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Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......one of the Calcutta High Court Tayefa Khatun Choudhurani Vs. Sornadhan K. Sen Rai reported in 53 (1931) Calcutta Law Journal at page 512 and another, of the Appellate Division of the Supreme Court of Bangladesh, Nirode Baran Vs. Devendra Mohan reported in B.C.R. 309 (AD) in support of his contention..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)

....here­fore standing crops and all other produce of land will come within the definition of 'land and water' and thus while declaring persons to be entitled to possession of a land the said declaration in appropriate cases would also include crops standing on the land. Sub-section 8 of sec...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262.         ...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262.         ..

Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1

The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)

....der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95.     ......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95.     ...... under any circumstances. With this warning the contemner is let-off. This Rule is disposed of accordingly. 4. Let a copy of this order be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) ..

Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2

Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......ecial Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: ..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......g other concerns "banking company" and "a bank" was also "included within" the definition of the said words. It is undisputed that before the nationalisation of banks in Bangladesh the National Bank of Pakistan and its branches were included within the definition of the..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

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

....sed in Title Suit No.839/78 on 16-1-79 should not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a declaration to the effect that the suit land where cattle Market sits once in a week is not a hat wi......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. ...... Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh……………………………&h..

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)

....­sion of majority partners, breach of trust, misappropriation, etc. against the Managing partner and thereafter filed Title Suit No. 371 of 1980 in the 3rd Court of Subordinate Judge, Dhaka for a declaration that the firm stood dissolved with effect from 17 October, 1980, in the alternative, for...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ......3 and 65 of 1982 are allowed without any order as to costs. (2) Order of appointment of Receiver by the High Court as affirmed by the High Court Division is set aside. (3) All receipts from Bangladesh Water Development Board and/or its agencies will be credited in the Bank accounts, namely..

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)

....se which includes the F.I.R. or the complaint, the statements of the witnesses recorded by the police or the Magistrate and other papers (the Police report, statements recorded U/s 164 Cr.P.C., dying declaration, inquest report, postmortem report, doctor's report regarding injuries, seizure list...... 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.         ...... 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)

....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.     ......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.     ........(7) Cases Referred to- Upendra Chandra Roy Vs. Jonab Ali, 29 DLR (Dacca) 1977 at page 229; Bandar Ali Halder Vs. Kalu Halder and others; Mohar Ali Mondal Vs. Shahabuddin Mia at page 27, 1 Bangladesh Case Report (1981). Lawyers Involved: Abdul Mannan Khan, Advocate— For th..

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

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

.... in the 2nd Court of Munsif, at Moulvi Bazar, Sylhet against one Arjun Kurmi, predecessor of respondent Nos. 13 and against the erstwhile Province of East Pakistan. The plaintiff-appellant prayed for declaration of title and khas pos­session of agricultural land measuring 10 bighas 7 kathas and ......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. ......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

Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)

....on of Property Act, 1948 on the ground that the suit was instituted beyond time. 2. An award was made on 17-2-1967 and in the award the parties were directed to go to Civil Court for obtaining a declaration as to their respective shares in the property. Instead of filing a suit within time the ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ..

Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ......82.         ..

Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

....ot;2. Colonial Courts of Admiralty. (1) Every Court of law in a British possession, which is for the time being declared in pursuance of this Act to be a Court of Admiralty, or which, if no such declaration is in force in the pos­session, has therein original unlimited civil jurisdiction, s......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. ...... at Chittagong from the Tag Master is the Tag's agent in Singapore; (iv) Acknowledgement receipt duly signed by the plaintiffs upon receipt of the vessel in afloat condition at Chittagong in Bangladesh to be attached along with the documents required for negotiation of the letter of Credit...

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... 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 a prayer for accounting. ...... 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.   ...... that no trust was created by the will or that it was void. Mr. Halder pointed out that the amended section of section I of the Trust Act which runs as follows:- "It extends to the whole of Bangladesh. But nothing herein contained affects the rules of Muhammadan Law as to waqf, or the mutu..

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)

....en impleaded in the suit along with the owners of the ship. 7. It has been conceded by the plaintiff that defendant No.1 is not a proper party in the suit, but as defendant No.2 filed a suit for declaration under section 55(1 )(e) of the Cus­toms Act, 1969 and as he did not disclose the nam...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ...... Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ..

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)

.... impleaded in the suit along with the owners of the ship. 4. It has been conceded by the plaintiff that defendant No. 1 is not a proper party in the suit, but as defendant No. 2 filed a suit for declaration under Section 55(1) (e) of the Customs Act. 1969 and as he did not disclose th...... 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.       ......(1982) 362, 3 BLD (HCD) (1983) 3.       ..

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

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

....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   ......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   ......Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 356   ..

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)

....dge on an application of the defendant under section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the ap­peal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Ther......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.   ......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

Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)

....r dated 16.9.81 passed by the Subordinate Judge, 3rd Court. Chittagong, in other Suit No. 193 of 1981, appointing a receiver. 2. Respondent No. 1 as plaintiff instituted the aforesaid suit for a declaration of his 1/2nd share in the disputed goods mentioned in the schedule of the plaint. P......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     ......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     ..

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     ......ndatory or not could be decided upon the consequence that would follow in the event of not doing the thing by the authority. The petitioners were not Government employees under Rule 5(53) of the Bangladesh Service Rules and their pay were not paid out of the State Treasury— Under the..

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