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Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....& others………………………………..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and...... 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) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
.... separate written statements. Defendant No.2 denied to have acted as agent of defendant No.1. Its contention is that the suit is barred by limitation and is bed for non-joinder of necessary parties. It has been further asserted that defendant No.2 did not extend the period of lim...... 86,998/25 and sent it on 18-1-80. Defendants Nos.1 and 2 avoided payment in spite of several reminders and intimate4 on 7th April, 1980 that the claim was referred to the owners of the ship for investigation. By their letters dated 18-6-80 and 22-10-80 they repudiated their liability on the gr..Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7
Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)
....y filing separate written statements. Defendant No. 2 denied to have acted as agent of defendant No. 1. Its contention is that the suit is barred by limitation and is bed for non-joinder of necessary parties. It has been further asserted that defendant No. 2 did not extend the period of limitation n......aka 86,998/25 and sent it on 18-1-80. Defendants Nos. 1 and 2 avoided payment in spite of several reminders and intimate 4 on 7th April, 1980 that the claim was referred to the owners of the ship for investigation. By their letters dated 18-6-80 and 22-10-80 they repudiated their liability on the gr..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
....ling separate written statements.
3. The case of defendant Nos. 1 and 2 is that the suit was not maintainable at the instance of the plaintiff and it is bad for misjoinder and non-joinder of the parties; and also barred br limitation. Their further case is that there was no disclosure of the ac......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
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Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....th Baqi Advocate— For the Respondents. 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 appl......6. Mr. Serajul Huq, the learned Advocate appearing in support of the judgment of the learned Subordinate Judge has streneously argued that the learned Subordinate Judge was within his jurisdiction to investigation into the identity of the decretal land with reference to the plaintiffs case. Accordin..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
....s why he should not be committed for contempt of Court.
2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, directed the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants in......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
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Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
.... of protecting the lawful rights and possession of the petitioner threw him out of possession of his legally acquired property. It was, to say the least, an act of extreme high handedness on the part of responsible official bordering on vandalism. Government officials would do well to reme......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)
....ut of an application under Article 102 of the constitution of Bangladesh is directed against an order suspending the petitioner who is the Director of Administration in the Civil Aviation Department of the Government of Bangladesh. 2. Facts leading to this rule, in brief, are that the......n in the Department of Civil Aviation with effect from 27.8.80. After joining there he found serious financial and other irregularities in the Department which were also supported by audit report and investigations by the Bureau of Anti-corruption. As a result, the former Director General of Civil A..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)
....nce with law as guaranteed under Article 31. No notice as required under the law was ever served upon the petitioners by the government which is a violation of the rule of audi alteram partem. The petitioners were in possession of the garden in 1975 and the learned Assistant Attorney ......dly taken over. It is alleged that in the then prevailing condition of the country none could dare to resist or take any step to protect the rights of the Company. It has been further alleged that on investigation made it was revealed that some influential persons in the administration of the A..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)
....y lawful authority whereat the Government tried to make out a case in their affidavit in opposition that the land was resumed in terms of the lease for the failure of the petitioners to fulfill their part of the obligation as a lessee. It is not necessary for me to go into the details of the facts a......dly taken over. It is alleged that in the then prevailing condition of the country none could dare to resist or take any step to protect the rights of the company. It has been further alleged that on investigation made it was revealed that some influential persons in the administration of the Awami ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
.... Mondal and others is against the judgment and decree of the learned Special and Additional District Judge, Dacca, reversing those passed by the learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit property or......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)
.... 18th March, 1978 issued by the Secretary Establishment Division of the Cabinet Secretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesaid memos have been marked as Annexure 'B' ...... 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)
....ingle Benches of this Court. 2. The petitioners as pre-emptors filed an application U/S 96 of the Act to pre-empt the transfer. The said application was contested by the pre-emptee opposite parties on the sole ground that the application was barred by limitation. The learned Munsif on hear......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)
....Wadud Choudhury J Sultan Hossain Khan J Shahidur Rahman Molla & other……………………………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred......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
....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 passing of the said notice of retirement his age was about 49......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
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Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
.... of the essential functions of the Bar Council under Article 10 is to promote Legal education and to lay down the standard of such education in consultation with the Universities of Bangladesh imparting such education. We do not know whether the Committee has been able to evolve or put some thi......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
.... down a mode of payment different from that provided in contract, while judgment assigned no reason therefore--It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- ......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. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....e prosecution in brief is as follows: P.W.1 Abdur Rouf who lived in village Dikchai, P.S. Bochaganj, District Dinajpur used to deal in rice and paddy. Deceased Matiar Rahman was his cousin as well as partner. On 31-8- 69 corresponding to 14th Bhadra, 1376 B.S. at about 10 A.M. he was going to krishn......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)
....mprisonment for 6 months more under Article 11(d) of the said Order. The accused appellant was further convicted under Article 2(b) (v) read with Part IV (b) of the Schedule to the said order for his participation in October, 1971 in the purported by election as a candidate from NE-40 Kushtia-II con....... 24. P.W.12 M. A. Gani was Officer-in-Charge, Kushtia police station on 15-7-72. He received the first information report from P.W.1 and endored the case to P.W.13 Sub-Inspector Serajul Huq for investigation. P.W.13 investigated into the case from 15-7-72 to 29-7-72. P.W.14 Abut Basher Azad is..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....ble and enforced by specific performance for contract. Here the purchaser has sought specific performance. The property in question is .153 acre of land with structures, etc. On the other hand, the parties themselves treated it as a divisible contract and the kabala dated 27.1.61 proves the poi......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
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