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Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

.... the file was again put up be­fore him by the joint Secretary. Thereafter the file appears to have traveled to the Minister, Mr. Phony Bhushan Majumder who by his order dated 22-1-75 directed the Deputy Commissioner to resume the land of the Neerala Tea Estate and then the sequence of events set......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.   ......served upon the peti­tioners by the government which is a violation of the rule of audi alteram partem. The petitioners were in possession of the garden in 1975 and the learned Assistant Attorney General had no answer as to how the government could re-enter and take possession without the inter&...... area properly surveyed would exceed 250 acres. 17. The petitioners have then alleged that all on a sudden on June 26, 1975 an Officer deputed by the local Sub-divisional Officer along with some Police invaded the garden and demanded the surrender of all movables belonging to the Company and th..

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)

....ster the file was again put up before him by the Joint Secretary. Thereafter, the file appears to have traveled to the Minister, Mr. Phanl Bhushan Majumder who by his order dated 22.1.75 directed the Deputy Commissioner to resume the land of Neerala Tea Estate and then the sequence of events set out......nces of the ease, we direct that the contesting respondent 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. ......q Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Petition No. 529 of 1980 Judgment Abdur Rahman Chowd......nces of the ease, we direct that the contesting respondent 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. ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....nother Vs. Union of India & others, AIR 1969 SC 118; Shahabuddin Vs. Pakistan PLD 1957 Karachi 854. Lawyers Involved: Abdur Rab Chowdhury, Advocate- For the Petitioners Sohrab Ali, Deputy Attorney General, with M.M. Huq, Assistant Attorney General-For respondent 1  ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......ment 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 (AD) 140; Sta...... He left Bogra on 18.4.71. when its fall to the Pakistan Army became imminent. During the nine months of the war of liberation he moved from one place to another within Dhunot Gabtali and Shariakandi Police Stations in the district of Bogra for organising people's resistance. In spite of repeate..

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.   ......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.   ......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.   ......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.   ..

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. ......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. ......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. ......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. ..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

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   ...... 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   ...... 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   ...... 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

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ......hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ......K.M. Arshad Ali Vs. Govt. of Bangladesh in Writ Petition No. 195 of 1981. Lawyers Involved: Syed Istiaq Ahmed with Mahmudul Islam—For the Petitioner. M. M. Hague, Asstt. Attorney General—For the Respondent. Writ Petition No. 428 of 1981 Judgment Abdul Wadud ......hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

....­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....ique-ul-Huq, Sr. Advocate with, Aminul Huq, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record —For the Appellant. K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, instructed by B. Hossain— For the Respondents.  C.A. 9......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.       ....... Lawyers Involved: Rafique-ul-Huq, Sr. Advocate with, Aminul Huq, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record —For the Appellant. K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, instructed by B. Hossain— For t......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.       ..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ......h the police and found the dead body of Matiar Rahman. P.W.11 Dr. M.A. Sattar, Assistant Surgeon, Dinajpur Sadar Hospital held post mortem examination on the dead body of Matiar Rahman on 1-9-69. Sub-Inspector Abdus Salam (who was dead at the time of trial) investigated into the case and submitted c......ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ......ed the occurrence to him. At that time accused Azizul Huq managed to escape from the custody of P.W. 3 Nazrul Islam. Seeing the accused party men coming to attack them P.W. 3 Nazrul Islam went to the Police Station and lodged F.I.R. at 11-40 hours narrating the part of occurrence he had been and req..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

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     ......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     ......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     ......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

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

..../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ......ring the war of liberation. 24. P.W.12 M. A. Gani was Officer-in-Charge, Kushtia police station on 15-7-72. He received the first information report from P.W.1 and endored the case to P.W.13 Sub-Inspector Serajul Huq for investigation. P.W.13 investigated into the case from 15-7-72 to 29-7-72. ......ble doubt that the accused voluntarily participated in the purported bye-election in October, 1971. P.W.7 Serajul Islam, Election Officer of Kushtia in 1971 has deposed that the accused contested the General Election in 1970 as a candidate from the Jamate-Islami Party and, was defeated. His security...... for abducting P.W.1 Abdus Sattar collapsed after the ex­amination of P.Ws. 1 to 5. That this submis­sion cannot be ignored is substantiated by the further cross-examination of P.W.9, namely, Police asked me yesterday to de­pose in this case. I came first to thana today and thereafter we..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

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.   ......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.   ......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.   ......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   ......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   ......ation (Per K. Hossain, CJ) Case Referred to- Bangladesh Vs. Md. Abdur Rob, (33 DLR (AD) 143); Bangladesh Vs. Jahangir Hossain (1981 BID (AD) 378); Province of Ontario Vs. Attorney-General for the Diminion of Conada, (1912 AC 571); Bangladesh Vs. Jahangir Hossain (1981 BLD (A......ould have reported under his Order of recall, he left the country, and for two years evaded arrest until, on October 9, 1948, he was arrested at Antwerp by British Officers accompanied by two Belgian Police Officers. Having been detained in a Police station in Antowerp, until October 11, he was esco..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....on of Property Act, 1948, hereinafter referred to as the Act, simultaneously with notices under section 5(3) of the Act bearing the same date. They filed written objection to the Additional Deputy Commissioner (L.A.) Dacca, respondent No. 3 without any result. They then moved the responden......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   ...... Syed Ishtiaq Ahmed, with Shah Mohammad Sharif, Mahmudul Islam, Fakhrul Islam, Md. Wahidullah, Farid Ahmed and Nizamul Huq, Advocates—For respondent No. 6. M. M. Hoque, Asstt. Attorney General, for res­pondent Nos. 2 to 4. Md. Rafiq Mia & others —Petitioners. S......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   ..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....0 Dac 1025); M. A. Khaleq Vs. Pakistan (PLD 1957 Dac 437 (447) Lawyers Involved: Mainul Has sain, K Z. Alam, Md. Joynul Abedin, Advocates—For the Petitioners. M. Sohrab Ali, Deputy Attorney General— For the Respondent. Writ Petition No. 673 of 1980. Judgment......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   ......e Improvement Trust (PLD 1970 SC 223); Dr. A.N.M. Mahmood Vs. The Syndicate of Dacca University (PLD 1970 Dacca 85);Province of East Pakistan Vs.Hiralal Agarwala (PLD 1970 SC 399); Attorney General of the Gambia Vs. N'jie ((1961) 2 All E.L.R. 504(511)); Giant Anti-Fascist Refugee ......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   ..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 .......C. Panday, Advocate-on-Record— For the Appellant Fazlul Karim, Sr. Advocate, instructed by Aftab Hossain, Advocate-on-Record, for respondents 1-4, B. Hossain, Assistant Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record—For respondent 5   Cr. ......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

Bengal Water Ways Ltd & Another

....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ......y's bussiness and since then Rahimuddin Ahmed had been acting as Chairman and Zahiruddin Ahmed as Manging Director of the Company. 7. Further case if respondent No. 1 is that the last Annual General Meeting of the Company was held in December, 1969 and since then no General Meeting of the C......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......otahar Ali Miah being dead, his heirs, Faruk Mia & others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time ......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....to have had very little effect. We must remind all concerned once again that law is supreme in the country which must be obeyed and respected. We have had the benefit of the assistance of the learned Deputy Attorney General (Civil) and the learned Deputy Attorney General (Criminal), both of whom hav......er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ......ed 27.9.80 directed the Collector of Customs, Chittagong to escort the attached trawlers to the Fish Harbour of the Bangladesh Fisheries Development Corporation at Chittagong and further directed the General Manager of the Fish Harbour to keep the trawlers in his custody till security is furnished. ......o (1) The Director, Directorate of Fisheries. Kakrail, Dacca, (2) The Collector of Customs, Chittagong. (3) The principal Officer. Mercantile Marine Deptt. Chittagong, (4) The Officer-in-Charge. Port Police Station, Chittagong, (5) M/s. Manzurul Aziz, Managing Director. King Fisheries Industries Ltd..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2