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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. ......plies no change after the nationalisation of banks. The nationalised banks and their offices maintain their character as "a bank" and therefore, even after nationalisation the said Act, has full force and application to all the nationalised banks and their offices, including the Sonali Ban......e purview of the Shops and Establishments Act 1965 (Act No.VII of 1965), hereinafter referred to as the said Act. 2. The prosecution case, in brief, is that the accused-respondent Abdul Awal, Manager, Sonali Bank, Stadium Branch, Dhaka contravened the provisions of the Shops and Establishments ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... petitioners and the other accused persons. He further submits that the earlier order of discharge was passed not on the ground of default of the informant party but on the merits of the case after a full-scale investigation and after application of mind following the perusal of the Memo of evidence......d earlier by Shaukat Raja, in that it contained the same allegations over the same incident and it implicated the same accused persons with the addition of 4 more and it repeated ad verbatim the language of the earlier F.I.R., Towards the end of the petition of complaint it was stated that the accus..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......accused. 8. In the facts and circumstances of the case, as set out in the beginning we have no manner of doubt whatsoever that the ratio decidendi of the case reported in 14 DLR (SC) 96 has full application in the present case. The allegation against the present petitioner Nazrul Islam wer......r. 3. It May be stated that the co-accused Ashit Baron Saha lodged and FIR on 25-4-74 with the Rajoir P.S. District-Faridpur alleging that he appointed the present petitioner Nazrul Islam as his agent to lift the different varieties of cloth allotted to him by the T.C.B. from Chittagong. The pe..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......oduce the alleged bainanama nor did he examine any witness in support of his case. 10. The court of appeal below, concurred in all the findings of the trial court particularly with regard to the age of plaintiff No.2 who was found to be only 15 years old at the time of the execution of Ext. A a..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
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. ......the vessel at the port of Chittagong; (e) That the property in the vessel shall vest in the plaintiffs upon delivery of the vessel to the plaintiff and upon release to the defendant No. 2 of the full amount of the purchase price and the vessel shall thereupon be at the risk of the plaintiffs; ......rtaking for effecting the same as soon as possible. (iii) Notice of Readiness from the Tag Master of Oabale Advice of the arrival of the vessel at Chittagong from the Tag Master is the Tag's agent in Singapore; (iv) Acknowledgement receipt duly signed by the plaintiffs upon receipt of ..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
...... (Taka thirty thousand one hundred) only (being the value of 301 shares) to the Second party. The Third party shall pay further sums to the second party on account of the rescinding of the sale after full auditing of the accounts of the Company.”
3. It is alleged, as petitioner No. 2 and ...... without further reference to the Second Party, be bound to transfer such shares of the Company to the First party and/or his nominees as will satisfy his dues and the Third party shall themselves manage the company on issuing further shares if necessary and on canceling the agreement for Secretary ..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....D.L.R. 237 and Rameshwar Vs. The State of Rajasthan, (1952) S.C.R. (India) 377. In support of his argument that the question of corroboration by independent evidence arises generally in the case of a woman of full age he refers to the following observation made in the decision of the case of Mo......that there is abundant evidence on record that P.W.2 was taken away by the appellants from the custody of her maternal grandfather P.W.4 Mokbul Hossain in whose custody she was lawfully entrusted (which comes within the ambit of the explanation of section 361 of the Penal Code) o......ution is that P.W.4 Mokbul Hossain (63) and his wife P.W.3 Rabeya Khatoon (60) who arc the maternal grand-father and grandmother respectively of the victim girl P.W.2 Ferdousi Begum, live in village Keshabpur, P.S. Gobindagonj, Dist. Rangpur. P.W.2 Ferdousi Begum's father Fazlul Karim died ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him. Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Mohammadan or Buddhist) so that she shall not have power during her marria....... These are all line documents put in evidence on behalf of the contesting defendants. 13. The learned Subordinate Judge on consideration of the materials on record decreed the suit in full. The plaintiffs title to the suit was declared and he was-to get possession by evicting the def......hat after the death of Girish Chandra, plaintiffs father Nikunja and the executor Mohendra transferred bulk of the properties. She asserted that she purchased R.S. plot No.382 of schedule (B) in mortgage execution sale. She has been possessing the same since such purchase on payment of revenue ..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. ...... 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. ......18-6-79 twenty five drums were short landed. The Chittagong Port Trust accordingly issued a short landing certificate on 10-10-79 to that effect. The plaintiff claimed from defendants 1 and 2 damages of Tk. 5, 82,825/- for the Un-delivered cargo of 25 fibre drums. Defendant No.2, acting for def..Category: Admiralty Law or Maritime 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
......n hearing from them, but till 2.12.80 defendant Nos. 1 and 2 did not pay the value of the goods to the plaintiff.
2. The cargo was insured with the Sadharan Bima Corporation (defendant No.3) for full value of Tk.10, 27,502/-. The plaintiff lodged claim on 12.6.80 and sent reminders on 7.7.80 an......s Court.
Cases Referred To-
New Dacca Industries Ltd. Vs. Quamrul Huda and others 31 DLR(AD) 2341; 981 BLD (AD) 61; Civil Appeal No. 169 of 1979 (Mosharraf Hossain Choudhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. and another) and Civil Appeal No 65 of 1980..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
....79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......ad been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he along with his mother, wife and children had been living on the said land, peacefully when Respondent Nos. 1 and 2 taking recourse to Martial Law Regulation started a case against ......f of the petitioner dated 29.4.81, it has been stated that after harassing the petitioner in various ways, ultimately possession was given to him of the disputed property on 24.4.81, but the lone passage/entrance door/outlet/pathway of said land have been blocked by raising 6" high brick wall a..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
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. ......information regarding demonstration was thinking in terms of the cancellation of the sale deed which ultimately, however, did not materialise. It has been further alleged that the Government although fully aware of the sale and delivery of possession to the petitioner with some ulterior motive, sanc......tart his construction work without any further delay and with that end in view he started demolishing the old structures standing on the land. Thereafter, according to the petitioner, some students staged a demonstration against the sale of the hostel premises and succeeded in obtaining the impugned..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 ......ion of officer holding posts, the maximum scale of pay of which is not below Tk. 2600/- per month. For better appreciation of the case, it will be convenient we quote the memo under reference in full which is as follows: CONFIDENTIAL GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH P......able the necessary files and records of the office to the Bureau of Anti-corruption for the purpose of investigation against the former Director General, Group Capt. Mazhar Ali, who being in an advantageous position as an officer on Special Duty in the Ministry of Civil Aviation and Tourism, tried t..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. ......e petitioner No.2 who appeared in person that they have been politically victimised. When the impugned order was passed we had a constitutional Government governing the country under a full fledged Constitution with all the fundamental rights guaranteed under the Constitution in full ......ers. Kazi Shafiuddin, Assistant Attorney General— For the Respondent No.2. Writ Petition No. 529 of 1980. Judgment Abdur Rahman Chowdhury J. —I have had the advantage of going through the judgment just delivered by my learned brother. While concurring with the sa..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)
....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. ......ubmitted by the petitioner No. 2 who appeared in person that they have been politically victimized, When the impugned order was passed we had a constitutional Government governing the country under a full-fledged Constitution with all the fundamental rights guaranteed under the Constitution in full ......rul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Petition No. 529 of 1980 Judgment Abdur Rahman Chowdhury J. - I have had the advantage of going through the Judgment just delivered by my leaned brother. While concurring with the sam..Category: Property Law | Date: 13 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 ......10 of the 4th scheduled to Constitution, the continuity of the service of such person on the same terms and conditions as were applicable to them before the commencement of the Constitution, has been fully protected, clause (b) of sub paragraph (2) of paragraph 10 of the 4th schedule to the Constitu......h. So far as the position of such employees of Government of Bangladesh who were also earlier employees of the erstwhile Government of Pakistan is concerned, such persons did undergo a transitional stage whose position has been amply mentioned in paragraph 10 of the 4th schedule of the Constitution ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
....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
......tended that he completed 25 years of service on 18-4-78 that is, more than two years before the impugned notification. It is further contended that there are about 34 doctors who had also crossed the age limit of 25 years but they were still continuing in service but the petitioner has been picked a..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of 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) 54. ......scribed to faulty flow metre of the oil companies who supplied the oil and to usual shortage and wastage during transit and distribution. The respondents alleged that the petitioner received the full quantity of oil as mentioned in the invoice or the bill issued by the oil companies and that pa......Zone and asked for an explanation. The petitioner submitted an explanation by his letter dated 1-1-78 denying the allegations of misappropriation and inter alia stated that the alleged shortage of oil was caused not due to misappropriation by him but it was the result of the discrepan..Category: Administrative Law, Constitutional Law | Date: 18 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. ......st them and they are bound by the decree. 7. In the result therefore this appeal is allowed. The suit is decreed to the extent of 2/3rd share of both the defendant 1 and 3 on payment of the full purchase money, and the judgment of the Courts below are set aside without any order as to cos...... is Ext. 1 which reads as follows: "Received with thanks a sum of Rs. 2,000/ (Rupees two thousand) only by way of earnest money from Mr. Archana Parasad Nandy s/o Birendra Lal Nandy of village Kanchans P.S. Satkania, Chittagong, at present residing at 21, Alkaran Lane, P.S. Kotwali, Chi..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 ......ourt including the power, subject to Law, to make an Order for the investigation of or punishment for any contempt of itself. 5. A combined reading of the provisions set out above indicates that full judicial powers have been conferred by Bangladesh Constitution on the supreme judiciary as an i......so much as the reinterpretation on the Article already made, but to put the construction so given in its proper context. 3. A reading of the Constitution shows, that Bangladesh Constitution envisages a State, whose fundamental aim is to realise through the democratic process a society, free fro..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
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