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M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
.... Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0' Connor Vs. P.G. Sampath Kumar, A.I.R. 1953 Md 897; Jagannath Prasad Vs. Smt. Chandrawati, AIR 1970 All, 309 FB. Lawyers Involved: K.A. Bakr, Senior Advocate, M.H. Khond......ntract, the security deposit of 10% shall be forfeited to the defendant No.2 who shall be at liberty to recall the vessel. In such event all loss and damage arising from such default shall be recoverable from the plaintiffs "together with interest @ 2% per annum and if there is default by ......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. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....le Wahedul Islam in Dinajpur town. Accused appellant Abul Hossain is the husband of the sister of accused appellant Abdul Quddus @ Nausha. Accused appellant Abdul Quddus used to live in village Chandpara, P.S. Gobindaganj, District Rangpur. The house of accused appellant Abdul Hossain is in vil......examination of various parts of her body he was of the opinion that the girl was aged about 17 years. The genuineness of this certificate by the Deputy Civil Surgeon, Bogra is very much in doubt. Moreover a doctor of the rank of a Deputy Civil Surgeon of the Government would not normally examine an ......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. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... the disputed properties appointed under the letter of administration granted in his favour by the learned District Judge. 3. The plaintiffs case briefly stated is hat one Girish Chandra Aich Chowdhury executed, a will on 12-1-1911. One Rain Kumar was an elder cousin of the ....... 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 along with ...... 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. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....t was executed on 21.11.75. This means that the present petitioner got his right in the lands of Ext. A (I) on 21.11.75. In other words, be became a co-sharer in the holding on 21.11.75. On the other hand it is also a settle law that a cause and right of preemption accrues only after a kabala which ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....contract by 1982-83. The Company, however, it is said, met with obstruction in their effort to restart work from various Government agencies and refusal by the Sub-divisional Officer, Moulvi Bazar to hand over the tractor and other seized articles. The Forest Department also demanded a certific......ellip;…………………………..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 ......e petitioners failed to bring 30% of the land under tea plantation within the scheduled period as per terms and conditions of the lease deed and they abandoned the tea garden without proper management. It is evident, therefore, that the Government failed to act in terms of the lease d..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)
....ary contract by 1982.83. The company, however, it is said, met with obstruction in their effort to restart work from various Government agencies and refusal by Sub-divisional Officer, Moulvi Bazar to hand over the tractor and other seized articles. The Forest Department also demanded a certificate f......ncurring with the same, I would like to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that was produced before us by the learned Assistant Attorney General. 2. The pe......that the petitioners failed to bring 40% of the land under tea plantation within the scheduled period as per terms and conditions of the lease deed and as they abandoned the tea garden without proper management the tea garden as per order of the Ministry of Land Administration and Land Reforms, Dacc..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
.... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......e considered by the Court to have special means of knowledge as members of the family or otherwise, to testify to the relationship of the plaintiff with Gour Majhi. Those statements found on various Government records as to distribution and devolution of the family property and as to ownership, was ......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 ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....actment has been explained in a decision of the Special Bench of the East Pakistan High Court Known as the 'Pan Case' reported in PLD 1965 Dacca 165 in the case of Haji Ghulam Zamin Vs. A.B. Khandkar wherein it has been held that any law regulatory in nature involves inherent limitation and ...... Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents Judgmen...... 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)
....lish renderings are ours) The preemptor petitioners, it appears, did not adduce any evidence in support of their averments that they owned 15/16 bighas of land. The opposite parties on the other hand also did not lead any evidence that the pre-emptor-petitioners owned-more than 15/16 bighas of ......ontended that the objection as to omission of a necessary party must be taken at the earliest opportunity and if no such objection is taken, it may be deemed that the defect had been waked. This controversy as to non-joinder off co-sharer or a contiguous tenant has been set at rest by a decisio......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. ..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....sh renderings are ours) 6. The pre-emptor petitioners, it appears, did not adduce any evidence in support of their averment that they owned 15/16 bighas of land. The opposite parties, on the other hand, also did not lead any evidence that the pre emptor-petitioners owned more then 15/16 bighas of......ntended that the objection as to omission of a necessary party must be taken at the earliest opportunity and if no such objection is taken, it may be deemed that the defect had been waived. This controversy as to non-joinder of co sharer or a contiguous tenant has been set at rest by a decision of......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. ..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....n of the mortgaged property, defendant No. 1, who was on the basis of transaction not found to be a bonafide one, could no longer resist him….. (15) Cases Referred to- Rajendra Nath Chandra Vs. Dinu Pradhan AIR 1930 Gal. 738; Harihar Prasad Singh Vs. Deonarayan 1956 SC A. 316 ; Bina......the mortgage was never foreclosed and the plaintiff's right to redemption not debarred. So far as the right to redeem is concerned, a mortgage by a, conditional sale like other mortgages will be governed by provisions of the Transfer of Property Act…….. (14) It is clear that t......tgage did not prevent the mortgagee from settling any tenant in the mortgaged land, and that under section 76 of the Transfer of Property Act the land was settled in usual course of prudent management of the property. In this case it was observed “It may be accepted as a general..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
....about 34 doctors who had also crossed the age limit of 25 years but they were still continuing in service but the petitioner has been picked and served with the notice with an evil eye and an unequal hand and this was nothing but a discriminatory act on the part of the Government. At the time of pas......lth and Population Control and others......................................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 authori......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
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... of impartial enquiry certain officers should be examined. This request was made in the explanation given to the enquiry officer. Mr. Hasib, the learned Advocate for the respondents on the other hand has submitted that procedures 9(9) and 9(12) of BADC Disciplinary Case Procedure, 1977 are......etitioner 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 1974-77. The petitioner again submitted his explanation to the Chief Engineer, B....... 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. ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ed Serajuddin, Fazuruddin, Abdus Sattar and Azizul Huq appeared and started assaulting him. Accused Emajuddin snatched away the Mathir (a bag made of cloth) containing Tk. 1200/- from P.W. 1 Rouf and handed over the same to accused Fazir who ran away. His cousins P.W. 4 Mukhlesur Rahman and deceased......juddin, Fazuruddin, Abdus Sattar and Azizul Huq appeared and started assaulting him. Accused Emajuddin snatched away the Mathir (a bag made of cloth) containing Tk. 1200/- from P.W. 1 Rouf and handed over the same to accused Fazir who ran away. His cousins P.W. 4 Mukhlesur Rahman and deceased Matiar......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 ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... of the case P.W.13 seized some papers from the office of District Adjutant of Ansars on 16-8-72. Neither P.W.13 nor P.W.15 throws any light on this aspect of the case not do they say that inspite of handing over of the investigation of the case to P.W.15 on 29-7-72, P.W.13 was authorised to seize s......Hotel which was then the Office of the District Peace Committee and produced before the accused. The accused told P.W.1 that he was helping the Bangladesh movement and was opposing the Pakistan Government. He directed the two Biharis to take P.W.1 to Pak Military at the police line where P.W.1 ....../-, 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. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
.... Miss Chilia Randolph and others....................Respondents Judgment October 28, 1981. Result: The appeal is allowed. Case Referred To- Harendra Chandra Das Vs. Nanda Lal Roy, 36 C.W.N. 1002. Lawyers Involved: Syed Ishtiaq Ahmed, Sen......enuine but dismissed the suit on the ground that the contract is unenforceable because the defendant 2 was a minor. It was not, proved that the defendant 1, the mother, was a legal guardian. Moreover, the view was taken that the contract is a single and indivisible contract. The suit was, th......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. ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....949) 1 All E. R. 373; Ex Rel. French Vs. Weeks, 259 US 326; Burns Vs. Wilson, 344 Us 137; Bangladesh Vs. Md. Abdur Rab, 33 DLR (AD) 143; Bangladesh Vs. A. K. M. Zahangir Hossain, 1981 BLD (AD) 378; Khandker Ehteskamuddin Ahmed Iqbal Vs. State, 1981 BLD (AD) 107; Attorney General for the Province o...... give different interpretation of a provision, and means, therefore, have to be provided, for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of the Government's action is to be judged, and it is the function of the Court, which, is endowed with ......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 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....ion and allotment of the plots to their shareholders when they received the notice of requisition which covered their purchased land. The requiring body, the petitioner alleges, has been floated by a handful of high Government officials and businessman, who had ho earlier experience or performance t......e Dacca city. They purchased two acres of land in two C.S. Plots, and went ahead with sub-division and allotment of the plots to their shareholders when they received the notice of requisition which covered their purchased land. The requiring body, the petitioner alleges, has been floated by a handf......above 16 years of age engaged and interested in angling and development of pisciculture and in bona fide need of housing accommodation for residence "having faith in the collective ownership and management of the property of the Society" shall be eligible to be a member of the society. ..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
......s single act of neglect would not amount to a misconduct under Employment of Labour (Standing Orders) Act. In terms of the conditions of the survey certificate issued by the Marine Department of the Government these vessels were not to ply at night but in violation of the conditions of certificates ....... 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
....ct of refusing Towab to re-enter into Bangladesh.
25. The learned Deputy Attorney General contends that he who seeks remedy under article 102 of the Constitution must come with a clean hand. In the instant case he contends that false statement have been made in the petition suppressin......in Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home......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
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