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Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)

.... is a nationalized concern under the Bangladesh Chemical Industries Corporation in short, the B.C.I.C. It shipped a consignment of 90 drums chloramphenicol base and palmitate by Bill of Lading No. 75 dated 28-2-79 from Hamburg, West Germany to Chittagong on board S.S. AYUTHIA. The Cargo was bought f...... 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.       ..

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

Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)

....emption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby she became a co-sharer in the holding Kalipada Ray sold some other lands o......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

Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)

....ondents. First Miscellaneous Appeal No. 82 of 1973. Judgment Ranadhir Sen J.— This appeal at the in­stance of the plaintiff opposite party is di­rected against the order dated 23-12-78 of the learned Subordinate, Judge on an application of the defendant under section 14......ds expeditiously. The connected Rule for stay of further pro­ceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37.   ..

Category: Property Law | Date: 2 Mar, 1982 | Hits: 2

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

....ondents to show cause as to why they should not be committed for contempt of court. 2. It has been stated by the petitioner that under the direction of respondent No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of 1975, was started against the petitioner on the allegation that he gr......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     ..

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

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

.... 1980. Judgment Sultan Hossain Khan J.— These two rules arising out of two writ petitions namely petition Nos. 447 of 1980 and 448 of 1980 are directed against two orders of dismissal dated 29.12.79 passed by the Chairman, Bakerganj Zilla Parishad and these are disposed of by one jud......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)

....tructed Headmaster's quarter. In paragraph 6 the respondent Government have stated that there was strike in the Educational Institutions in Sylhet town for several days but without mentioning any date whatsoever. It was further stated that the local administration took the step of issuing a noti......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.         ..

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

Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)

.... not below Tk. 2600/- per month are also required to placed before the President for his approval. The Deputy Attorney General in reply, has however, placed before us Memo. No. PS/PSS/V/4/78-853(150) dated November 3, 1978 signed by the Secretary, President's Secretariat (hereinafter called the ......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   ..

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)

....nt Board under the Prime Minister Secretariat," it appears, was initiated at the instance of and by Mr. Taheruddin Thakur, the then Minister of State for Information and Broadcasting with a note dated 5-12-74 after discussion with the then Prime Minister Mr. Sheikh Mujibur Rahman. On the basis ......t provides that a lease of immovable property determines, inter alia; "111.(g) by forfeiture; that is to say, (1) in case the lessee breaks an express condi­tion which provides that, on breach thereof, the lesser may re-enter; or (2) in case the lessee renounces his character as such b..

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)

....rd under the Prime Minister's Secretariat" it appears, was initialed at the instance of and by Mr. Taheruddin Thakur, the then Minister of State for Information and Broad casting with a note dated 5.12.74 after discussion with the then Prime Minister Mr. Sheikh Mujlbur Rahman. On the basis ......rly Act provides that a lease of immovable property determines, inter alia: *111.(g) by forfeiture; that is to say, (1) in case the lessee breaks an express condition which provides that on breach thereof the lessor may re-enter or (2) in case the lessee renounces his character as such by ..

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

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

....; M.L. Bhowmik, Advocate-For the respondent No.4. Writ Petition No. 259 of 1980. Judgment S.M. Husain J. - In this Writ Petition the petitioners have challenged a memo No. S3-3/78 dated 14.2.80 issued by the Director General of Bangladesh Post Office causing seniority to one Aran...... 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

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

.... respondents. Appeal from Appellate Decree No. 220 of 1977. Appeal against the decree of Mr. Md. Ibrahim, Special Judge, Court No. 1 and Ex-Officio Additional District Judge of Zilla Dacca dated 23rd day of October, 1976 passed in Title Appeal No. 181 of 1976 affirming the decree of Mr. A...... 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   ..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

....land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1000/- by a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee and the...... 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         ..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

....D.C. 2. Facts in short are that while the peti­tioner was working as Clerk-cum-Store Keeper in B.A.D.C., Bhola Zone-I, Bhola, Barisal, Assistant Engineer of B.A.D.C., Bhola Zone, by a letter dated 23-12-77 issued a charge sheet against the petitioner alleging misappropriation of 9745 gallon......he above explanations of the petitioner. He has also submitted that the impugned order of dismissal was passed illegally and without jurisdiction inasmuch as that the enquiry offi­cer committed a breach of procedure under Procedure 9(9) of BADC Disciplinary Proce­dure, 1977 in failing and or..

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

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

.... that the entire consideration money amounting to Tk. 1, 14, 25,000/00 had been accepted by the Corporation form Madina Shipping Company. by way of bank guarantee. The court, however, by Order No. 52 dated 13-5-81 dismissed the review petition on the ground that "when the remedy is available in......he Rule. 8. The principle relating to specific reliefs are contained in the specific Relief Act, 1877. The explanation to Section 12 of the Specific Relief Act reises a presumption that the breach of a contract to transfer movable property can be adequately relieved by compensation unless ..

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

Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)

....r party to prove that it was not so. A plaintiff without proving his case prima facie would not as of right, get a decree in his favor merely because the contesting defendants were absent on the date of hearing …….......(5) Lawyers Involved: K. S. Nabt—For the appe......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255     ..

Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

....sh; This appeal under Article 16(1) of the Bangladesh Collabora­tors (Special Tribunals) Order, 1972, herein­after referred to as P.O. No.8 of 1972, is directed against the judgment and order dated 12-3-73 passed by Mr. R.K. Biswas, Sessions Judge and Member, Special Tribu­nal, Kushtia i....../-, 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)

.... Advocate, B. K. Das, Ad­vocate instructed by S. M. Huq, Advocate on-Record (absent) -For the Respondent No. 1. Civil Appeal No. 32 of-1981 (One ap­peal from the judgment and decree dated 7th August, 1979 passed by the High Court Division in Second Appeal No. 791 of 1965.) J......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

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

.... 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter referred to as the Act, simultaneously with notices under section 5(3) of the Act bearing the same date. They filed written objection to the Additional Deputy Commissioner (L.A.) Dacca, respondent No......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

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

....efraud the complainant-appellants. Facts are that accused Amatun Nessa (acquitted since then) inherited 283/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on consideration of Tk. 2500/- but after 10 days she again sold the same land to......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 ..

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

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....endant's case is that the plaintiff was to pay back the consideration within 30th Bhadra 1374 B. S.; that the plaintiff was entrusted with 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 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   ..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2