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....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
......llip;…………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M/s. M.M. Ispahani Limited, Ispahani Building and two others………....Respondent
Judgment
April 12, 1982
Re......tion of this Court.
Cases Referred To-
New Dacca Industries Ltd. Vs. Quamrul Huda and others 31 DLR(AD) 2341; 981 BLD (AD) 61; Civil Appeal No. 169 of 1979 (Mosharraf Hossain Choudhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. and another) and Civil Appeal No..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....rd 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 Development, Khulna Division, as desired by the Commissioner, Khulna Division......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 ......olla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: ......nquiry was fair and impartial. 5. Mr. Mainul Hosein with Mr. Md. Joynul Abedin, the learned Advocates appeared on behalf of the petitioner and Mr. Kazi Shafiuddin, the learned Assistant Attorney General appeared on behalf of the respondents. Mr. Mainul Hosein, the learned Advocate for the petit..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
.... the respondents by filing an affidavit-in-opposition to which the petitioner has also filed a reply. We have heard Mr. Syed Ishtiaq Ahmed, the learned Counsel for the petitioner and the learned Deputy Attorney General who appeared for all the respondents. 3. Facts leading to this rule, in......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. ......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua...... by filing an affidavit-in-opposition to which the petitioner has also filed a reply. We have heard Mr. Syed Ishtiaq Ahmed, the learned Counsel for the petitioner and the learned Deputy Attorney General who appeared for all the respondents. 3. Facts leading to this rule, in brief, are that..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....erved upon the petitioner. In the affidavit the Secretary also categorically denied the allegations of malafide made against him. We have heard learned counsel for the petitioner and the learned Deputy Attorney General (Writ) for the respondents in the matter, perused the petition, the affidavi......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 ......Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: ......e 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 Aviation, Group Capt. Mazhar Ali was withdrawn from the Department and was placed 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)
.... the file was again put up before him by the joint Secretary. Thereafter the file appears to have traveled to the Minister, Mr. Phony Bhushan Majumder who by his order dated 22-1-75 directed the Deputy Commissioner to resume the land of the Neerala Tea Estate and then the sequence of events set......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. ......lip;…..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 petitioners- It is petitioners' inalienable right to enjoy the pr......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 General had no answer as to how the government could re-enter and take possession without the inter&..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)
....ster the file was again put up before him by the Joint Secretary. Thereafter, the file appears to have traveled to the Minister, Mr. Phanl Bhushan Majumder who by his order dated 22.1.75 directed the Deputy Commissioner to resume the land of Neerala Tea Estate and then the sequence of events set out......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. ...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ......q Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Petition No. 529 of 1980 Judgment Abdur Rahman Chowd..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....nother Vs. Union of India & others, AIR 1969 SC 118; Shahabuddin Vs. Pakistan PLD 1957 Karachi 854. Lawyers Involved: Abdur Rab Chowdhury, Advocate- For the Petitioners Sohrab Ali, Deputy Attorney General, with M.M. Huq, Assistant Attorney General-For respondent 1 ...... 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 ......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ......ment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD (AD) 140; Sta..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....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. ......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. ......ip;………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR......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)
....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. ......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. ......, 1981. Result: The Rule is made absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah & ors., 31 DLR......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)
.... 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 ...... 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 ...... Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the C...... 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
....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
......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
......ltan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and others......................................Respondents
Judgment
......K.M. Arshad Ali Vs. Govt. of Bangladesh in Writ Petition No. 195 of 1981.
Lawyers Involved:
Syed Istiaq Ahmed with Mahmudul Islam—For the Petitioner.
M. M. Hague, Asstt. Attorney General—For the Respondent.
Writ Petition No. 428 of 1981
Judgment
Abdul Wadud ..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....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. ......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. ...... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ......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)
....ique-ul-Huq, Sr. Advocate with, Aminul Huq, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record —For the Appellant. K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, instructed by B. Hossain— For the Respondents. C.A. 9......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. ......-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- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ....... Lawyers Involved: Rafique-ul-Huq, Sr. Advocate with, Aminul Huq, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record —For the Appellant. K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, instructed by B. Hossain— For t..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....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 ......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 ...... into some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ull......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
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....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 ......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 ...... Reported in: 34 DLR (HCD) (1982) 255 ......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)
..../-, 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. ....../-, 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. ...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ......ble doubt that the accused voluntarily participated in the purported bye-election in October, 1971. P.W.7 Serajul Islam, Election Officer of Kushtia in 1971 has deposed that the accused contested the General Election in 1970 as a candidate from the Jamate-Islami Party and, was defeated. His security..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....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. ......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. ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others....................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)
....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 ......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 ......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell......ation (Per K. Hossain, CJ) Case Referred to- Bangladesh Vs. Md. Abdur Rob, (33 DLR (AD) 143); Bangladesh Vs. Jahangir Hossain (1981 BID (AD) 378); Province of Ontario Vs. Attorney-General for the Diminion of Conada, (1912 AC 571); Bangladesh Vs. Jahangir Hossain (1981 BLD (A..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....on 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. 3 without any result. They then moved the responden......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 ......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ...... Syed Ishtiaq Ahmed, with Shah Mohammad Sharif, Mahmudul Islam, Fakhrul Islam, Md. Wahidullah, Farid Ahmed and Nizamul Huq, Advocates—For respondent No. 6. M. M. Hoque, Asstt. Attorney General, for respondent Nos. 2 to 4. Md. Rafiq Mia & others —Petitioners. S..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....0 Dac 1025); M. A. Khaleq Vs. Pakistan (PLD 1957 Dac 437 (447)
Lawyers Involved:
Mainul Has sain, K Z. Alam, Md. Joynul Abedin, Advocates—For the Petitioners.
M. Sohrab Ali, Deputy Attorney General— For the Respondent.
Writ Petition No. 673 of 1980.
Judgment......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
...... by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the......e Improvement Trust (PLD 1970 SC 223); Dr. A.N.M. Mahmood Vs. The Syndicate of Dacca University (PLD 1970 Dacca 85);Province of East Pakistan Vs.Hiralal Agarwala (PLD 1970 SC 399); Attorney General of the Gambia Vs. N'jie ((1961) 2 All E.L.R. 504(511)); Giant Anti-Fascist Refugee ..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
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