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Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....dispossessing the plaintiffs from the suit land and from shifting the cattle market from it's place to any other place, till the disposal of the suit. Defdts. contested the suit by filing written statement contending inter alia that the suit land in question is a regular hat within the meaning s......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

....lleged, withdrew a huge amount of money by cheques signed by him alone and he also appointed a Chartered Accoun­tant unilaterally. Circumstances leading to the filing of this petition are briefly stated below. 6. Respondent No. 1 and his two younger brothers, Petitioner Nos. 1 and 2, along ......er, 1968 for the purpose of doing contract business. Under Article 2 of the Partnership deed the firm is a partnership at-will. Respondent No. 1 is its Managing Partner having over-all control of the affairs of the firm and other partners are to assist him in smooth running of the business. By submi..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)

.... A Magistrate taking cognizance of an offence on complaint shall at once examine the complainant and the witnesses present, if any, upon oath. In a complaint case the Magistrate after considering the statement on oath of the complainant and the witnesses and the result of the investigation or enquir...... 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.         ..

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

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

.... filed on 18-11-77. Thus in the present case 4 days before filing of the application for pre-emption the case land was transferred to the original vendor. 7. In 29 D.L.R. at page 229 it has been stated in clear terms that if the reconveyance takes place before the starting of the proceed­in......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.     ..

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

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....bmitted charges sheet under section 364/302 Penal Code against accused 1 Nizam, 2. Naga Mia 3. Anu Mia, 4. Jahir 5. Manu Mia and 6. Farid Mia on 14-1-80. So far as the petitioner was concerned it was stated that the offence was not proved; against him and as such he was shown in col­umn 2 of the......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.     ..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

.... of the ac­cused petitioner, wheat mixed with bran were being crushed. In the mill premise wheat atta, wheat bran, flour and wheat mixed with bran were found and seized by the Police. It has been stated in the F.I.R. that on the direction of the Minister, the petitioner herein was arrested and p......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

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

....ivision (Civil Appellate Jurisdiction) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J New Dhamai Tea Estate Limited………… Appellant Vs. Arjun Kurmi, being dead his he......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. ..

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

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....idence before the learned Magistrate shows no prima facie case against the present petitioner it was within the bounds of the learned Magistrate to discharge the present Petitioner. 3. It May be stated that the co-accused Ashit Baron Saha lodged and FIR on 25-4-74 with the Rajoir P.S. District-......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.   ..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....any back to Dacca appeared to have been filed before respondent No. 2 by respondent No.1. The company wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, the learned lawyer of the company produced all relevant d......bove conditions respondent No. 4 requested respondent No. 1 by his letter dated 18-2-81 to transfer such Taka shares of the Company to him and his nominees in Satisfaction of his dues Considering the affairs of the company it was resoled on 9-3-81 that respondent No. 1 and Abdur Rashid, respondent N..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....uffer rig­orous imprisonment for five years. They have also been convicted under section 366 of the Penal Code but no separate sentence has been passed against them on that count. 2. Briefly stated, the case for the prosecu­tion is that P.W.4 Mokbul Hossain (63) and his wife P.W.3 Rabey......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)

.... to be an administrator of 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 w...... 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

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

....terest at the rate of 20% per annum on that Sum. The total claim with interest was for Tk. 11, 80,802/-. Defendant Nos. 1 and 2, and defendant No. 3 contested the suit by filing separate written statements. 3. The case of defendant Nos. 1 and 2 is that the suit was not maintainable at the ......now managed and controlled by the BCIC it has no independent personality of its own. In this regard attention has been drawn to depositions of P. Ws. 1 and 2. P.W. 1 has stated that the BCIC runs the affairs of the plaintiff, and he has admitted in cross-examination that the claim has been filed on ..

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)

.....78 while the kabala Ext. A which was sought to be preempted was registered on 17.12.77. 3. The present petitioner who was O.P. No.1 pleaded the case to be barred by limitation and alternatively stated that he had purchased.19 land from the original owner Kalipada by Ext. A(I) which was a docum......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

Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)

.... 7.2.1979 alleging negligence of duty, dishonesty and corruption with regard to the execution of the said work. In the charge-sheet there were as many as 7 charges against the petitioner. It has been stated in the charge-sheet that the allegations were enquired into by the Deputy Director, Rural Dev......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     ..

Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1

Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

.... to do so. On 8-6-1981 the Headmaster shifted the three students who were residing in the hostel to the newly constructed Headmaster's quarter premises to the petitioner as per Annexure-G. It was stated by the petitioner that he had purchased the property in question for constructing a hotel for...... the least, an 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 stude..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....d in: 3 BLD (HCD) (1983) 7.   ......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.   ..

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)

.... Reported in: 34 DLR (HCD) (1982) 161. ......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. ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

...., leave, pension rights and rights relating to the disciplinary matters. Fixing of seniority as such has not been specifically included as a condition of service, Seniority in service means a factual state of affairs meaning actual length of service which cannot be determined by a legal fiction as a......pension rights and rights relating to the disciplinary matters. Fixing of seniority as such has not been specifically included as a condition of service, Seniority in service means a factual state of affairs meaning actual length of service which cannot be determined by a legal fiction as a person&#..

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

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....ecision of the Ap­pellate Division of this Court in the case of Akhtarun Nessa and another Vs. Habibullah & ors. reported in 31 D.L.R. (A.D) 88. Their Lordships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of neces­sary......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)

.... by a decision of the Appellate Division of this Court in the case of Akhtarun Neesa and another Vs. Hobibullah & ors. reported in 31 DLR (AD) 88. Their Lord­ships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of neces­sary party mus......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