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M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....udgment Fazle Munim CJ. - This appeal arises from the judgment of a Single Judge of the High Court Division passed in Admiralty Suit No 5 of 1981 on April 19, 1982. The appellant and the proforma respondent No. 9 filed the aforesaid admiralty suit against the principal respondents for a de......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)
....of 1966. Judgment Ranadhir Sen J. — This appeal at the instance of defendants 16, 18 and 19 is directed against the judgment and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties alon......at a suit against a person in whom the property has become vested in trust for certain specific purposes or his legal representatives or assigns shall not be barred by any length of time. By the amendment the second paragraph was added for the purpose of this section to comprehend" "a......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)
....s 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 defendants No.1 informed th...... 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)
.... 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 fiber drums. Defendant No. 2, acting for defendants No. 1 informed ...... 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
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
...., Judge on an application of the defendant under section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. ......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)
....hest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would be expedient to issue such notice on ......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)
....ndra Mondal and others is against the judgment and decree of the learned Special and Additional District Judge, Dacca, reversing those passed by the learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit propert......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
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....of a memorandum No. ED/SP-11(M)-9/78-47(500) dated 18th March, 1978 issued by the Secretary Establishment Division of the Cabinet Secretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesa......longed to, on 25th March, 1971 with all attendant benefits in terms of promotion and fixation of pay; Rule 4 has been followed by two examples, first example whereof was however modified by way of an amendment made by the Government on 28th April, 1981 which says that freedom fighters appointed in 1...... 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
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
.... Aminul Hoque— For Opposite Party. Civil Revision No. 54 of 1978. Judgment Sultan Hossain Khan J. — This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-empti......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)
....asirul Hoque, Md. Aminul Hoque - For the Opposite Party. Civil Revision No.54 of 1978. Judgment Sultan Hossain Khan J.- This rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-e......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
..................Respondents
Judgment
December 2, 1981.
Result:
The Rule is made absolute.
Compulsory Retirement of Government Servant –
No materials were produced before the Court to show that the authority considered the necessity of such retirement and the retire......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
..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
.... The appeal is allowed. Specific Relief Act (1 of 1877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. A......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)
....dhury J. — This appeal at the instance of the plaintiff is against the decision of the learned Sub-ordinate Judge, Noakhall affirming those of the Munsif, Third Court, Noakhall passed in a suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Of......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
.... it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged 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 questio......-037483, B-212020 and C-183020 issued in favour of Mr. Towhab are lumped together and annexed hereto as Annexure 'X'”.
6. In the course of the hearing, an application was filed for amendment of the cause title as to the description of the petitioner. In the cause title of the appl......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or deadlock in the management are grounds for dissolution of a company on equitable principles. There cannot be any precise definition or......emorandum and Articles of Association of the Company, totally different from the Company's original Memorandum and Articles of Association and replaced the same on the plea of some alteration and amendment therein. Because of this replacement, it was alleged that the Company became non-existent ......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 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
....udge 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 recovery of Tk. 38, 75,000/- against the defendant-appellant. After the institution of the suit ......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
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....nts inimical to the liberation struggle or creation of Bangladesh. Three definite concepts have been introduced in clause (b). It will be absurd that while collaboration will be offensive if it is performed in the exercise of powers or in the discharge, of duties but conduct or activities exhibiting...... of the elements inimical to the liberation struggle or to the creation of Bangladesh including in particular the occupation forces of Pakistan.” 9. It is to be observed that by subsequent amendment the employees of a local authority i.e., the University amongst others were included withi......ights shall he deemed to be transferred," or similar words importing retrospection. I can find nothing in this section to indicate that it is retrospective in its operation, and I think that the plaintiff cannot succeed unless the Act is held to be retrospective." 51. Precisely Presid..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....uddin Ahmed, J, but I am unable to concur and take a different view which is detailed below. 5. Sonali Bank, respondent filed the writ petition challenging the assessment of municipal taxes for the years 1968-69 and 69-70 and prayed for direction on the Dacca Municipal Corporation to compl......hem into conformity with the relevant maximum ceiling prescribed by the Model Tax Schedule. 6. This decision is challenged by special leave, Leave was granted to consider whether the amendment of the definition of the tax and rate with retrospective effect from April 1960 has any re......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 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....T.M. Masud J. — This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No.222 of 1973 dated 1st. September, 1977. 2. Leave was granted for examining the question as to whether the High Court Division correctly interpreted the provision......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 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ra wires the Constitution as the finding that the order under challenge is vitiated by malice in law is sufficient to dispose of the appeal. As regards the constitutionality of the section aforesaid, I like to adhere to the well established self-set rule which says, the Court will not......section 9 will be entitled to leave preparatory to retirement but the government servant compulsorily retired under sub-section. (2) of section 9 shall not be so entitled. With reference to this amendment it has been submitted by the learned Counsel that compulsory retirement being itself ......ter and the extent of judicial control over such exercise. 47. Facts of this case were that the appellants who were the members of a regional committee of the Milk Marketing Board made a complaint to the Minister of Agriculture, Fisheries and Food under Section 19(3)(6) of the Agricultural..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
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