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Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....sion (Special Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. ......ecial Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: ...... Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Lt......ourt Division (Special Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 1..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....1) KB 18. Lawyers Involved: Matiur Rahman, Assistant Attorney General— For the State-Appellant. Asrarul Hossain with Abdul Azim, Advocates— For the Accused Respondent. Government Appeal No. F of 1981. Judgment Mustafa Kamal J.— This appeal against ac......g other concerns "banking company" and "a bank" was also "included within" the definition of the said words. It is undisputed that before the nationalisation of banks in Bangladesh the National Bank of Pakistan and its branches were included within the definition of the......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"......mmed Habibur Rahman J Mustafa Kamal J The State………………………………………State-Appellant Vs. Abdul Awal…………………………&..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....isdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh………………………&hel...... Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh……………………………&h...... is also Reported in: 3 BLD (HCD) (1983) 284. ......ional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh……………………&he..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ......3 and 65 of 1982 are allowed without any order as to costs. (2) Order of appointment of Receiver by the High Court as affirmed by the High Court Division is set aside. (3) All receipts from Bangladesh Water Development Board and/or its agencies will be credited in the Bank accounts, namely......te Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Mahbubur Rahman Sikder and others................................Petitioners Vs. Mujibur Rahman Sikder alias M. R......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Mahbubur Rahman Sikder and others................................Petitioners Vs. Mujibur Rahman Sikder alias M. R. Sikder & others..............Respondent Judgment..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)

....ner indi­cated herein-before. This application is thus disposed of accordingly. 9. Let a copy of this judgment be forward­ed to the Secretary, Cabinet Division and Ministry of law of the Government of Bang­ladesh to draw the attention of all Additional District Magistrates about the...... dis­posing criminal appeals in the light of the ob­servations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68.       ......admission but the Court must give its reason for such rejection at the initial stage. An appeal under section 407 of the Code gives a substantive right to the ap­pellant to be heard on merit and without dis­posing the, appeal on merit it cannot be said that the learned Additional Distri......Present: Latifur Rahman J Jamsed & others…………………………………………Petitioners Vs. Abdus Samad & others……………………&he..

Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.     ........(7) Cases Referred to- Upendra Chandra Roy Vs. Jonab Ali, 29 DLR (Dacca) 1977 at page 229; Bandar Ali Halder Vs. Kalu Halder and others; Mohar Ali Mondal Vs. Shahabuddin Mia at page 27, 1 Bangladesh Case Report (1981). Lawyers Involved: Abdul Mannan Khan, Advocate— For th......e is also Reported in: 3 BLD (HCD) (1983) 99.     ...... (Civil Revisional Jurisdiction) Present: Latifur Rahman J Ramesh Chandra Barman & others……………………Pe­titioners Vs. Naresh Chandra Barman & others…………………&..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....does not go to show that the appellant created a tenancy in his favour by not inter­fering with it. 17. As regards the contention that the suit land being tenanted lands were acquired by the Government, it appears that no evi­dence has been given to show that the suit land falls within ......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. ......wdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J New Dhamai Tea Estate Limited………… Appellant Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents Judgment August 6,1982. Result: ...... FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J New Dhamai Tea Estate Limited………… Appellant Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Res..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....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

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....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

Albert David (Bangladesh) Limited Vs. Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, 1982, 11 CLC (HCD)

....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