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Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)

.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96.     ......hury J Anwarul Huq Chowdhury J Muzahar Sikder…………………………………………Petitioner Vs. Fariduddin Ahmed & others…………………&helli...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96.     ...... Huq Chowdhury J Muzahar Sikder…………………………………………Petitioner Vs. Fariduddin Ahmed & others………………………Opposite P..

Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

......(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...... (Civil Revisional Jurisdiction) Present: Latifur Rahman J Ramesh Chandra Barman & others……………………Pe­titioners Vs. Naresh Chandra Barman & others…………………&......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.     ...... its original owner by way of resale before an application for pre-emption is filed, then the whole matter ends there and no right of pre-emption sub­sists. It was further held by Mr. Shahabuddin Ahmed, J in that decision to the following effect: "I am of the view that even if it is ac..

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

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.   ......visional Jurisdiction) Present: Syed Muhammad Husain J Amin-Ur-Rahman Khan J Mohammad Nazrul Islam……………………Petitioner Vs. The State…………………………&h......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.   ......e High Court having superintending jurisdiction over such Courts………………………(7 & 9) Lawyers Involved: KZ Alam with Zamiruddin Ahmed, Ad­vocates — For the Petitioner. Sultan Ahmed, Deputy Attorney General— ..

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)

....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. ...... FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J New Dhamai Tea Estate Limited………… Appellant Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Res......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. ......5 DLR (AD) (1983) 157. ..

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

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....ssed by the learned Subordinate Judge is restored. 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) 49. ...... Chowdhury J Sultan Hossain Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Res­pondents ......ssed by the learned Subordinate Judge is restored. 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) 49. ......; AIR 1962 Cal 519; AIR 1914 Cal. 815; AIR 1968 Punjab (Hariana) page 374. Lawyers Involved: BN Chowdhury, Advocate with Parimal Chandra Guha Advocate— For the Petitioner. Sultan Ahmed, Deputy Attorney General as Amicus Curea. Civil Revision No. 700 of 1977 of 19 from Misce..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

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

....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......ud Chowdhury J MH Rahman J Ebadul Hoque & others………………………………………Appellants Vs. Hajee Rajab Ali Molla & others…………………&......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......LD 1970 (SC) 1; Manager Lever Brothers (Pak) Ltd. Vs. Lever Brothers (Pakistan) Ltd. Sramik Union, 25 DLR 242. Lawyers Involved: Abdul Hamid, Advocate—For the Appellants. Zinnur Ahmed, Advocate—For the Respondent. First Appeal No. 91 of 1973. Judgment MH ..

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)

....82.         ......ate Jurisdiction) Present: Abdul Wadud Chowdhury J M.H. Rahman J Bangladesh House Building Fin­ance Corporation………………Appellant Vs. M/S Moinuddin Akhtaruddin Chowdhury…………………......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.         ......1810; Waverly Jute Mills Co. Ltd Vs. Raymon Co. (India) Private Ltd., AIR 1963 Supreme Court 90. Lawyers Involved: Md. Abdul Aziz, Advocate— For the Appellants. Fakir Shahabuddin Ahmed with Shah Abu Nayeem and Maleka Parvin, Advocates— For the Respondents. First Misce..

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)

.... 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.......l Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgm......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. ......5 DLR (AD) (1983) 188. ..

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

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ...... High Court Division (Civil Original Jurisdiction) Present: M.H. Rahman  J United Planters and Traders Limited and Another…………Petitioners Vs. Md. Mosharraf Hossain Knan & Others………………&hel......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ......e made by a petition. In the present case it is not necessary to examine the procedural distinction between an application and a petition. 11. I am in respectful agreement with the views of Amin Ahmed CJ in Re: Messrs Anath Bandhu Guha and sons Ltd. reported in 7 PLR (Dacca Series) 159 that the..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

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

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......tion) Present: Mohammad Habibur Rahman J Mustafa Kamal J Abdul Quddus & Another…………………………Appellant Vs. The State…………………………&h......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......Surendra Nath Des Vs. Emperor 38 CWN 52; The King Vs. Baskerville, (1916) 2 KB 658; Shah Alam and others Vs. The Crown 10 DLR 237; Rameshwar Vs. The State of Rajasthan, (1952) SCR (India) 377; Momtaz Ahmed Khan Vs. The State 19 DLR (SC) 259 (265).   Lawyers Involved: Md. Fazlul Karim,..

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

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

.... 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......adhir Sen J Sultan Hossain Khan J Narendralal Chowdhury & others…………………………………Appellants Vs. Bimal Kanti Chowdhury & others…………………&...... 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.   ...... 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)

.... Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ......: M.H. Rahman J Albert David (Bangladesh) Ltd…………………………………………..Plaintiff Vs. M/S Brestern Shipping Company Ltd. & others……………&hel...... 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.   ...... 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.   ..

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)

....(1982) 362, 3 BLD (HCD) (1983) 3.       ......t High Court Division (Admiralty Jurisdiction) Present: M.H. Rahman J Albert David (Bangladesh) Ltd.…………..…..................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment ...... 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.       ...... 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.       ..

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)

....Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 356   ......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   ......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             ...... (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             ......;……………………Respondent Judgment March 7, 1982. Result: The Rule is made absolute. Lawyers Involved: Mian Aftabuddin Ahmed—For the Petitioner Md. Anser Ali with Basiruddin Miah—For the Opposite parti..

Category: Property Law, Tenancy Law | Date: 7 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     ......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     ......CD) (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 ......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 ......rted in: 34 DLR (HCD) (1982) 113 ..

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

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......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     ......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......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.         ...... guaranteed to every citizen under the Constitution, otherwise the confidence and trust of the people in the Government machinery may be seriously undermined. Lawyers Involved: Syed Ishtlaq Ahmed with Mahmudul Islam —For the Petitioner. Sohrab Ali, D.A.G. with MM. Huq, A A.G. Fo..

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. ......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   ......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