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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.         ...... On a Fresh Complaint- As the earlier petition of complaint did not disclose whether the petitioners were the principal offenders, henceforth having been discharged formerly on the same cause of action, the accuseds will still continue on the same bail till the disposal of the case. A seco..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.     ......er proper deposit as required under the law for pre-empting the land sold by kabala, Ext. 1. 3. The pre-emptee contested the proceed­ing stating interalia, that the applicant has no cause of action as the land has already been reconveyed to the original vendor before the filing of the pre-e..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

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.     ......nce regarding the complicity of the ac­cused in the murder of his son. The Sub-Divisional Magistrate forwarded the petition of complaint to the officer incharge, Kotwali P.S. for taking necessary action. The O/C Kotwali informed the Magistrate on 27-9-79 that on the same occurrence Kotwali. P.S...

Category: Criminal Law | Date: 9 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.   ......n a technical ground but on the merits of the case, the Sub-Divisional Magistrate acted illegally and without jurisdiction in reviving the proceed­ings against the petitioner on the same cause of action and in issuing warrant of arrest against him. Mr. A. Hasib cites the case of Abdul Hossain Sa..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 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. ......Tk. 10,00,000/- as compensation, etc. Plaintiff-appellant advised their Bankers to encash the performance guarantee as the defendant No. 2 failed to deliver the ship in afloat condition. The cause of action of the suit arose at Chittagong on 24.8.1981, when the ship in question was to be delivered a..

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

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.   ...... suit barred by limitation? 3. Is the suit hit by principles of waiver, estoppels or acquiescence? 4. Is the suit bad for non-joinder of par­ties? 5. Has the plaintiff any cause of action to file the suit against defendants No.1 & 2? 6. Has the plaintiff any right to sue?..

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.       ......s the suit barred by limitation? 3. Is the suit hit by principles of waiver, estoppels or acquiescence? 4. Is the suit had for non joinder of parties? 5. Has the plaintiff any cause of action to file the suit against defendants No. 1 & 2? 6. Has the plaintiff any right to sue..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7

Albert David (Bangladesh) Limited Vs. Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, 1982, 11 CLC (HCD)

....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   ......r package limitation clause, for the loss, and that the plaintiff was not entitled to any interest. 4. The case of defendant No. 3 Sadharan Bima Corporation is that the plaintiff has no cause of action against this defendant, and no locus standi to sue this defendant inasmuch as the Open Marine..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5

Momtazuddin Ahmed Vs. Abdur Rashid Khan, Sub-divisional Magis¬trate, Sherpur & ors, 1982, 11 CLC (HCD)

....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 ......; to the petition, that the Tahsildar started the case not on his own accord but on the instruction of the contemner. There is specific reference in Annexure 'A' that the Tahsildar was taking action in compliance with the contemner's Memorandum No. 788 (6)/CON V.P. dated 15.3.80. 9...

Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2

Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)

....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110     ......of the Exhibition Committee, when members of the Exhibition Committee urged him to interfere in the matter and secure the release of the petitioner, in view of stay order passed by this Court, but no action was taken by him. 7. It has been stated that as a protest against the illegal arrest of ..

Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3

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   ......r or authority deemed to be an authority designated, or the appointing authority.” Rule 11(1) of the said Rules lays down: “11. Suspension.-(1) A Government servant against whom action is proposed to be taken under clause (b) or clause (c), of rule 3, may be placed under suspen..

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.   ......re not borne out by the mate­rials on record. This amounts to not only misleading the court but also suppression of material facts. We hope, in future, we shell not be compelled to go for drastic action in order to see that such kind of things do not recur. It is not always feasible or practicab..

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. ......ich are not borne out by the materials on record. This amounts to not only misleading the Court but also suppression of material facts. We hope, in future, we shall not be compelled to go for drastic action in order to see that such kinds of things do not recur. It is not always feasible or practica..

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 ...... was holding the field, because of its art, 5 there was no legal bar for conferring some service benefits like promotion, etc. on a Government servant who participated in the liberation war, and such action could not then be challenged by one who was otherwise similarly situated but did not particip..

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 ......ent his age was about 49 years. It is further contended that the petitioner should not have been discriminated and should have been allowed to continue till 57 years. He, therefore, contends that the action under section 9(2) of the Public Servants (Retirement) Act, 1974 (Act XII of 1974) ..

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. ......e­after the Chief Engineer, B.A.D.C. by a letter dated 1-4-78 informed the petitioner that his explanation dated 1-1-78 was not satisfactory and asked him to show cause as to why the disciplinary action would not be taken against him for the aforesaid misappropriation of oil over a period from 1..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

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.     ...... and requesting that he be dismissed from the service of Razakar. A Copy of this petition of complaint was also forwarded to the Chairman, Dist. Peace Committee, Kushtia for information and necessary action. The petition of complaint contains an endorse­ment from the accused appellant in his own..

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   ......nsistent not only with the maintenance of strict discipline demanded from Defence Forces, but also to the constitutional protection given to the laws relating to the disciplined force, and also their action from any challenge in the Court. The first protection is given under Article 45, and the seco..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

..... 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   ...... neglect would constitute a misconduct. In this connection, the learned Advocate for the petitioner has referred to some decisions in support of his contention that a single act of neglect of work or action or mistake of a serious nature which might have resulted in an accident would constitute or a..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....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   ......t demand for justice would be futile, mandamus can issue even though no demand for justice was made prior to filing of the writ petition Writ--Mandamus--Respondent having not denied the impugned action, the objection that mandamus has never been issued only for declaring that act of a person is..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1