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....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......9 regarding the distinction between a lease and a license :—
"The line of demarcation between a lease and a license will sometimes be very thin though there is no doubt as to the principle applicable. A lease as will appear from section 105 of the Transfer of Property Act is a t......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......e powers co-extensive with the transferor court. Section 150 specifically provides that. But if transfer is of a particular case from the file of one court to another U/S 24, there is no reason under principle that the transferee court should not be held to have the same power as the court from whic......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......not a matter of procedure, it involves a substantive right. There is no scope for review of an order by which an award is made under subsection (1) of Section 7A of the Act. It is a settled principle of law the review is not a matter of procedure. It involves a substantive right. The ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ...... passed in Admiralty Suit No 5 of 1981 on April 19, 1982. The appellant and the proforma respondent No. 9 filed the aforesaid admiralty suit against the principal respondents for a decree for an amount of Tk. 71,61,724/- and other consequential reliefs. 2. Facts as stated are that in pursu..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
...... parties from being harassed and unnecessarily relegated to protracted litigation in a simple case.
12. Before I examine whether the present case is simple or not I like to reiterate the settled principle that in a proceeding under Section 38 the Petitioner is not entitled to a relief......ir in favor of Valley Tea Estate Ltd. the General powers of Attorney executed by respondent No. 1 in favor of MA. Muktadir were cancelled and withdrawn. MA. Muktadir failed to pay respondent No. 1 an amount of Tk. 2737/07 paisa as his cheque dated 234-80 for the said amount was dishonoured on 2-6-19..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......aintainable under the Admiralty jurisdiction of this Court?
2. Is the suit barred by limitation?
3. Is the suit bad for misjoinder and non-joinder of parties?
4. Is the suit hit by the principles of estoppel, waiver and acquiescence?
5. Has the plaintiff any cause of action to fi...... Article IV of the Hague Rules which reads as follows:-
“Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with goods in an amount exceeding £ 100 per package or unit, or the equivalent of that sum in other currency, u..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......aim ratable preemption while the kabala by which he claims to be a co-sharer and the kabala which he seeks to preempt were both executed and registered on the same date. 10. It is an established principle of law that a kabala after it is duly registered takes effect not on the date of registrat......all have to be set aside and the case remanded to the trial Court for apportionment of preemption in favour of the present petitioner and the present O.P. and to obtain a deposit of the proportionate amount of compensation money from the petitioner before granting preemption and rateable preemption ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......s not just and convenient to appoint a Receiver inasmuch as the disputed goods are lying in the Chittagong Port and due to the impugned order the goods could not be released by the appellant and huge amount of damages and interest are being accumulated. He further submits that the plaintiff's cl..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ...... He has further argued that the entry by the respondents into the tea garden and taking over thereof without any previous notice was not in accordance with due process of law and contrary to all principles of law and justice. In this connection he has referred to Sections 111(g) and 114A of the......-heeded, We also feel that the Government lawyers arc no less responsible for drafting the affidavits containing statements of facts which are not borne out by the materials on record. This amounts to not only misleading the court but also suppression of material facts. We hope, in future,..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....itioner No.1 paid the rent fixed for the first year amounting to Tk. 33,333/00. Thereafter rent was payable from the 6th year at the same rate. The Company purchased the standing timbers and paid the installments for the price thereof amounting to Tk. 68,000/00. 13. The petition goes on that at......ution He has further argued that the entry by the respondents into the tea garden and taking over thereof without any previous notice was not in accordance with due process of law and contrary to all principles of law and justice. In this connection he has referred to sections 111(g) and11......have gone unheeded. We also feel that the Government lawyers me no less responsible for drafting the affidavits containing statements of facts which are not borne out by the materials on record. This amounts to not only misleading the Court but also suppression of material facts. We hope, in future,..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......ithdrew the compensation money without any protest from the plaintiff. If the plaintiff was 8 annas shareholder of the property he would also be 8 annas owner of the compensation money and the entire amount could not be paid to one co-sharer without the authority of another. This clearly shows that ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......sion of the land at the time when the tenant was so settled and there was no absence of good faith in the settlement, the claim for khas possession could very well be resisted, on the strength of the principle enunciated in Binand Lal Pakrashi Vs. Kali Parmani (1893) 20 Cal. 708 and the tenant on th...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......ction 40 of the Transfer of Property Act, when a third person is entitled to the benefit or an obligation arising out of contract and annexed to the ownership of immoveable property but not amounting to an interest therein or easement thereof such a right or obligation may be enforced agai..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regulated by law--The disc...... bidder for the sale of a vessel named "SS BANGLAR MUKTI" and the respondent accepted the offer of the appellant along with the earnest money, The terms of the payment was 25% of the quoted amount to be paid in case, rest 75% by furnishing a Bank guarantee from a scheduled Bank within 21 d..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......ideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so. Apart from this general principle of law, section 60 of the Registration Act provided that a registered document d......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......ce of so much of the contract as can be performed and award compensation in money for the deficiency. Illustrations A and B appended to the section focus light. Section 14 is the corollary to the principle that equity looks to the substance rather than to the mere form. Section 15 is just conv......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......n rights and freedom, equality and justice, political, economic and social, will be secured for all citizens. Keeping this proclamation in the preamble in view, the Constitution has given fundamental principles of State Policy, which amongst others contains in Article 22, a provision, saying th......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 1
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......charge for the purpose of providing and maintaining the common facilities. When the Additional Deputy Commissioner (L.A.) by Memo dated 28.8.78 asked the respondent society to deposit the provisional amount of Tk. 66, 7, 924/88 for the acquisition of the lands in question, the respondent society too..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......tten statement contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had been no violation of the principles of natural justice. The learned Labour Court as regards the holding of enquiry into the c......hen a single act of neglect of work would constitute misconduct.
In the instant case the aforesaid single act of neglect in plying the vessel during the night and in a foggy condition of weather amounted to a misconduct under clause (h) of sub-section (3) of section 17 of the Employme..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
...... petition for a writ the first question that court has to consider is whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the court and I consider it to be a basic principle that a person seeking judicial review of administrative or quasi judicial action must show...... true which is denied, does not and indeed cannot empower the respondent to prevent a citizen of Bangladesh from entering Bangladesh or to expel him therefrom. Such an action by the respondent is tantamount to violation of the fundamental right of a citizen of Bangladesh to re-enter Bangladesh as gu..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
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