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New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ......eals were heard analogously by the High Court Division which dismissed the appeals. 5. Being aggrieved, by the judgment in Second Appeal No 27 of 1966 the appellant moved this Court and obtained leave to con­sider whether the appellant gave a lease of the suit land to the respondents' p..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

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. ......enacted by the British Parliament, the reason being that an Act of the British Parliament was no longer applicable in this country. 6. Being aggrieved the plaintiff moved this Court and obtained leave to consider whether the Admiralty Court was wrong in rejecting the plaint as, in its opinion, ..

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.   ......t since the previous night his grand-daughter Ferdousi Begum who had come to his house on a visit had been missing. P.W.1 Wahedul Islam on receipt of information contacted the Officer-in-charge, took leave and started searching for P.W.2 Ferdousi Begum but could not trace her out. As Officer-in-char..

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.   ......dge 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 Civil Procedure. He claimed to be an adminis..

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

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   ......ars that the plaintiff company paid for the consignment. Defendant No. 3 did not deny that the premium for the insurance was paid by the plaintiff. The correspondences made between the parties do not leave any doubt the plaintiff has acted all through the transaction. Issue No. 3 is decided in the a..

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

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   ......nts (Discipline and Appeal) Rules, 1976 under which the petitioner has been suspended also provided that instead of placing the petitioner under suspension the authority may require him to proceed on leave--The Secretary's note to the authorities contained the only proposal that the petitioner b..

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.   ......bour quarters, staff quarters and office buildings were put up, the bridges repaired and road blocks re­moved. The Company continued the work thus began and invested large sum in these works. The leaves began to be collected thro­ugh-out the period from 1973, 1974 and early 1975 and sold. Th..

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. ...... The labor quarters, staff quarters and office buildings were pal up the bridges repaired and road blocks removed. The Company continued the work thus begun and invested large sum in there works. The leaves began to be collected throughout the period from 1973, 1974 and early 1975 and told. The peti..

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 ......ly defined anywhere in the Constitution. It would appear from clause (b) of sub-paragraph (2) of paragraph 10 of the 4th schedule of the constitution that conditions of service includes remuneration, leave, pension rights and rights relating to the disciplinary matters. Fixing of seniority as such h..

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

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....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.       ......puty Attorney General, instructed by B. Hossain— For the Respondents.  C.A. 94 of 1981 from C.R. 732 of 1981 Judgment Badrul Haider Chowdhury, J: This appeal by special leave is directed against the judgment and Order of the High Court Division in Civil Revision No. 73..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

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.   ......rom the judgment and decree dated 7th August, 1979 passed by the High Court Division in Second Appeal No. 791 of 1965.) Judgment Badrul Haider Chowdhury J.- This is an appeal by special leave. It arises out of a suit for specific performance of a  contract dated 10.12.1959 wherei..

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   ......tion of Law was raised by way of Special Leave to Appeal to the Federal Court. By plurality of judgment, the Federal Court came to a common conclusion, mat no appeal lay, and so petitions for special leave were dismissed. Some of the reasons of Chief Justice Rashid may be noted. He held mat the Army..

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   ......e result, all the rules in all the writ petitions are discharged without any order as to costs. 39. It is submitted by Mr. Mohammad Ali, leaned Advocate that he has instruction to prefer special leave to appeal to the Appellate Division against this decision of this court. In this view of the m..

Category: Property Law | Date: 19 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   ...... by the police officers present there. At about 7 P. M. on the same day one person in civil dress came in and without introducing himself informed Towab that the Government has decided that he should leave for Bangkok by the Thai International Airlines flight No. TG-304. The same evening at about 8 ..

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

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......General, instructed by Zinnur Ahmed, Advocate-on-Record—For respondent 5   Cr. A. 5 of 1981 from Cr. A. 48 of 1978 Judgment Shahabuddin Ahmed, J: This appeal by special leave is from an Order of acquittal passed by a Single Judge of the High Court Division on April 12,..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

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     ...... hatred, and it was just and equitable that the company should be wound up. 12. Against the aforesaid decision of the High Court Division the appellants preferred the present appeal and obtained leave. 13. Respondent No. 1 Rahimuddin Ahmed and respondent No. 2 Shilpa Rin Sangstha entered a..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)

....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......Ordinance, 1962 which gives exclusive jurisdiction to the Company Judge in all matters related to or arising, out of an winding-up proceeding. This order has been challenged in this appeal by special leave by the plaintiff of the suit in question taking two grounds, one being that facts of the case ..

Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....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   ......and the learned Vacation Judge, by his order dated 15.10.80 directed the release of three trawlers out of four and the trawler BT-102 was directed to be kept under attachment till the application for leave was disposed of by that Division. The appeal thereafter was taken up for hearing by this Divis..

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)

....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 ......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 ..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....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 ......case exceed 17%. Reliance was placed on the previous judgment of the Dacca High Court in Writ Petition No. 33 of 1969 and Writ Petition Nos 378 end 402 of 1969. The High Court Division noticed that a leave petition was preferred by the Khulna Municipality which, however, was not proceeded with and w..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111