Search Options
Judgment Advanced Search
Displaying 481-500 of 2021 results.
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
....icient for adjudication of the matter and absence of the owners of the ship or of the chatterers would not non-suit the plaintiff. 8. It is no body's case that defendant No.2 entered into an agreement on behalf of the owners of the ship or the charterers. Section 64(d) of the Sea Customs Ac......ip;…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- Seafarers Inc. Vs. Province of East Pakistan; 20 DLR SC 225. Lawyers Involved: Dr...... 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)
....cient for adjudication of the matter and absence of the owners of the ship or of the chatterers would not non-suit the plaintiff. 5. It is no body's case that defendant No. 2 entered into an agreement oft behalf of the owners of the ship or the charterers, Section 64(d) of the Sea......ladesh 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 from Mannheim Beehringen. When the Steamsh...... 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
....se or a nationalized enterprise it is allowed by the Corporation to manage its affairs according to the rules of its Constitution, that is its Memorandum of Association and Articles of Association or agreement or deed under which it was originally created, it may be said that such company or enterpr......rt exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861. The instant suit arising out of a claim for non-delivery of the cargo that was to be carried by the ship Nedlloyd Leuve is amenable to the jurisdiction of this Court.
Cases ......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
..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
.... of Bangladesh is a businessman by profession and has been residing in London for the last 24 years in connection with his business where he owns and runs a restaurant. The petitioner entered into an agreement on 28-2-81 for the purchase of some lands and structures situated at Sylhet which was bein......Vs. Bangladesh and ors……………….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Governme......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. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
.... of the seized articles that were left in jimma with the Manager of the Tea garden. Apart from I the law relating to lease, there were clear and distinct stipulations and conditions in the lease agreement itself under which the Government could resume the Land. In this case not only no notice w......ellip;………………..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 petition......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. ..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)
.... a list of the sealed articles that were left in Jimma with the Manager of the tea garden. Apart from the law relating to lease, there were clear and distinct stipulations and conditions in the lease agreement itself under which the Government could resume the land. In this case not only no notice w......idul Huq 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 Rahma......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
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....rty which would support their case. The statement of the learned Judge that the natural inference is that there was a family partition is not borne out by any evidence.” I am in respectful agreement with the observation as above, which is in complete accord with the view I have taken here......ersing those passed by the learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit property originally belonged to Gour Majhi who had 2 sons namely, Defendant No. 1 and Nagar Mondal. Nagar Modal predeceased his f......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 ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....s father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1000/- by 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 sa......Judge reversing those of the learned Munsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defe......, is assignable, transferable and heritable and thus enforceable under section23(b) of the Specific Relief Act by the transferor or his representative-in-interest, Further, as a mere contract to sell shall not create any interest in any property so also a contract to reconvey would not create t..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
.... just and proper in the facts and circumstances of the case, particularly, as in this case. The High Court Division considered that the trial court has not, in any way, altered the basic terms of the agreement. Only variation was made with regard to the mode of payment. Neither the High Court Divisi......c Relief Act (1 of 1877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regula......pellant accordingly made 25% payment and the draft of the Bank guarantee was submitted for approval by the Corporation. In the meantime the appellant got the scent that the respondents were trying to sell the said vessel to a third party and with this view the respondent of filmay grounds cancelled ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....tributed relief for the public from its office at Nimbasar Press. The Special Tribunal has completely overlooked the corroboration of defence plea by the aforesaid P.Ws. We record our respectful agreement with the decision reported in 26 DLR 183 that mere association with a Committee per se is ......………………………………State Judgment November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate....../-, 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. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....iff on 27.1.1961 for his 1/3 rd share and the same was registered. The defendants 4 and 5 were subsequent purchasers with notice of the contract. The trial Court framed issues namely, whether the agreement is genuine and whether the plaintiff is entitled to any relief. 2. The trial Cou......ury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others....................Respondents Judgment October 28, 1981. Result: The appeal is allowed. Case Referred To- Har......ul Haider Chowdhury J.- This is an appeal by special leave. It arises out of a suit for specific performance of a contract dated 10.12.1959 wherein the defendants entered into a contract to sell certain immovable properties. The contract was signed by the mother for herself and for her ..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 ......adesh (1972); Art. 102 (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of Coram non jud......ous to the statute itself (as for example, a power to make laws for some part of His Majesty's dominions outside of Canada) or otherwise is clearly repugnant to its sense. For whatever belongs to sell-government in Canada, belongs either to the Dominion or to the Provinces, within the limits of ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....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 ...... 1980) 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.......he members of the respondent society who applied for allotment. 15. In their affidavits-in-reply the petitioners of the first group stated that in reality, a large area has been requisitioned to sell those to people in small plots after developing and constructing houses, thereby enabling the E..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
Bengal Water Ways Ltd & Another
....father Shamsuddin Ahmed had a partnership firm for carrying on water transport business. After the death of his father in October, 1960, Rahimuddin Ahmed and other heirs of his father entered into an agreement for forming a private limited company to take over the business of the partnership firm an......private limited company can, if circumstances so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or deadlock in the management are grounds for dissolution of a company on equitable principles. ......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)
....ining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant portion of the agreement of reconveyance runs as follows: “আপনার সহিত আমার এ......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 is clearly Specified a......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
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....inst an order of the High Court making an adinterim injunction absolute. The purchaser in that case invoked the terms of the performance guarantee and demanded encashment. The supplier in terms of an agreement as embodied in the contract referred the dispute to the arbitrator for settlement and ther......desh Agricultural Development Corporation and another………Respondents Judgment June 30, 1981 Result: The Appeal is dismissed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by selle......udgment June 30, 1981 Result: The Appeal is dismissed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaulted in delivering goods within stipulated time. Purchaser called upon the bank ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......e (LVII of 1962), Section 62 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appeal cannot be transferred to the Company Judge. Lawyers Involved: M.H. Khandker, Sr. Advocate, with B.K. Das, A......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....ion that the percentage shall not exceed seven and half per cent. 'Holding' has been defined in clause (21) which is as follows: "Holding" means land held under one title of agreement and surrounded by one set of boundaries: Provided that where two or more ad......er dated 31-5 -79 passed by the High Court Division in Writ Petition No. 135 of 1980.) Judgment Kemaluddin Hossain CJ.—I have had the advantage of going through the judgments proposed to be delivered by my learned brother Badrul Haider Chowdhury, and Shahabuddin Ahmed, JJ. and I conc......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....sition of a government servant is more one of status than of contract. The hall-mark of status is the attachment to a legal relationship of rights and duties imposed by the public law and not by mere agreement of the parties. The emolument of the Government servant and his terms of service are ...... Bangladesh & Others………………................Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 19......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
....nged validity of the order of requisition in the writ jurisdiction of the High Court Division. In the application it was stated inter alia that the Comptroller and Auditor General had entered into an agreement of lease with the appellants and entered the house on the basis of that lease on a monthly......t
November 6, 1980.
Result:
The appeal is allowed.
(Emergency) Requisition of Property Act (XIII of 1948), Section 3
Requisition of property-Section 3 provides the authority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
93329228922695589333922995559548965193461510972192229650954692319654152693319280