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Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... Every trust of which the purpose is unlawful is void, And where a trust is created for two purposes, of which one is Lawful and the other unlawful, and the two purposes cannot be separated, the whole trust is void." Section 5 of the Trust Act runs as follows:- "No trus......e estate and administrator of the estate of late Girish Chandra Aich Chowdhury. D. That the decree for rendition of account regarding the Trust property be passed against defendants and the amounts found due be decreed against the defendants. E. That a decree for khas possession of th......tee": the person for whose benefit the confidence is accepted is called the "beneficiary": the subject matter of the trust is called "trust property" or "trust money": the beneficial interest" or "interest" of the beneficiary is his ri..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....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
...... Article IV of the Hague Rules which reads as follows:-
“Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with goods in an amount exceeding £ 100 per package or unit, or the equivalent of that sum in other currency, u......l to hear, examine, try and determine all causes, civil and maritime and all pleas of contracts"
and
"all matters and contracts which in any manner whatsoever relate to freight or money due for ships hired and let out, transport money, maritime usury or bottomry or to extortions,..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......all have to be set aside and the case remanded to the trial Court for apportionment of preemption in favour of the present petitioner and the present O.P. and to obtain a deposit of the proportionate amount of compensation money from the petitioner before granting preemption and rateable preemption ......e and the case remanded to the trial Court for apportionment of preemption in favour of the present petitioner and the present O.P. and to obtain a deposit of the proportionate amount of compensation money from the petitioner before granting preemption and rateable preemption to the parties concerne..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....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 ......s not just and convenient to appoint a Receiver inasmuch as the disputed goods are lying in the Chittagong Port and due to the impugned order the goods could not be released by the appellant and huge amount of damages and interest are being accumulated. He further submits that the plaintiff's cl......nership. 4. The plaintiff stated that having been able to ascertain that the goods mentioned in Schedule of the plaint, had been imported by Defendant No. 1, in his own individual name, with the money and fund of the partnership business, he had to file the aforesaid suit application under Orde..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......eputy Director, Rural Development, Khulna Division, as desired by the Commissioner, Khulna Division and in the said preliminary enquiry it has been observed that the petitioner misappropriated public money. The petitioner denied the allegations in the charge-sheet as baseless and motivated. Mr. M. M..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....n act of extreme high handedness on the part of responsible officials bordering on vandalism. The affidavit filed by the respondent-Government reveals a very unfortunate and sad state of affairs. The whole Government machinery appeared to be completely helpless in the face of four students for whose......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. ......the petitioner as aforesaid. The petitioner thereafter transferred Taka 36,30,000.00 from his account in Sonali Bank, London Branch to Sonali Bank, Dargagate, Sylhet and paid the entire consideration money on 20-4-1981 and on the same day the Government executed and registered a deed of sale in favo..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....ng before the end of 1970 an area of more than 210 acres besides producing seedlings to plant another 50 acres by the middle of 1971 or as soon as the monsoon started. From the end of March, 1971 the whole Bali Chera lying along the Indian border where the Company's garden was located became the......-heeded, We also feel that the Government lawyers arc no less responsible for drafting the affidavits containing statements of facts which 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,......which has been annexed to the petition as Annexure A. 14. It has been further stated in the petition that the petitioner No.2 and his wife late Mrs. Halima Banu had invested large amount of money previously for development of the inaccessible area and they transferred all their rights in t..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)
....ning before the end of 1970 an area of more than 210 acres besides producing seeding to plant another 50 acres by the middle of 1971 or as soon as the monsoon started. From the end of March, 1971 the whole Ball Chera lying along the Indian border where the Company's garden was located became the......have gone unheeded. We also feel that the Government lawyers me no less responsible for drafting the affidavits containing statements of facts which 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,...... of which has been annexed to the petition as Annexure-A. 12. It has been further stated in the petition that the petitioner No. 2 and his wife late Mrs. Halima Banu had invested large amount of money previously for development of the inaccessible area and they transferred all their rights in t..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....so stood in the name of defendant No. 1. It stood there unchallenged and unrectified by the plaintiff although. It is seen from the rent receipts that the defendant No. 1 always paid the rent for the whole property and there is nothing on record to show that the plaintiff ever paid rent for his own ......ithdrew the compensation money without any protest from the plaintiff. If the plaintiff was 8 annas shareholder of the property he would also be 8 annas owner of the compensation money and the entire amount could not be paid to one co-sharer without the authority of another. This clearly shows that ......tion of the partiable land was acquired in L.A. case No.2 of 1966 and it is seen that in that L.A case the compensation was assessed in the name of defendant No. 1 alone who withdrew the compensation money without any protest from the plaintiff. If the plaintiff was 8 annas shareholder of the proper..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......ther by a Conditional Sale a Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......ction 40 of the Transfer of Property Act, when a third person is entitled to the benefit or an obligation arising out of contract and annexed to the ownership of immoveable property but not amounting to an interest therein or easement thereof such a right or obligation may be enforced agai...... a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee and the transferor for reconveyance of the said land on repayment of the consideration money Within the stipulated period. Plaintiffs father Samiruddin Mia died leaving three sons namely ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
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. ...... bidder for the sale of a vessel named "SS BANGLAR MUKTI" and the respondent accepted the offer of the appellant along with the earnest money, The terms of the payment was 25% of the quoted amount to be paid in case, rest 75% by furnishing a Bank guarantee from a scheduled Bank within 21 d......ial facts are a follows: The appellant was the highest bidder for the sale of a vessel named "SS BANGLAR MUKTI" and the respondent accepted the offer of the appellant along with the earnest money, The terms of the payment was 25% of the quoted amount to be paid in case, rest 75% by furnish..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
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 ......Judge doubted the prosecution case regarding the taking away of Tk. 1200/- by accused Emajuddin from P.W. 1 Abdur Rouf and handing over the same to accused Fazir who is said to have run away with the money and also stated in his judgment that the defence story that stated in his judgment that defenc..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....e house to him on payment of the purchase money. 6. Sections 14 and 15 apply to unforeseen contingencies not to foreseen contingencies. They refer to cases where the inability to perform the whole contract was not contemplated by the parties. Next comes section 16 which is in the followin......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. ......hat "the plaintiff was plainly unable to enforce the contract exhibit 1 either in its entirety or in respect of the share of defendant 1 and 3". He, therefore, directed the return of the earnest money with the interest and dismissed the suit. The contract in question is Ext. 1 which read..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
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 ......charge for the purpose of providing and maintaining the common facilities. When the Additional Deputy Commissioner (L.A.) by Memo dated 28.8.78 asked the respondent society to deposit the provisional amount of Tk. 66, 7, 924/88 for the acquisition of the lands in question, the respondent society too......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 ..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
......hen a single act of neglect of work would constitute misconduct.
In the instant case the aforesaid single act of neglect in plying the vessel during the night and in a foggy condition of weather amounted to a misconduct under clause (h) of sub-section (3) of section 17 of the Employme....... 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
..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
Bengal Water Ways Ltd & Another
.... made in filling the statutory report or in holding the statutory meeting; (iii) if the company does not commence its business within a year from its incorporation or suspends its business for a whole year; (iv) if the number of members is reduced in the case of a private company below two......uch it was not fraudulently and surreptitiously replaced as alleged by respondent No. 1, who had knowledge of the same all through; (ii) that the difference of opinion between the directors could not amount to a state of deadlock in the affairs of the company and the deadlock in holding the meeting ......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
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....n Shamsuddin Ahmed, Advocate Vs. Registrar, High Court East Pakistan, reported in 19 D.L.R. (SC) 483 it was held that "Meaning must be given to every word in a statute reading its provision as a whole in a fair and impartial manner in the ordinary and general sense". In A. G. Maline Vs. th......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 ...... the writing of the terms of the agreement and he got the date of reconveyance inserted as 30th Kartick instead of 30th Bhadra 1374 B. S. in collusion with the deed-writer: and that the consideration money was not tendered within the stipulated time. 3. The trial court decreed the suit holding ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....a decision of this case. In taking this view we are not un-mindful of the fact that in the Bank guarantee Ext. 1 the commitment for scheduled delivery was noted. Reading the Bank guarantee Ext.1 as a whole, we are of the opinion that the commitment schedule has been shown in the Bank guarantee only ......l Development Corporation and another………Respondents Judgment June 30, 1981 Result: The Appeal is dismissed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaul...... 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. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
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 ......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 ......lly belonged to one Prohllad Chandra Sen who, sold it by a registered Kabala dated June 9, 1945 to the Sylhet Commercial Bank. There was an Agreement for reconveyance of the land if the consideration money was repaid within a period of five years. This period was extended later on by one year, but t..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
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