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

....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......dmiralty Jurisdiction) Present: M.H. Rahman J Albert David (Bangladesh) Limited……………………………. Appellants Vs. Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M......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   ..

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)

....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250             ......es. Civil Revision No. 76 of 1982. Judgment Amin-Ur-Rahman Khan J. - This Rule was obtained by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below refusing the present petitioner's...... (Civil Revisional Jurisdiction) Present: Amin-Ur-Rahman Khan J Md. Reazul Karim...…………………………..Petitioner Vs. Mst. Shirin Begum………………………&h......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)

....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.   ...... Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………………........r-Rahman Khan J Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………&helli......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)

....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     ......February 17, 1982. Result: The appeal is dismissed. Appointment of Receiver— Appointment of Receiver is one of the harshest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. ......rt High Court Division (Appeal Original Jurisdiction) Present: Chowdhury A. T. M. Masud J Md. Altaf Hossain J Bashir Ahmed.................................Appellant Vs. Abdul Shaheed...............................Respondent Judgment February 17, 1982......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

Momtazuddin Ahmed Vs. Abdur Rashid Khan, Sub-divisional Magis¬trate, Sherpur & ors, 1982, 11 CLC (HCD)

....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 ......ected 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 including the petitioner therefrom and to report compliance by 15 2.71. 3. Sree Sree Gopaldeu Bigraha, to whom the original owner ......Court High Court Division (Special Criminal Jurisdiction) Present: Chowdhury A. T. M. Masud J Md. Altaf Hossain J Momtazuddin Ahmed.......................Petitioner Vs. Abdur Rashid Khan, Sub-divisional Magis­trate, Sherpur & ors....Respondents Ju......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 ..

Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2

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

....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     ...... (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangla­desh and others………..Respondents and Surendra Mohan Shaha........................reme Court High Court Division (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangla­desh and others………..Respondents and ......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)

....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......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: ......J Sultan Hossain Khan J Abdul Quader Molla...................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 ......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)

....igh Court Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua......rt High Court Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents ......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)

....High Court 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. ......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: ......urt High Court 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, 19......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)

....hury J ATM Afzal J Neerala Tea Estate & another……………………………………Petitioners Vs. Bangladesh Tea Board & ors……………………&helli......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......man Chowdhury J ATM Afzal J Neerala Tea Estate & another……………………………………Petitioners Vs. Bangladesh Tea Board & ors…………………&hell......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)

....riginal Jurisdiction) 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 ...... 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 ......Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judg......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)

....sp;J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents Judgment Decemb......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 ......bdul Wadud Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents ...... 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)

....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......;   Abdul Wadud Chowdhury J Sultan Hossain Khan J Shahidur Rahman Molla & others………………………Petitioners Vs. Abdul Halim Molla & others…………………&hell......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. ......, 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...... (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Abdul Wadud Choudhury J Sultan Hossain Khan J Shahidur Rahman Molla & other……………………………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment Decemb......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   ...... 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......16   ...... 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

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....ginal Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Dr. Abu Ahmed Chowdhury…………………Petitioner Vs. Bangladesh represen­ted by the Secretary of the Ministry of Health and Population Control and ot......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 ......ecial Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Dr. Abu Ahmed Chowdhury…………………Petitioner Vs. Bangladesh represen­ted by the Secretary of the Ministry of Health and Population Contr......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 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1

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

....ginal Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Res­pondents Judg......ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Res­pondents Judgment November 18, 1981. Result: ......ecial Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Res­pondents ...... ob­servation this rule is discharged. In view of 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) 54. ..

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

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

....diction) Present: Abdur Rahman Chowdhury J ATM Afzal J Kazi Habibul Awal…………………………Petitioner Vs. Bangladesh Bar Council……………Res­pondent Judgment Nov...... 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. ......nal Jurisdiction) Present: Abdur Rahman Chowdhury J ATM Afzal J Kazi Habibul Awal…………………………Petitioner Vs. Bangladesh Bar Council……………Res­pondent Judgment......­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)

....Munim J Ruhul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants  Vs. Bangladesh Shipping Corporation…………….Respondent  Judgme......-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; ......azle Munim J Ruhul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants  Vs. Bangladesh Shipping Corporation…………….Respondent  J......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

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

....For the Appellant. Mashuque Hossain Ahmed, Advocate— For the State. Criminal Appeal No. 220 of 1973. Judgment Mustafa Kamal J.— This appeal under Article 16(1) of the Bangladesh Collabora­tors (Special Tribunals) Order, 1972, herein­after referred to as P.O. ...... 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— ......ent: Mohammad Habibur Rahman J Mustafa Kamal J Saad Ahmed……………………………………Appellant Vs. The State…………………………&h....../-, 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