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Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......o individuals only but a relationship which had a public Character and not between master and servant. Next, the Managing Committee, representing the public interest and a section of the public had a duty to work in accordance with the rules under which the Managing Committee was created. The Rules ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......p the launch and to go back to the Ghat to which Serang did not agree. Whereupon an altercation started between two students on one side and Serang and his clerk alongwith the Ansars who were on duty on the other side. After lodging the F.I.R. a case was started under sections 342/324/365/367/3..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......is much more than Taka 30,000/-. Due to the loss of the car the plaintiff has sustained a loss of Taka 20,000/- which was the market value at the relevant time. The plaintiff got refund of the custom duty etc. amounting to Taka 5, 891,78. So by adjustment of refund of custom duty the plaintiff suffe..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ...... 1963 Dacca 987. 4. On the other hand it has been contended by respondent that the appellant had never been prejudiced as he was present when the commissioner went to the locality and it was the duty of the learned Advocate of the defendant to keep himself abreast with the subsequent orders of ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......uncil that the Raids or Orders of the Code dealing with the case of non-appearance of a suitor were inapplicable to a situation when the suits, was dead. Upon'being pointed out the mistake it was duty of the Court to rectify it, the application of substitution should, have been granted and the s..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......4 of the Companies Act and Articles 39 and 43 of the Articles of Association of the Company. In answer to this argument the respondents filed the photocopies of the share transfer forms and the stamp duty. Then further argument was advanced that there was no follow-up by the Board of Directors to ap..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......f Criminal Procedure maintained a distinction between summons cases and warrant cases it was the settled law with regard to trial of a warrant case that it was not the complainant but the Court's duty to recall the prosecution witnesses and therefore the Court could not acquit the accused s..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....has sought to contend mainly that the learned Sessions Judge illegally usurped the power of the learned Magistrate in deciding the question of possession of the proceeding land and acted in excess of his Jurisdiction in entering into the same because the only question before him was to see......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ...... portion of the disputed plots in his maliki right and two of his witnesses, namely, P.Ws. 2 and 3 have deposed that the pre-emptor has the land contiguous to the disputed plots. Thus it was also the duty of the Court below to consider as to whether the pre-emptor is a contiguous owner of the disput..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......ate to the High Court Division. If the High Court Division finds that the Court of Munsif could not execute the order of the District Judge owing to factors beyond its control it becomes an avoidable duty on the part of the High Court Division, exercising jurisdiction in accordance with law over the..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......rs that in a sense this section provides that an agreement to do an act which becomes impossible due to some event beyond the control of the promisor is void. As a result he is no longer under the duty to perform this obligation. In support of his assertion he relied on the case of Raja Dhruv ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....rdered. 11. Mr. M.A. Aziz, has lastly contended that as the Magistrate acted with jurisdiction and with lawful authority it could not be said to be an order passed without lawful authority or in excess of power not conferred by law and in the absence of such error or illegality no revision woul...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......evidently such power was assumed by him without being vested by the Code of Criminal Procedure or any other law. If the informant was aggrieved by the order of the Session Judge it was his clear duty to come up in revision before, this Court against the said order but he did nothing of the..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
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. ......miralty Jurisdiction. It was contended that section 6 of the Admiralty Act, 1861 is attracted only when damage is done to the goods or any part thereof due to negligence, misconduct or breach of duty or breach of contract on the part of the owner, Master or the Crew of the ship. In the present ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
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. ...... were to get the only usufruct of the properties' and they had no right to transfer or to encumber the property in any way. Mohendra was appointed the first executor and he was entrusted with the duty to perform puja of the family deity from income of the property and to act in terms of the will..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
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 ......pointment of Receiver— Appointment of Receiver is one of the harshest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiv..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
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 ......ion of retaining wall on the West Bank of Bhola Khal in collusion with the contractors of the said work. Thereafter the petitioner was served with a charge sheet dated 7.2.1979 alleging negligence of duty, dishonesty and corruption with regard to the execution of the said work. In the charge-sheet t..Category: Administrative Law | Date: 1 Feb, 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 ...... put up before the Hon'ble Minister and the Hon'ble Vice-President contained only one proposal and that is to suspend the petitioner in terms of rule II, quoted above. We feel that it was the duty of the Secretary to point out in his note the proviso to rule II as well, but this was not done..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)
....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. ......he lands thus leased out. The Tea Board itself was set up by the then Government of Pakistan in accordance with the provisions of Order 46 of 1959 with Head quarter at Dacca and its primary duty was to bring under tea cultivation virgin and fallow lands by leasing out those on long terms t..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2