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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. ...... 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- ..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. ...... 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. ...... 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- ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
.... custody of the Corporation. P.W. 2, the General Manager of the plaintiff company, has also admitted that the company is controlled, supervised and managed under the Bangladesh Industrial Enterprises Nationalization Order, 1972 (P.O. No. 27 of 1972) by the BCIC and that the company did not file any ......72 (P.O. No. 27 of 1972) by the BCIC and that the company did not file any report with the Registrar of joint Stock Companies. But this witness has asserted that the plaintiff company has got its own Board of Directors though the members of the Board are appointed on the basis of the guide-line give......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..
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
......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
......ling upon respondent No.1 to show cause as why he should not be committed for contempt of Court.
2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, directed the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, aft......ected the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71.
3. Sree Sree Gopaldeu Bigraha, to whom the original owner ..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....t of Bangladesh. This being the principal point urged by the learned Advocate for the petitioners in these rules we are setting out the memo as follows: “(i) The Executive Committee of the National Economic Council has since been pleased to approve of the rural and urban works programme s......f the Local Parishad was the appointing authority and an employee of the council —In the absence of any statutory rule and regulation relating to power of appointment and dismissal of the Zilla Board employees engaged in projects of works programme the dismissal of the petitioners from their s...... observed that the petitioner misappropriated public money. The petitioner denied the allegations in the charge-sheet as baseless and motivated. Mr. M. Mozharul Islam, Additional Deputy Commissioner (Revenue) Barisal being appointed the Inquiry Officer enquired into the allegations in Proceeding Cas......olla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: ..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. ......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. ......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. ......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
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. ......M Afzal J Neerala Tea Estate & another……………………………………Petitioners Vs. Bangladesh Tea Board & ors…………………………&hell......d, the Officers and the concerned Minister found it difficult to implement it because there was no law enabling them to do so. Thereafter, it appears that Mr. Phani Bhushan Majumder, Minister of Lana Revenue passed an order directing the Deputy Commissioner, Sylhet to take over the Tea estate. Mr. C......lip;…..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 petitioners' inalienable right to enjoy the pr..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. ......ction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 19......d, the Officers and the concerned Minister found it difficult to implement it because there was no law enabling them to do so. Thereafter, it appears that Mr. Phanl Bhushan Majumder, Minister of Land Revenue passed an order directing the Deputy Commissioner, Sylhet to take over the Tea Estate. Mr. C...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ..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 ...... 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 ...... 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 ......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ..Category: Administrative Law | Date: 14 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. ......ry Case Procedure, 1977 are not applicable because these rules were not given effect to. We are unable to accept this contention since we have found that by a resolution dated 9-7-79 of the BADC Board it has been decided that procedure 7 of the aforesaid procedure 1977 had been amended and was ...... 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. ......ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....nable doubt that the accused became the Chairman of the Kushtia District Peace Committee. P.W.11 M.A. Quddus was at Kushtia in 1971. He was Senior Accounts Officer of the Sonali Bank, Kushtia (former National Bank of Pakistan). He has proved the Ext. marked 'Y' for identification which is a ...... Criminal Procedure that he was a political personality of some eminence in his district. He was a prominent leader of Awami League from 1952 to 1966. In 1958 he was elected Chairman of Kushtia Zilla Board in 1966 he developed difference's with the Awami League on policy matters and joined the J....../-, 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. ...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
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 ......cheme for acquisition and development of lands and sub-division of the said land into plots for construction of residential houses for those of its members who have no house in the city of Dacca. The Board of Trustees of the Dacca Improvement Trust in its 226th General Meeting held on 23.8.79 gave n......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 ......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......they have run aground the vessel ML. HALDA along with Flat Al-Ajmeer in the river Hizla in the District of Barisal by sheer negligence of duty and with ulterior motive of pilfering the oil carried on Board the Flat Al-Ajmeer. The respondents in their applications before the Labour Court alleged that....... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......t, Dacca & another…….Respondents (In Writ Petition Nos.6-8 of 1980).
Md. Abdullah.............................Petitioner
Vs.
Chairman, Second Labour Court, Dacca and other………Respondents (In Writ Petition No.285 of 1980).
Judgment
A..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....uisite qualification and experience." In pursuance of the aforesaid advertisement the petitioner who obtained the B.Sc. degree from the Dacca University and undergone a prescribed course at National College in H.V.F. Engineering, London and awarded Membership of the Institute of Refrigerat......dent Nos.1 and 2 opposed the Rule and filed an affidavit-in-opposition contending inter alia that as per BADC Recruitment and Procedure Rules, promotions to the next higher post were made by the Board of. Directors of BADC who decided to fill up next higher post by promotion and or direct recru......ule. This Rule is accordingly 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) 97. ......1981. Result: The Rule is discharged. Considering the matter of promotion of employee to the next higher grade- The employer can assess the value of academic qualification of the candidates while considering their promotion from lower grade. Considering all the facts an..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....ion that mandamus has never been issued only for declaring that act of a person is unlawful or for declaring the title of a person to an office has been overruled.
Cases Referred to-
Dacca, National Medical Institute Vs. Prov. of East Pakistan (1958) 10 DLR 343 and District Magistrate, Lah......Institute Vs. Province of East Pakistan (2); District Magistrate, Lahore Vs. Syed Raja Kazin (3); Sardis Roy Vs. Municipal Commissioner of Suri and others, AIR 1956 Cal 456; Management Board Vs. Shaha Golam Nabi and others (27 DLR (AD) 156); Mritun Joy Paul Vs. Province of East P......IR 1956 Cal 456) In the said case the petition was directed against the Collector of Central Excise and Land Customs (W. Zone) Chittagong who had merely carried out the orders of the Central Board of Revenue. The Board was not made a party in the writ petition. The writ was issued against the Collec...... by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....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 ......eneral Meeting of the Company was held in December, 1969 and since then no General Meeting of the Company was called and the Managing Director began to run the Company ignoring the Law, rules and the Board of Directors, for making personal gain out of the business of the Company at the cost of the c......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 ......ormula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by resp..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... Vs. Makhan hall & Co. & others. C.A. 80 of 1978 (Unreported); Uttara Bank Vs. McNeil & Kilburn Ltd. & others 1981 BLD (AD) 230; Howe Richardson Scale Co. Ltd. Vs. Polimex Cakop & National Westminister Bank Ltd. 1978 L.I.L. Rep. 166; Edward Owen Engineering Ltd Vs. Barclay's ...... 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. ...... 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..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ...... of liberation in 1971, is the respondent After the liberation of Bangladesh he was charged with having collaborated with the Pakistan Occupation Army and his case was referred to the First Screening Board constituted under the President's Order No. 67 of 1972. The Screening Board after consider......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
.... the High Court Division dated May 31, 1979 made in its writ jurisdiction, directing the appellant to revise ills assessments of Municipal Tax upon Respondent No 1, the Sonali Bank, formerly the National Bank of Pakistan, In respect of the premises in question for the years 1968- 69 and 1969-70......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 ......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 ......Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....for ensuing accurate and impartial weighment and measurement of goods for export and import no private organisation was allowed to carry on such business. The Government, therefore, limited it to the National Chambers of Commerce which represent both shippers and shipowners. In this regard the Gover......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
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