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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. ......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ......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. ......aforesaid admiralty suit against the principal respondents for a decree for an amount of Tk. 71,61,724/- and other consequential reliefs. 2. Facts as stated are that in pursuance of negotiations plaintiffs agreed to purchase the Turbine Steamship TSS 'PACIFIC ABETO' defendant No 1, and ..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. ......ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th...... 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. ......nt and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties along with a prayer for accounting. 2. The plaintiff filed the suit as a pauper with leave of the Court under Order 33 Rule 1 of the Code of Ci..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. ......M/S Brestern Shipping Company Ltd. & others…………………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- ...... 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. ......s— For the Defendants 1 & 2. AR Yusuf & Manzurur Rahim, Advocates— For the Defendant No.3. Admiralty Suit No.15 of 1980. Judgment MH Rahman J.—The plaintiff Albert David (Bangladesh) Limited, a Company incorporated under the Companies Act, 19..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. .................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment April 29, 1982 Result: The Petition against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To- ...... 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. ......hbubey Alam, Advocates-For defendants 1 & 2 A.R. Yusuf & Manzurur Rahim, Advocates-For defendant no. 3 Admiralty Suit No. 15 of 1980 Judgment M.H. Rahman J.- The plaintiff Albert David (Bangladesh) Limited, a Company incorporated under the Companies Act, 1913 is..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
......llip;…………. 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………....Respondent
Judgment
April 12, 1982
Re......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
......M.M. Ispahani Limited, Ispahani Building and two others………....Respondent
Judgment
April 12, 1982
Result:
Issues Nos. 6 and 7 are decided in favor of the plaintiff.
Admiralty jurisdiction of the Supreme Court
Under the Act of 1891(Colonial Cour..
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. ...... Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………………........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. ...... Serajul Huq with Baqi Advocate— For the Respondents. 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 Subordinat..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 ......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 this exceedingly delicate and responsible duty with utmost caution. ......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 ......f 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, appointing a receiver. 2. Respondent No. 1 as plaintiff instituted the aforesaid suit for a declaration of his 1/2nd share in the disputed goods m..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
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 ...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......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 ......t. Kh. Mahbubuddin Ahmed with Fida M. Kamal—For the Respondent. Second Appeal No. 305 of 1978. Judgment Anwarul Hoque Chowdhury J.— This appeal at the instance of the plaintiff Sree Gopal Chandra Mondal and others is against the judgment and decree of the learned Spe..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
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. ......ip;………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR......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. ...... "1 (1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other. (2) Material propositions are those propositions of law or for which a plaintiff must allege in order to show a right to sue or, a defendant must allege in order to consti..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. ......, 1981. Result: The Rule is made absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah & ors., 31 DLR......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. ...... "1. (1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other. (2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constit..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 ...... Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the C...... 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 ......a decree that the mortgagor shall be absolutely debarred of his right to redeem the property, or a decree that the property be sold. In the present case the mortgage was never foreclosed and the plaintiff's right to redemption not debarred. So far as the right to redeem is concerned, a mort..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
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 ...... Vs. Kudrat Ali Miah & ors.........................Death-Respondents Judgment December 7, 1981. Result: The appeal is allowed. Cases Referred To- Tazal Hoque and others Vs. Affan and others, 17 D.L.R. Dacca at page 613; Jalil Ahmed Vs. Raish Mia, 20 D....... 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 ......stance of the Plaintiff is against the decision of the learned Subordinate 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 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....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. ......-It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ......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. ......nt and Order of the High Court Division in Civil Revision No. 732 of 1981. Leave was granted to consider: (1) whether a concluded contract between the parties can be varied to the disadvantage of the plaintiff while decreeing the suit for specific performance of contract; (2) when there is no appeal..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
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 ...... 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 ......, absence of consideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so. A plaintiff without proving his case prima facie would not as of right, get a decree in his favor mere..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
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. ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others....................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. ......dant 1 and 3 and the signatures of 4 witnesses. Since the defendants, have not fulfilled the terms of contract, namely, the execution of the kabala and its registration by 17th January 1961, the plaintiff served a legal notice on 8.1.1961. Defendant 1 was not willing to execute the kabala, the..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 ......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell......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 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
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 ......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 and Dated— The relevant......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 ......al from Appellate Decree No. 355 of 1972 Judgment M.H. Rahman J. — This appeal by the defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered d..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ...... Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents Judgment June 30, 1981 Result: Th...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......n J.- This appeal is directed against the judgment and decree passed by the Subordinate Judge, 5th Court, Dacca on 31.8.72 in Money Suit No. 10 of 1957. The suit arose out of the following facts:-The plaintiff Corporation entered into a contract with defendant No. 2 whereunder the plaintiff agreed t..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 ......is also Reported in: 1 BLD (AD) (1981) 421 ......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 ......62 which gives exclusive jurisdiction to the Company Judge in all matters related to or arising, out of an winding-up proceeding. This order has been challenged in this appeal by special leave by the plaintiff of the suit in question taking two grounds, one being that facts of the case do not attrac..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....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
......;
......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
......hman Chowdhury J.— This appeal arises out of an order passed by the learned Subordinate Judge directing attachment of four Trawlers.
2. Facts, in brief, leading to this appeal are that the plaintiff respondent instituted a money suit in the 3rd court of Subordinate Judge, Chittagong for r..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
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