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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. ......at page 229 it has been stated in clear terms that if the reconveyance takes place before the starting of the proceeding for pre-emption the right to pre-emption does not exist. In an unreported decision in the case of Bandar Ali Halder Vs. Kalu Halder and others Mr. Justice Ruhul Islam also fo..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....he FIR. The allegation against accused Ashit Baron Saha was that lie lifted the entire quota of different varieties of cloths ahlotcd to him by the T.C.B. under memo No.TCB(S&D) Textile/73/543(3) dated 18-4-73, but did not submit arrival report to the office of the Sub-Divisional Officer, Madari......ce. The Sub-Divisional Magistrate has no power to revive in respect of the discharged accuses the proceeding which has come to an end by the passing of an order discharge. 9. We have perused the decision reported in 15 DLR (SC) 55. That was a case where the accused was discharged under section ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......ter had already been sealed and signed on 2nd December, 1974, and thus, he submitted, that the appeal became infructuous. I do not find any substance in this submission. Long ago in a Full Bench decision of the Patna High Court in Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 C.W.N...Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....n application under section 115 (old) of thy Code of Civil Procedure and is directed against an order passed by the Additional District Judge, Faridpur in Miscellaneous Appeal No.24 of 1977 dated 13-4-77 reversing those passed by the learned Subordinate Judge, 1st Court, Faridpur dated 21-...... has been obtained. 3. The matter came up before a single Bench of this court but since a larger. Bench should receive the question involved in the Rule, it has been referred to this Bench for a decision by the learned Chief justice. The petitioner was represented by Mr. B.N. Chowdhury the..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....he Appellants. Zinnur Ahmed, Advocate—For the Respondent. First Appeal No. 91 of 1973. Judgment MH Rahman J.— This appeal is directed against the judgment and order dated 30-12-1972 passed by the Subordinate Judge, 1st Court Dacca in Title Suit No.242 of 1967 dismi......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
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5. In both the matters the lease was for 5 years and it was given effect from 1-11-70. Monthly rent was also the same in both the cases. Both the leases expired on 30th November, 1975. Before that date the Corporation requested its tenants for renewal of the same. But the tenants continued to pos......registered in accordance with requirement of law the lessor is entitled under section 53A of Transfer of Property Act to resort to the arbitration clause of the agreement. Let me refer to some of the decisions cited on behalf of the appellant.
9. In Mahomed Musa and others Vs. Aghore Kumar Gang..
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)
....For the respondent No.4. Mahbubey Alam, Advocate instructed by M.S. Zoha Chowdhury, Advocate-on-record-For the respondent No.6. Civil Appeal No.60 of 1982. (From the Judgment and Order dated 19.4.82 passed by the High Court Division in Admiralty Suit No. 5 of 1982). Judgment ......Admiralty Court. Hence, the rejection of a plaint by that Court under Order 7, rule 11 (a) was wrong. Secondly, even if such provisions are held to apply to proceedings in an Admiralty Court the decision that the plaint did not disclose a cause of action that can be entertained under the admira..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....ibers namely Abdur Rashid, M.A. Quasem, Nurul Islam, respondent Nos. 7 to 9, each subscribing 100 shares and Mosharraf Hossain Khan respondent No.1 subscribing one share. In pursuance of an agreement dated 11-3-80 respondent Nos.1, 7 to 9 transferred their shares to petitioner No.1 and her husband M......hat the matter involves complicated questions of facts and the matter cannot be disposed of in a summary jurisdiction under section 38 of the Companies Act.
Let me refer to some of the decisions placed before me by Mr. Rafiq-ul-Huq who has acted as amicus curiae in this matter.
5..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....his statement she disclosed how she was kidnapped and raped by the two accused appellants. The further case for the prosecution is that P.W.4 Mokbul Hossain on 4th May, 1979 had made G.D. entry No.83 dated 4-5-79 (Ext. C) at 2-15 P.M. at P.S. Gobindaganj, District Rangpur stating that since the prev...... from whose custody P.W.2 Ferdousi was taken away by the accused appellants, the conviction of the said accused appellant under section 366 or the Penal Code cannot be upheld in view of the decision in the case of Eaar Ali and others Vs. The State, 11 D.L.R. 249 and that the conviction of ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....Aich had three sons, Mohendra, Nabin and Nikunja. Mohendra was taken in adoption by Ram Kumar who died leaving Mohendra. Girish Chandra Aich bequeathed his entire properties in terms of the Will dated 12-1-1911. In terms of the said Will Mohendra, Nabin and Nikunja would get six annas, five ann......sposition of the property by the will was a transfer within the meaning of the Transfer of Property Act. Therefore, in our opinion, section 10 of the Transfer of Property Act has no part to play. The decision in the case of Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others rep..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)
....3 is a nationalised concern under the Bangladesh Chemical Industries Corporation in short, the B.C.I.C. It shipped a consignment of 90 drums chloramphenical base and palmitate by Bill of Lading No.75 dated 28-2-79 from Hamburg, West Germany to Chittagong on board SS. AYUTHIA. The Cargo was bought fr...... 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. ..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)
.... is a nationalized concern under the Bangladesh Chemical Industries Corporation in short, the B.C.I.C. It shipped a consignment of 90 drums chloramphenicol base and palmitate by Bill of Lading No. 75 dated 28-2-79 from Hamburg, West Germany to Chittagong on board S.S. AYUTHIA. The Cargo was bought f...... 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. ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
.... M.M. Isphahani Limited, defendant No. 2, acknowledged a short landing on. 22.5.80 and the Chittagong Port Trust also issued a Certificate to that effect. The plaintiff sent on 13.6.80 its claim bill dated 12.6.80 for Tk. 10, 27,502/- for the total value of the goods lost and forwarded the relevant ......iff it has been submitted that the plaintiff company has not lost its corporate character, and reliance has been placed on New Dacca Industries Ltd. Vs. Quamrul Huda and others 31 DLR(AD) 234 in that decision it was observed;
“No doubt, because of the vesting of the shares of the company ..
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)
....emption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby she became a co-sharer in the holding Kalipada Ray sold some other lands o.......P. had got his kabala executed and registered on a date earlier than that of the date of the kabala sought to be preempted he could not claim ratable preemption. 9. Mr. Answer Ali referred to a decision reported in 9 DLR page 258 wherein it has been held that a document takes effect from the d..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ondents. First Miscellaneous Appeal No. 82 of 1973. Judgment Ranadhir Sen J.— This appeal at the instance of the plaintiff opposite party is directed against the order dated 23-12-78 of the learned Subordinate, Judge on an application of the defendant under section 14......uch contention in the suit. It is therefore, premature at this stage to enclude and say anything as to the identity or otherwise of the suit land. We have taken sufficient precaution in our decision so that the parties to the suit are not prejudiced in the trial. In our considered opinion,..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....ginal Order No. 510 of 1981. Civil Rule No. 1721 (FM) of 1981. Judgment Chowdhury A. T. M. Masud J.— This appeal at the instance of defendant No. 1 is directed against the order dated 16.9.81 passed by the Subordinate Judge, 3rd Court. Chittagong, in other Suit No. 193 of 1981,......h notice is however a matter which should be left to the discretion of the Court concerned. While appointing a Receiver under Order 40, rule 1, C.P.C. the Court does not arrive at any final decision on the merits of the case, but its object is only to preserve the status quo ante during th..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....ondents to show cause as to why they should not be committed for contempt of court. 2. It has been stated by the petitioner that under the direction of respondent No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of 1975, was started against the petitioner on the allegation that he gr......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 ..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)
.... 1980. Judgment Sultan Hossain Khan J.— These two rules arising out of two writ petitions namely petition Nos. 447 of 1980 and 448 of 1980 are directed against two orders of dismissal dated 29.12.79 passed by the Chairman, Bakerganj Zilla Parishad and these are disposed of by one jud......mme may kindly be furnished to this Ministry by the 15th July, through special messenger as per proforma enclosed herewith." 6. Mr. Mainul Hosein, has strenuously argued that in view of the decision of the Government to appoint all Rural and Urban Works Programme Officers and staff as from..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....tructed Headmaster's quarter. In paragraph 6 the respondent Government have stated that there was strike in the Educational Institutions in Sylhet town for several days but without mentioning any date whatsoever. It was further stated that the local administration took the step of issuing a noti......of the Govt. High School by you. You are directed to produce documents if any to justify the dismantling of the hostel. You are further directed to keep the dismantling work suspended till final decision in the matter.” 4. The petitioner duly produced the necessary documents and pape..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
.... not below Tk. 2600/- per month are also required to placed before the President for his approval. The Deputy Attorney General in reply, has however, placed before us Memo. No. PS/PSS/V/4/78-853(150) dated November 3, 1978 signed by the Secretary, President's Secretariat (hereinafter called the ......y the Secretary to the competent authority. This, in our opinion, was necessary to enable the competent authority to apply its mind in the facts and circumstances of a particular case and arrive at a decision as to whether it would be more expedient to allow the petitioner to proceed on leave or to ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
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