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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. ......une 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0' Connor Vs. P.G. Sampath Kumar, A.I.R. 1953 Md 897; Jagannath Prasad Vs. Smt. Chandrawati, AIR 1970 All, 309 FB. Lawyers......l Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgm......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. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

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.   ......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.   ......tion) Present: Mohammad Habibur Rahman J Mustafa Kamal J Abdul Quddus & Another…………………………Appellant Vs. The State…………………………&h......ming back, accused appellants Abul Hos­sain and Abdul Quddus @ Nausha suddenly caught hold of her in the inner yard and car­ried her away from the said house to the house of acquitted accused Abdus Sattar who called a Kazi through his men. Accused ap­pellant Abul Hossain took a paper fro..

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.   ......tra­tion granted in his favour by the learned Dis­trict Judge. 3. The plaintiffs case briefly stated is hat one Girish Chandra Aich Chowdhury exe­cuted, a will on 12-1-1911. One Rain Kumar was an elder cousin of the testator Girish. Girish Chandra Aich and Ram Kumar were in joint me......adhir Sen J Sultan Hossain Khan J Narendralal Chowdhury & others…………………………………Appellants Vs. Bimal Kanti Chowdhury & others…………………&...... 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.   ..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

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 ......ent S.M. Husain J. - In this Writ Petition the petitioners have challenged a memo No. S3-3/78 dated 14.2.80 issued by the Director General of Bangladesh Post Office causing seniority to one Aran Kumar sarker being the respondent No. 4 herein by virtue of a memorandum No. ED/SP-11(M)-9/78-47(500......bdul Wadud Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents ...... 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 ..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....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 ......ecial Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Dr. Abu Ahmed Chowdhury…………………Petitioner Vs. Bangladesh represen­ted by the Secretary of the Ministry of Health and Population Contr......assing such an order under section 9(2) of Act XII of 1974. In this connection it may be noted that two other professors were also singled out, one Dr. Nurul Islam and the other one Dr. Sk. Abdus Sobhan and these three officers were picked and chosen for retirement without assigning any re..

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1

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   ......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   ...... (Criminal Appellate Jurisdiction) Present: Muhammad Habibur Rahman J Mustafa Kamal J Nabir Md. @ Nabiruddin…………………Appellant Vs. The State....................................Respondent Judgment November 10, 198......he house of deceased matiar Rahian. Acquitted accused Emaj caught hold of P.W. 1 Abdur Rouf and started giving him fists and blows. P.W. 1 Rouf raised alarm. Acquitted accused Serajuddin, Fazuruddin, Abdus Sattar and Azizul Huq appeared and started assaulting him. Accused Emajuddin snatched away the..

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.     ...... In this letter Khelafat Hossain reports that on 6-11-71 a fight took place between 30 of his Razakars and 35 Muktibahini forces between 10 A.M. to 4 P.M. at village Beel Baruichara in police station Kumarkhali in which a Razakar Company Commander named Kutubuddin was killed. Razakars arrested two M......ent: Mohammad Habibur Rahman J Mustafa Kamal J Saad Ahmed……………………………………Appellant Vs. The State…………………………&h......adesh. He was also acquitted of the charge under section 364 of the Penal Code read with Article 11 (a) of the said Order for abducting and attempting or abetting the abduction of the informant P.W.1 Abdus Sattar in order that P.W.1 might be murdered or might be so disposed of as to be put in danger..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

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   ......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   ...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Jamil Huq (Ex-Captain)………………………Appellants  Vs. Bangladesh & Others………………… Respondent ......p;…………Appellants  Vs. Bangladesh & Others………………… Respondent  And Abdul Mittaleb on Behalf of Abdus Satter (Captain)………Appellants  Vs. Bangladesh & Others&hel..

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   ......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   ......sdiction) Present: Amirul Islam Chowdhury J Mustafa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration,......sh, through the Secretary & others...............Respondents Judgment August 19, 1981. Result: The Appeal is allowed Cases Referred To- Province of East Pakistan Vs. Abdus Sobhan Sowdagar, 16 DLR(SC)38; Moosa Haji Vs. Province of East Pakistan 12 D. L. R. (Dacc..

Category: Property Law | Date: 19 Aug, 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   ......akistan, 19 D.L.R. (SC) 483; A. G. Maline Vs. the State, 19 D.L.R. 381; Safiruddin Kazi alias Safiruddia Vs. Moslem Ali Howladar and others 12 D.L.R. 266; Midnapur Zamindari company Ltd. Vs. Jogendra Kumar Bhoumik and ors. I.C. (Vol. 62) 491 Lawyers Involved: Md. Jane Alain—For the A......1982) 49   ......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

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ...... (Criminal Revisional Jurisdiction) Present: Chowdhury A.T. M. Masud J Md. Altaf Hossain J Rokeya Begum…………………Petitioner Vs. Shafiqur Rah­man & state……………opposite parties ...... afore­said articles and Eksir Mia to the house of accused Tofel Ahmed where accused opposite party No. 1 and accused Gyasuddin were waiting. Thereafter, opposite-party No. 1 took Eksir Mia & Abdus Sobhan to the Thana where he record­ed a GD. Entry on some false and imaginary allegations..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ...... Fazle Munim J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Assessing Officer, Narayanganj Range, & Others……………….Appellants  Vs. Burmah Eastern Limited………………………&......dy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise…………. (25) Lawyers Involved: Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, inst..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....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   ......3;Province of East Pakistan Vs. Serajul Huq, 19 DLR (SC) 281; Pannalal Binjraj Vs. Union of India. 1957 SCA660; Joyti Prosad Vs. Union Territory of Delhi, AIR 1962 SC 1602; Regional Manager Vs. Pawan Kumar Dubey, AIR 1976 SC 1966; Shearer Vs. Shield, (1914) A. C. 808; Roshan Lal Vs. Union of India, ...... Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………….................Appellant Vs. Bangladesh & Others………………................Resp......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

Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)

....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ......e Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Bqdrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury & Another……….Appellants Vs. Md. Ali Hossain &......luddin Hossain CJ Fazle Munim J Ruhul Islam J Bqdrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury & Another……….Appellants Vs. Md. Ali Hossain & Others………………..Respondents ......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)

....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ...... Bangladesh ……………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, ......specific provision for converting acquittal into conviction, the Government exercised jurisdiction which was not vested in it and the impugned order of conviction is void. Lawyers Involved: Abdus Sobhan, Additional Attorney-General, with Matiur Rahman, Assistant Attorney-General, instructe..

Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

.... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ......ginal Jurisdiction) Present: Syed Muhammad Hussain J Sultan Hosain Khan J Mrs. Winifred Rubie & others………………… Petitioners Vs. Bangladesh & others……………..Respondents Judgment ......ife of the then Chief Whip of the National Assembly of Bangladesh became the Head Mistress of the School. The president of the school was headed from time to time by a non-official and at present Mr. Abdus Sobhan, an Advocate of the Supreme Court, is the pres­ident of this school. Although after..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)

....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ......Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ......rt Division (Criminal Reference) Present: A.S. Faizul Islam Chowdhury J Abdus salam………………………….Petitioner Vs. Musabbir Ali & others…………opposite parties Judgment ...... This Case is also Reported in: 1 BLD (HCD) (1981)60     ..

Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56       ...... The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kumar Ray and others Vs. Kali Mohan Saha Pramanik and others; 27 CWN 303. Lawyers Involved: ......vision (Civil Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Md. Altaf Hossain J Mosammat Nurunnahar Begum & another ………..Petitioners Vs. Abdul Jabbar Mondal & others …………………&h...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56       ..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)

....he appeal, set aside the order of the High Court Divi­sion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in:   ...... Shaikh Ayez-uddin Vs. Priya Satikar, 6 D.L.R. 595; Shah Wall Vs. Ghulam Din, 19 D.L.R. (S C) 143; Lala Tripati Prokash Nandi Vs. Bireswar Lal Marwari, 55 C.L.J. 114; Gorachand Haider Vs. Prafulla Kumar Roy, 29 CW.N. 948. Lawyers Involved: Abdus Salam Khan, Advocate, instructed by Md...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ah­med J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents......ah Wall Vs. Ghulam Din, 19 D.L.R. (S C) 143; Lala Tripati Prokash Nandi Vs. Bireswar Lal Marwari, 55 C.L.J. 114; Gorachand Haider Vs. Prafulla Kumar Roy, 29 CW.N. 948. Lawyers Involved: Abdus Salam Khan, Advocate, instructed by Md Aftab Hossain, Advocate-on-Record. — For the Appell..

Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221

Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)

....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......orted in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Nemai Kumar ……………….................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, ......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ..

Category: Property Law | Date: 30 Jun, 1980 | Hits: 51