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Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)

....8 (e) be­cause in one case the contract stands  automatically discharged and in the other only discharged at the option of the lessee.  As  the Transfer of Property Act  is a special provision regarding leases,  the general provision as enacted in s. 56 of the Contrac....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195.   ..

Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243

Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)

.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47      ......1980 in respect of the suit property in favour of his wife defendant No.2. It was alleged in the plaint that defendant Nos.1 and 2 would remove the idol and after selling the suit property they would leave for India. 2. Defendant Nos.1 and 2 contested the suit jointly challenging the maintainab..

Category: Property Law | Date: 4 Apr, 1983 | Hits: 4

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....l Appeal No. 62 of 1982. (From the judgment and order dated 9-6-81 passed by the High Court Division in Second Appeal No. 5 of 1968.) Judgment Shahabuddin Ahmed J. - In this appeal by special leave, the question is whether the High Court Division acted within its strictly limi­te...... No. 62 of 1982. (From the judgment and order dated 9-6-81 passed by the High Court Division in Second Appeal No. 5 of 1968.) Judgment Shahabuddin Ahmed J. - In this appeal by special leave, the question is whether the High Court Division acted within its strictly limi­ted jurisd..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

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. ......er the lease deed to be executed." 4. Thereafter the Government of Bangladesh filed Civil Petition for Special Leave to Appeal No. 146 of 1982. It was pending for hearing as to wheth­er leave was to be granted. At this stage the Procla­mation of Martial Law dated 24-3-82 came into ..

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

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

....rious provisions of P.O. No.26 of 1972, as amended upto date, and has argued that as the Board of Directors of the Sonali Bank is appointed by the Government as the Board is guided by such general or special order as the Government may give it from time to time, as the officers and employees of the ......Awal. 5. The Shops and Establishments Act, 1965 repealed and with certain amendments re-enacted, the East Bengal Shops and Establishments Act, 1951 for regulating the holidays, payment of wages, leave, hours of work and certain other allied matters concerning the workers employed in shops, comm..

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

Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)

....ent. Civil Appeal No. 64 of 1980. (From the Judgment and decree dated 28.08.79 passed by the High Court Division in F. A No.101 of 1976) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the Judgment and decree of the High Court Division in F. A. No. 10...... Civil Appeal No. 64 of 1980. (From the Judgment and decree dated 28.08.79 passed by the High Court Division in F. A No.101 of 1976) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the Judgment and decree of the High Court Division in F. A. No. 101 of 197..

Category: Property Law | Date: 16 Jan, 1983 | Hits: 103

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

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

....9;s Tea Estate cannot be said to come within the operation of the Sylhet Tenancy Act of 1930. Clause (V) of section 1 of this Act extends the Act to the district of Sylhet except "lands used for special cultivation or for purposes ancillary thereto so long as such use continues". The provi......eals were heard analogously by the High Court Division which dismissed the appeals. 5. Being aggrieved, by the judgment in Second Appeal No 27 of 1966 the appellant moved this Court and obtained leave to con­sider whether the appellant gave a lease of the suit land to the respondents' p..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

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

....tion set under Section 7A of the Emergency Requisition of Property Act cannot be extended under section 14 or under any other provision of the Limitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is not a mat......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

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

....erned, by the Code of Civil Procedure, by virtue of section 117 of the Code, a civil proceed­ing in a High Court is also governed by the provisions of the Code other than the provisions which are specially exempted." 13. Finally, Mr. Rafiqul Huq, in pointing out the difficulty that if ......enacted by the British Parliament, the reason being that an Act of the British Parliament was no longer applicable in this country. 6. Being aggrieved the plaintiff moved this Court and obtained leave to consider whether the Admiralty Court was wrong in rejecting the plaint as, in its opinion, ..

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

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

.... are of the opinion on the basis of the evidence on record that her age on the said date was below 16 years and we find no reason to differ with the view taken by the trial Court in this re­gard, specially in view of the fact that the trial Court also had the opportunity of seeing the girl (P.W.......t since the previous night his grand-daughter Ferdousi Begum who had come to his house on a visit had been missing. P.W.1 Wahedul Islam on receipt of information contacted the Officer-in-charge, took leave and started searching for P.W.2 Ferdousi Begum but could not trace her out. As Officer-in-char..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

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

.... 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.   ......dge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties along with a prayer for accounting. 2. The plaintiff filed the suit as a pauper with leave of the Court under Order 33 Rule 1 of the Code of Civil Procedure. He claimed to be an adminis..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

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   ......ars that the plaintiff company paid for the consignment. Defendant No. 3 did not deny that the premium for the insurance was paid by the plaintiff. The correspondences made between the parties do not leave any doubt the plaintiff has acted all through the transaction. Issue No. 3 is decided in the a..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5

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 ......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     ......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)

....s in D.D.R.D's Office/ADRD's Office, S.D.O's, Office/Zilla Board/Pourashava/Thana Parishad Officer under works programme may kindly be furnished to this Ministry by the 15th July, through special messenger as per proforma enclosed herewith." 6. Mr. Mainul Hosein, has strenuousl......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)

....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.         ......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 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   ......nts (Discipline and Appeal) Rules, 1976 under which the petitioner has been suspended also provided that instead of placing the petitioner under suspension the authority may require him to proceed on leave--The Secretary's note to the authorities contained the only proposal that the petitioner b..

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)

.... located became the scene of terror. Law­less element from within and from Indian ter­ritory invaded the area and all kinds of works were abandoned. The company's garden was the target of special treatment from supporters of the Awami League. They systematically destroyed every structure......bour quarters, staff quarters and office buildings were put up, the bridges repaired and road blocks re­moved. The Company continued the work thus began and invested large sum in these works. The leaves began to be collected thro­ugh-out the period from 1973, 1974 and early 1975 and sold. Th..

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)

....arden was located became the scene of terror. Lawless elements from within and from Indian territory invaded the area and all kinds of works were abandoned. The company's garden was the target of special treatment from supporters of the Awami League. They systematically destroyed every structure...... The labor quarters, staff quarters and office buildings were pal up the bridges repaired and road blocks removed. The Company continued the work thus begun and invested large sum in there works. The leaves began to be collected throughout the period from 1973, 1974 and early 1975 and told. The peti..

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