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....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
......e proper forum for their adjudication is a Civil Court."
7. In Peoples Insurance Co. Ltd. V. Ms C.R.E. Wood & Co. Ltd. AIR 1960 Punjab. 388 the same views were reiterated but the. Court ordered for rectification of the register of members of the respondent Company after setting aside a......eared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......reme Court
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……………&..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....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. ......a with whom she voluntarily fled away in the night of occurrence. Accused appellant Abdul Quddus in his statement under section 342 Cr.P.C. produced a true copy of the Kabinnama dated 19-5-79 in order to show that his marriage with P.W.2 Ferdousi was solemnised and registered by the Kazi of Che......Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. .......S. Gobindaganj, District Rangpur. The house of accused appellant Abdul Hossain is in village Malancha of the said P.S. Gobindaganj. Accused appellant Abdul Quddus has two wives, 5 daughters and one son and is aged more than 40 years while accused appellant Abul Hossain is aged more than 38 yea..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......e defendants. E. That a decree for khas possession of the suit property be passed against the defendants." A further prayer was incorporated that defendants 8 to 18 should be ordered to remove at their own costs, the constructions made by their predecessor in any portion of ...... This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......nistrator of the disputed properties appointed under the letter of administration granted in his favour by the learned District Judge. 3. The plaintiffs case briefly stated is hat one Girish Chandra Aich Chowdhury executed, a will on 12-1-1911. One Rain Kumar was an elder co..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. ......tatement that the insured value of the goods was Tk. 3, 48,650/- is not denied. Defendant No 3 who has already made a part payment is to pay the reminder of the plaintiffs claim. 13. Hence it is ordered that the suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs again...... Present: M.H. Rahman J Albert David (Bangladesh) Ltd…………………………………………..Plaintiff Vs. M/S Brestern Shipping Company Ltd. & others…………......sed against defendant No.2 who merely acted as agent of the time charterer. 10. Defendant No.2 has further contended that the suit was barred by limitation as the claim was not filed within one year from the date of the discharge of the cargo. Reliance has been placed on Article III of the..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. ......nt that the insured value of the goods was Tk. 3, 48,650/- is not denied. Defendant No. 3 who has already made a part payment is to pay the reminder of the plaintiff's claim. 10. Hence it is ordered that the suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs again......Supreme Court High Court Division (Admiralty Jurisdiction) Present: M.H. Rahman J Albert David (Bangladesh) Ltd.…………..…..................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant ...... passed against defendant No. 2 who merely acted as agent of the time charterer. 7. Defendant No. 2 has further contended that the suit was barred by limitation as the claim was not filed within one year from the date of the discharge of the cargo. Reliance has been placed on Article III of the..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
....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
......ficate issued there under covering the cargo were taken in the name of Bangladesh Chemical Industries Corporation A/C Albert David (BD) Ltd. and therefore the BCIC has the right to sue, if at all. In order to examine and scrutinize the claim of the plaintiff, defendant No. 3 requested the plaintiff ......ert David (Bangladesh) Limited……………………………. 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&hell...... to hear, examine, try and determine all causes, civil and maritime and all pleas of contracts"
and
"all matters and contracts which in any manner whatsoever relate to freight or money due for ships hired and let out, transport money, maritime usury or bottomry or to extortions, ..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......shy;spondents. 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 sect...... Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......rocedure was filed by the defendants and Miscellaneous Case No.83 of 1978 was started on the basis thereof. The parties produced papers in support of their respective claims. The defendant petitioners stated that under the garb of the decree relating to holding No.91/1 of Sarat Chakraborty..Category: Property Law | Date: 2 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 ......om Original 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...... Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......l Shaheed...............................Respondent Judgment February 17, 1982. Result: The appeal is dismissed. Appointment of Receiver— Appointment of Receiver is one of the harshest remedies allowable under the Civil Procedure Code and Court has to discharge thi..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
....79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
....... 8 of 1980.
Judgment
Chowdhnry A.T.M. Masud J.— This Rule was issued calling upon respondent No.1 to show cause as why he should not be committed for contempt of Court.
2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, directed the Circle Officer (Revenue), S......
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......
..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....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 ......of the said Sherpur P.S. Case No.14, so far it related to plot No. 14 of Khatian No. 22 mouza Narayanpur. 3. The petitioner stated that after obtaining a certified copy of the aforesaid rule and order of stay passed by this court, he went back to Sherpur, where the said Sherpur P.S. case No. 14...... from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......sp; ..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)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......nd staffs of Zilla Parishad. In the absence of any other rule modifying the provisions relating to appointment and dismissal in Local Council Servants (Efficiency and Discipline) Rules, 1968 the order of dismissal passed by the Chairman of the Zilla Parishad cannot be said to have suffered from......osts. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......p; ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......ts and possession of the petitioner threw him out of possession of his legally acquired property. It was, to say the least, an act of extreme high handedness on the part of responsible official bordering on vandalism. Government officials would do well to remember that to enjoy the protect......l J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respon..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......cised its descretion in favour of one of the two alternatives--The papers on record no where indicate that the authorities applied their mind to the alternative proviso in Rule II before the impugned order was passed. Delegation of power- Whenever there is a question of delegation of power......be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......Supreme Court 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 Janu..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)
.... Court may seem fit and proper. 11. It transpires, from the petition, interalia, that the then Pakistan Tea Board invited private parties to take lease of lands listed and notified in the notice published for the purpose of starting tea plantation on the lands thus leased out. The Tea Boar......ed 5-12-74 after discussion with the then Prime Minister Mr. Sheikh Mujibur Rahman. On the basis of the said not initiated by Mr. Taheruddin Thakur, Mr. Sheik Mujibur Rahman passed the following order on the same date in the matter: “সরকার জন স্বার্থে ...... pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ...... Abdur Rahman Chowdhury J ATM Afzal J Neerala Tea Estate & another……………………………………Petitioners Vs. Bangladesh Tea Board & ors………………&h..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)
....is court may seem fit and proper. 9. It transpires from the petition, interalia, that the then Pakistan Tea Board invited private parties to take lease of lands listed and notified in the notice published for the purpose of starting tea plantation on the lands thus leased out, The Tea Board its......dated 5.12.74 after discussion with the then Prime Minister Mr. Sheikh Mujlbur Rahman. On the basis of the said note insulated by Mr. Taheruddin Thakur, Mr. Sheikh Mujibur Rahman passed the following order on the same date in the matter; “সরকার জনস্বার্থে ন...... No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......sion (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 ………...............Responden..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 ......e, properties. If so, what is the extent of his share.” 6. It was framed so by the court as it was the duty of the plaintiff to prove that be was a co-sharer of the property in question in order to be entitled to ask for partition. To prove that co-sharer ship of the property the plaintif......hmat Dasi................................Respondent Judgment January 7, 1982. Result: The Appeal is dismissed. Cases Referred To- Seshammat Vs. Kuppanatyyangar, reported in A.I.R. 1926 Madras, at page 475. Lawyers Involved: Md. Fazlul Karim—For the Appel......f is a stranger to the property, having no right, title, interest and possession of the land in suit. It was further alleged that the suit land originally belonged to Gour Majhi who died leaving only one son defendant No.1 and he had no other son by the name of Nagar Mondal. The said Nagar Modal was..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....d on 24th December, 1979 by order of the President of Bangladesh with the authentication of the Secretary, Establishment Division in the Cabinet Secretariat of the Government of Bangladesh and it Was published in Bangladesh Gazette extraordinary on 24th December, 1979. Rule 2 of the aforesaid Rules ......h is as to whether the aforesaid Government Savants (Seniority of Freedom Fighters) Rules, 1979 whereunder the respondent No. 4 was granted antedated seniority over the petitioners under the impugned order Annexure B, has been made in accordance with the provision of the Constitution of Bangladesh p......with the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......in J Abdul Wadud Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Res..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....for preemption are affirmed. 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) 89. ......y Act. Upon these two grounds the appeal was allowed and the application for pre-emption was dismissed. This Rule under section 115 of the Code of Civil Procedure is directed against the judgment and order of the learned Subordinate Judge. 3. Mr. Abdur Rahim, the learned Advocate appearing......isdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Shahidur Rahman Molla & others………………&h...... Abdul Wadud Chowdhury J Sultan Hossain Khan J Shahidur Rahman Molla & others………………………Petitioners Vs. Abdul Halim Molla & others………………&h..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ...... Upon these two grounds the appeal was allowed and the application for pre-emption was dismissed. This rule under section 115 of the Code of Civil Procedure is directed against the Judgment and order of the learned Subordinate Judge. 3. Mr. Abdur Rahim, the learned Advocate appearing on b......This Case is also Reported in:35 DLR (HCD) (1983) 79. ......ivision (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Abdul Wadud Choudhury J Sultan Hossain Khan J Shahidur Rahman Molla & other……………………………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment ..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
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 ......ecree of the court of appeal below are set aside and those of the trial court restored. The plaintiff's suit is decreed on contest but in 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 ......) (1982) 51 ......a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee and the transferor for reconveyance of the said land on repayment of the consideration money Within the stipulated period. Plaintiffs father Samiruddin Mia died leaving three sons namely t..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
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