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M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....For the respondent No.4. Mahbubey Alam, Advocate instructed by M.S. Zoha Chowdhury, Advocate-on-record-For the respondent No.6. Civil Appeal No.60 of 1982. (From the Judgment and Order dated 19.4.82 passed by the High Court Division in Admiralty Suit No. 5 of 1982). Judgment ......at the rate of 12% per annum upon the price from the date of such default until the cancelling date." 3. The last date for the delivery of the ship was on 24th August, 1982. In reply to the notice of readiness issued by defendant No.4 on 21.8.1981, the plaintiff appellant intimated that in......udgment Fazle Munim CJ. - This appeal arises from the judgment of a Single Judge of the High Court Division passed in Admiralty Suit No 5 of 1981 on April 19, 1982. The appellant and the proforma respondent No. 9 filed the aforesaid admiralty suit against the principal respondents for a de..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....ibers namely Abdur Rashid, M.A. Quasem, Nurul Islam, respondent Nos. 7 to 9, each subscribing 100 shares and Mosharraf Hossain Khan respondent No.1 subscribing one share. In pursuance of an agreement dated 11-3-80 respondent Nos.1, 7 to 9 transferred their shares to petitioner No.1 and her husband M......rred to petitioner No. 2 and her husband. The minutes of an extra ordinary General Meetings, allegedly held on 9-3-81 a return in Form XII showing some Strangers to the company as its Directors and a notice of the shifting of the registered office of the Company back to Dacca appeared to have been f......ot entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a simple one…..(12)
Rectification of share register
Petitioners prayed for rectification of the share register maintained by the respondent No. 1 by declaring the same as ..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....his statement she disclosed how she was kidnapped and raped by the two accused appellants. The further case for the prosecution is that P.W.4 Mokbul Hossain on 4th May, 1979 had made G.D. entry No.83 dated 4-5-79 (Ext. C) at 2-15 P.M. at P.S. Gobindaganj, District Rangpur stating that since the prev......P.W.4 Mokbul Hossain in whose custody she was lawfully entrusted (which comes within the ambit of the explanation of section 361 of the Penal Code) of which the accused appellants had sufficient notice and no prejudice on this ground was caused to the accused appellants, that it has also b......Haque, Additional Sessions Judge, Rangpur in Sessions Trial Case No.411 of 1979 on 16-1-81 under section 376 of the Penal Code and each of them has been sentenced to suffer rigorous imprisonment for five years. They have also been convicted under section 366 of the Penal Code but no separate se..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....Aich had three sons, Mohendra, Nabin and Nikunja. Mohendra was taken in adoption by Ram Kumar who died leaving Mohendra. Girish Chandra Aich bequeathed his entire properties in terms of the Will dated 12-1-1911. In terms of the said Will Mohendra, Nabin and Nikunja would get six annas, five ann......sserted their title to certain portion of schedule A(3) property as described in the plaint. These defendants contended that they were third parties purchasers for valuable consideration without notice of the alleged Will and Probate as such their purchased right cannot be affected in any way. ......of 1966. Judgment Ranadhir 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 alon..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)
....3 is a nationalised concern under the Bangladesh Chemical Industries Corporation in short, the B.C.I.C. It shipped a consignment of 90 drums chloramphenical base and palmitate by Bill of Lading No.75 dated 28-2-79 from Hamburg, West Germany to Chittagong on board SS. AYUTHIA. The Cargo was bought fr...... 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. ......s were short landed. The Chittagong Port Trust accordingly issued a short landing certificate on 10-10-79 to that effect. The plaintiff claimed from defendants 1 and 2 damages of Tk. 5, 82,825/- for the Un-delivered cargo of 25 fibre drums. Defendant No.2, acting for defendants No.1 informed th..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)
.... is a nationalized concern under the Bangladesh Chemical Industries Corporation in short, the B.C.I.C. It shipped a consignment of 90 drums chloramphenicol base and palmitate by Bill of Lading No. 75 dated 28-2-79 from Hamburg, West Germany to Chittagong on board S.S. AYUTHIA. The Cargo was bought f...... 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. ...... drums were short landed. The Chittagong Port Trust accordingly issued a short landing certificate on 10-10-79 to that effect. The plaintiff claimed from defendants 1 and 2 damages of Tk. 5, 82,825/- for the Un-delivered cargo of 25 fiber drums. Defendant No. 2, acting for defendants No. 1 informed ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....emption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby she became a co-sharer in the holding Kalipada Ray sold some other lands o......d rateable preemption under section 96(4) of the State Acquisition and Tenancy Act by making such prayer in the written objection within two months of knowledge of the preemption case as no notice of the said case was served on him. 4. Both the Courts below found that the present O.P.......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 claim for rateable preemption under section 96(4) of the State Acquisition and Tenancy Act. ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ondents. First Miscellaneous Appeal No. 82 of 1973. Judgment Ranadhir Sen J.— This appeal at the instance of the plaintiff opposite party is directed against the order dated 23-12-78 of the learned Subordinate, Judge on an application of the defendant under section 14......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. ......, Judge 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. ..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....ginal Order No. 510 of 1981. Civil Rule No. 1721 (FM) of 1981. Judgment Chowdhury A. T. M. Masud J.— This appeal at the instance of defendant No. 1 is directed against the order dated 16.9.81 passed by the Subordinate Judge, 3rd Court. Chittagong, in other Suit No. 193 of 1981,......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. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would be expedie......hest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would be expedient to issue such notice on ..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....ondents to show cause as to why they should not be committed for contempt of court. 2. It has been stated by the petitioner that under the direction of respondent No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of 1975, was started against the petitioner on the allegation that he gr......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 ......g out of Writ petition No. 916 of 1978. Judgment Chowdhury AT.M. Masud J.— This Rule was issued calling upon the Respondents to show cause as to why they should not be committed for contempt of court. 2. It has been stated by the petitioner that under the direction of resp..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)
.... 1980. Judgment Sultan Hossain Khan J.— These two rules arising out of two writ petitions namely petition Nos. 447 of 1980 and 448 of 1980 are directed against two orders of dismissal dated 29.12.79 passed by the Chairman, Bakerganj Zilla Parishad and these are disposed of by one jud......eport by his order dated 14.12.79 informed the petitioner directing him to show cause why he should not be dismissed from service. Accordingly the petitioner submitted an explanation against the said notice of proposed punishment. Thereafter the respondent No. 1 by his memo dated 29.12.79 informed t...... report 47 days after the completion of the enquiry. The Inquiry Officer recommended the dismissal of the petitioner; the respondent No. 1 on consideration of the report by his order dated 14.12.79 informed the petitioner directing him to show cause why he should not be dismissed from service. Accor..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....tructed Headmaster's quarter. In paragraph 6 the respondent Government have stated that there was strike in the Educational Institutions in Sylhet town for several days but without mentioning any date whatsoever. It was further stated that the local administration took the step of issuing a noti......e was strike in the Educational Institutions in Sylhet town for several days but without mentioning any date whatsoever. It was further stated that the local administration took the step of issuing a notice upon the petitioner to ease the situation. The fact of sanctioning Taka 1,50,000.00 for repai...... Constitution of Bangladesh (1972), Art. 31 As a citizen of the country the petitioner was entitled to due protection of law. When he could legitimately expect due protection from the Government for maintaining his rightful possession, he was instead illegally dispossessed by the Government off..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
.... not below Tk. 2600/- per month are also required to placed before the President for his approval. The Deputy Attorney General in reply, has however, placed before us Memo. No. PS/PSS/V/4/78-853(150) dated November 3, 1978 signed by the Secretary, President's Secretariat (hereinafter called the ......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 ...... its mind and exercised its descretion in favour of one of the two alternatives--The papers on record no where indicate that the authorities applied their mind to the alternative proviso in Rule II before the impugned order was passed. Delegation of power- Whenever there is a question of d..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)
....nt Board under the Prime Minister Secretariat," it appears, was initiated at the instance of and by Mr. Taheruddin Thakur, the then Minister of State for Information and Broadcasting with a note dated 5-12-74 after discussion with the then Prime Minister Mr. Sheikh Mujibur Rahman. On the basis ......ers- It is petitioners' inalienable right to enjoy the protection of the law and to be treated in accordance with law, and in accordance with law as guaranteed under Article 31. No notice as required under the law was ever served upon the petitioners by the government wh......d a few words of my own. 2. We have felt obliged to take notice of certain facts that came to light in course of hearing of this matter and also from the government file that was produced before us by the learned Assistant Attorney General. 3. The petitioners in the Rule has alth..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)
....rd under the Prime Minister's Secretariat" it appears, was initialed at the instance of and by Mr. Taheruddin Thakur, the then Minister of State for Information and Broad casting with a note dated 5.12.74 after discussion with the then Prime Minister Mr. Sheikh Mujlbur Rahman. On the basis ...... have had the advantage of going through the Judgment just delivered by my leaned brother. While concurring with the same, I would like to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Go......e to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that was produced before us by the learned Assistant Attorney General. 2. The petitioner in the Rule have although ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....; M.L. Bhowmik, Advocate-For the respondent No.4. Writ Petition No. 259 of 1980. Judgment S.M. Husain J. - In this Writ Petition the petitioners have challenged a memo No. S3-3/78 dated 14.2.80 issued by the Director General of Bangladesh Post Office causing seniority to one Aran...... 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 ......of a memorandum No. ED/SP-11(M)-9/78-47(500) dated 18th March, 1978 issued by the Secretary Establishment Division of the Cabinet Secretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesa..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... respondents. Appeal from Appellate Decree No. 220 of 1977. Appeal against the decree of Mr. Md. Ibrahim, Special Judge, Court No. 1 and Ex-Officio Additional District Judge of Zilla Dacca dated 23rd day of October, 1976 passed in Title Appeal No. 181 of 1976 affirming the decree of Mr. A......tlement to defendant No. 1 was not bonafide. The Court of appeal below further held that defendant No. 1 was a trespasser so far as right of the plaintiff was concerned and he was not entitled to any notice either under section 9 of the Non-Agricultural Tenancy Act and or under section&nbs......age 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 Court a..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1000/- by a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee and the......riginal transferee of the said land on many occasions with a prayer for reconveyance of the suit land at agreed upon but was refused. Lastly in the month of Agrahayan 1374 B.S. the plaintiff served a notice, by a registered post through his lawyer, upon the defendants demanding the reconveyance on p......que Chowdhury J. — This appeal at the instance of the Plaintiff is against the decision of the learned Subordinate Judge reversing those of the learned Munsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
....ash; This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the Notification No. Per-1/5A-73/80-1151 dated 5th June, 1980 (Annexure-A) issued by the respondent No.2 retiring the petitioner under sectio......It is further contended that there are about 34 doctors who had also crossed the age limit of 25 years but they were still continuing in service but the petitioner has been picked and served with the notice with an evil eye and an unequal hand and this was nothing but a discriminatory act on the par....................Respondents
Judgment
December 2, 1981.
Result:
The Rule is made absolute.
Compulsory Retirement of Government Servant –
No materials were produced before the Court to show that the authority considered the necessity of such retirement and the retire..
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)
....D.C. 2. Facts in short are that while the petitioner was working as Clerk-cum-Store Keeper in B.A.D.C., Bhola Zone-I, Bhola, Barisal, Assistant Engineer of B.A.D.C., Bhola Zone, by a letter dated 23-12-77 issued a charge sheet against the petitioner alleging misappropriation of 9745 gallon......ve and applicable with regard to disciplinary proceeding of the employees of BADC. We, however, on perusal of the enquiry report placed before us by the learned Advocate for the respondents have noticed that time Enquiry Officer after considering the explanation and the materials on r...... under Article 102 of the constitution is not entitled to take a different view or reverse the finding of the enquiry committee on appreciation or review of the materials afresh as placed before the enquiry officer. The petitioner though in his explanation named certain persons to be ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
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