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The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......e is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......ment P.O. No.26 of 1972, establishing the Sonali Bank appears to us to be no different from any such public statutory body. The then Supreme Court of Bangladesh had occasion to consider the true nature and character of what it called "public corporation" and it observed as follows in ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
...... to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......or the payment of which withdrawal of money is sought,
(ii) What will be the manner of certification of bills,
(iii) Whether petitioner No. 1 can be said to have refused to subscribe his signature in a cheque when no cheque along with certificated bills is placed before him and
(iv) w..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ...... Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ...... the Will. (30) The appointment may be expressed or by necessary implication.” When the first executor refused to act, the second executor could legitimately file the petition for probate. The nature of the proceeding in a probate suit may be considered. An executor when applies for a proba..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
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. ......ther accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......gainst him and as such he was shown in column 2 of the charge sheet. 3. After submission of the charge sheet the informant filed 2 petitions before the Sub-Divisional Magistrate, one in the nature of a Naraji petition praying for judicial enquiry and the other for taking cognizance against..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......: 35 DLR (AD) (1983) 157.
......erred from the circumstances and conduct of the parties."
The conduct of parties, where there is a document creating the relationship between them is not the criterion to determine the nature of such relationship.
11. We do not find any justification for disregarding the document..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. 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) 49. ...... This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......ties after hearing them or on its own motion for trial or disposal to any other court subordinate to it and competent to dispose of the same in accordance with law. In a case of transfer of such nature U/S 24 the whole case is transferred and as such the transferee court has session over the en..Category: Civil Law, Procedural Law | Date: 27 Jun, 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. ......: 35 DLR (AD) (1983) 188. ......eral meaning, then unless the cargo is placed on board of the ship, there would not be any "carriage of goods" as contemplated in the Carriage of Goods by Sea Act, 1925. ln view of the nature of the contract which specifically mentioned about the bringing of the TSS "PACIFIC..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....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
......eared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......ent Directors or the Company. Curiously enough after a lapse of one year of the above transfer, a return of allotment was submitted in this office on 1-4-81 by Mr. Mosharraf Hossain Khan under his signature showing allotment of 1000 shares in his name along with those of the transfers who have no lo..
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. ......Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ...... in village Keshabpur. P.S. Gobindaganj, Dist. Rangpur along with her maternal grand-father P.W.4 Mokbul Hossain and maternal grandmother P.W.3 Rabeya Khatoon. She came out to answer the call of nature. While she was coming back, accused appellants Abul Hossain and Abdul Quddus @ Nausha su..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. ...... This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......ich a trust may be created. Section runs as follows:- "A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would defeat the provisions of any law; or (c) is fraudulent, or (d) i..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....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
......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...... has further contended that though the Court of Admiralty Act, 1891 (Act No. XIV of 1891) declared Court Division of the Supreme Court as the Court of Admiralty it did not spell out what would be the nature and extent of power and authority of such Court of Admiralty.
7. The Admiralty jurisdict..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
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 ......osts. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......ks programme centrally i.e. at the Govt. level only to avoid complication and irregularities in respect of appointment and selection as has been noticed earlier. To fill up the posts of non-technical nature, prior clearance of Establishment Division may also be required. (ii) Recruitments to di..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. ......l J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......hostel after this period. Sd/-Khairuzzaman Chowdhury 18-1-82 (Khairuzzaman Chowdhury) Deputy Secretary, Ministry of Education, Govt. of Bangladesh." This was in the nature of a To whom it may concern certificate. We do not know for what purpose this certificate was..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 ......be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ...... may be admissible to him from such date as may be specified in the order.” Rule 6 under Chapter II of the Rules of Business framed by the President lays down; “All cases of the nature specified in Schedule III to these rules shall, before issue of orders thereon, be submitted ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... 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 ......with the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......rvice with the appointment of service as contemplated in Article 133 of the Constitution. 7. Even if it is assumed that conditions of service may be varied or revoked by any law in the nature of any legislative enactment by way any Parliamentary Act of Presidential Ordinance with rega..Category: Administrative Law | Date: 14 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. ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......etion should not be interfered with lightly unless for a compelling reason. In the instant case we have found none. 22. The petitioner has prayed for a direction upon the Bar Council in the nature of a writ of mandamus. It is well-settled that mandamus is a writ of discretion as a gen..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
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. ...... This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......t has power to amend its decree so as to carry out its own meaning (Section 152). For the purpose of interpreting a decree no other document is so directly in point as the judgment or can in the nature of things have comparable force." Manakchand Vs. Monoarlal, (AIR 1944 PC 46). 13. I..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 ......ourt records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ed near the house of deceased Matiar. Rahman, he called him (the deceased). P.W. 1 Abdur Rouf got down from the bullock cart and proceeded towards a bush near the bank of a tank to answer the call of nature. The place was about 6/7 rashis to the north of the house of deceased matiar Rahian. Acquitte..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
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. ......nt for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......e. The accused used to collect the Razakars from house to house and he gave such order. Razakars used to perform duties in villages and catch undesirables or burglars or dacoits. 16. The hearsay nature of the above evidence of P.W.5 elicited in cross-examination by the prosecution is obvio..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. ...... order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......Randolph and the defendant 3 the step-son of defendant 1 signed the contract on his own behalf. This contract contained schedule of land to be sold and recital of payment of Tk. 2.000/- and the signatures of defendant 1 and 3 and the signatures of 4 witnesses. Since the defendants, have not fulf..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
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