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....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......82.
......p;……………………Respondent
Judgment
June 15, 1982.
Result:
These Appeals are dismissed.
Cases Referred to-
Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum ......ate Jurisdiction)
Present:
Abdul Wadud Chowdhury J
M.H. Rahman J
Bangladesh House Building Finance Corporation………………Appellant
Vs.
M/S Moinuddin Akhtaruddin Chowdhury…………………..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
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. ...... at Chittagong from the Tag Master is the Tag's agent in Singapore; (iv) Acknowledgement receipt duly signed by the plaintiffs upon receipt of the vessel in afloat condition at Chittagong in Bangladesh to be attached along with the documents required for negotiation of the letter of Credit.......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ......l Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgm..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....s in the application. Their case is similar. According to them the company, Incorporated on 20th August. 1976, started functioning after purchasing Elahinoor Tea Estate and Halda Valley Tea Estate in Government auction on 14th June, 1977: that the Company had to take loan of Tk. 5, 70368/22 paisa fr......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
......D) (1982) 345; 3 BLD (HCD) (1983)149
......
High Court Division
(Civil Original Jurisdiction)
Present:
M.H. Rahman J
United Planters and Traders Limited and Another…………Petitioners
Vs.
Md. Mosharraf Hossain Knan & Others………………&hel..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....ion that the girl was aged about 17 years. The genuineness of this certificate by the Deputy Civil Surgeon, Bogra is very much in doubt. Moreover a doctor of the rank of a Deputy Civil Surgeon of the Government would not normally examine an unmarried girl without her being forwarded by the police an......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&......tion) Present: Mohammad Habibur Rahman J Mustafa Kamal J Abdul Quddus & Another…………………………Appellant Vs. The State…………………………&h..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... of the properties. She asserted that she purchased R.S. plot No.382 of schedule (B) in mortgage execution sale. She has been possessing the same since such purchase on payment of revenue to the Government by raising construction and making improvement thereon. 6. Defendant No.16 has ...... that no trust was created by the will or that it was void. Mr. Halder pointed out that the amended section of section I of the Trust Act which runs as follows:- "It extends to the whole of Bangladesh. But nothing herein contained affects the rules of Muhammadan Law as to waqf, or the mutu......ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th......adhir Sen J Sultan Hossain Khan J Narendralal Chowdhury & others…………………………………Appellants Vs. Bimal Kanti Chowdhury & others…………………&..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
.... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ...... Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ......M/S Brestern Shipping Company Ltd. & others…………………Defendants Judgment April 29, 1982. Result: The suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No.3. Case Referred to- ......: M.H. Rahman J Albert David (Bangladesh) Ltd…………………………………………..Plaintiff Vs. M/S Brestern Shipping Company Ltd. & others……………&hel..Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7
Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)
.... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ......(1982) 362, 3 BLD (HCD) (1983) 3. .................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment April 29, 1982 Result: The Petition against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To- ......t High Court Division (Admiralty Jurisdiction) Present: M.H. Rahman J Albert David (Bangladesh) Ltd.…………..…..................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
....y jurisdiction of the High Court of Calcutta. The Admiralty rules framed by the High Court of Calcutta came into operation in June 1912. The jurisdiction was preserved by section 106 of the Government of India Act, 1915 and section 223 of the Government of India Act, 1935. In 194......Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......llip;…………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M/s. M.M. Ispahani Limited, Ispahani Building and two others………....Respondent
Judgment
April 12, 1982
Re......dmiralty Jurisdiction)
Present:
M.H. Rahman J
Albert David (Bangladesh) Limited……………………………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....t High Court Division (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangladesh and others………..Respondents and Surendra......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ...... (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangladesh and others………..Respondents and Surendra Mohan Shaha........................reme Court High Court Division (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangladesh and others………..Respondents and ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....ning an authority to do a certain thing is mandatory or not could be decided upon the consequence that would follow in the event of not doing the thing by the authority. The petitioners were not Government employees under Rule 5(53) of the Bangladesh Service Rules and their pay were not paid ou......ndatory or not could be decided upon the consequence that would follow in the event of not doing the thing by the authority. The petitioners were not Government employees under Rule 5(53) of the Bangladesh Service Rules and their pay were not paid out of the State Treasury— Under the......olla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: ......J Sultan Hossain Khan J Abdul Quader Molla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....hellip;….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter disposse......igh Court Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua......rt High Court Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: The rule is made absolute. Suspension of Government servant – Rule II of Government Servants (Discipline and Appeal) Rules, 1976 ......High Court Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. ......Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: ......urt High Court Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 19..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....hellip;…………………………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the......hury J ATM Afzal J Neerala Tea Estate & another……………………………………Petitioners Vs. Bangladesh Tea Board & ors……………………&helli......lip;…..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inalienable right to enjoy the pr......man Chowdhury J ATM Afzal J Neerala Tea Estate & another……………………………………Petitioners Vs. Bangladesh Tea Board & ors…………………&hell..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)
....oncurring with the same, I would like to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that was produced before us by the learned Assistant Attorney General. 2. The p......riginal Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment ...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ......Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judg..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....re considered by the Court to have special means of knowledge as members of the family or otherwise, to testify to the relationship of the plaintiff with Gour Majhi. Those statements found on various Government records as to distribution and devolution of the family property and as to ownership, was......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 ...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......h Court Division (Second Appeal Jurisdiction) Present: Anwarul Hoque Chowdhury J Gopal Chandra Mondol……………………Appellant Vs. Lashmat Dasi................................Respondent Judgment January 7, 1982. ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....d Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents Judgme......sp;J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents Judgment Decemb......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ......bdul Wadud Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
....alth and Population Control and others......................................Respondents
Judgment
December 2, 1981.
Result:
The Rule is made absolute.
Compulsory Retirement of Government Servant –
No materials were produced before the Court to show that the author......ginal Jurisdiction)
Present:
Abdul Wadud Chowdhury J
Sultan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and ot......ltan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and others......................................Respondents
Judgment
......ecial Original Jurisdiction)
Present:
Abdul Wadud Chowdhury J
Sultan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Contr..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of 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) 54. ......ginal Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judg......ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: ......ecial Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....as an advocate before subordinate Courts in Bangladesh for a period of two years; (b) he is law graduate and has practiced as an advocate before any High Court outside Bangladesh notified by the Government in the official Gazette; (c) he has, for reason of his legal training or experience ......diction) Present: Abdur Rahman Chowdhury J ATM Afzal J Kazi Habibul Awal…………………………Petitioner Vs. Bangladesh Bar Council……………Respondent Judgment Nov...... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ......nal Jurisdiction) Present: Abdur Rahman Chowdhury J ATM Afzal J Kazi Habibul Awal…………………………Petitioner Vs. Bangladesh Bar Council……………Respondent Judgment..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....cumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; B.R. Bhuiy......Munim J Ruhul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants Vs. Bangladesh Shipping Corporation…………….Respondent Judgme......-It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ......azle Munim J Ruhul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants Vs. Bangladesh Shipping Corporation…………….Respondent J..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
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