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Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....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. ......eeding for pre-emption. The learned lower appellate Court set aside that judgment holding that the deed of reconveyance was brought into being only to defeat the claim of pre-emption and in that view refused to apply the law as enunciated in the above ruling. 5. Mr. Abdul Mannan Khan, the ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ge then passed the impugned order dated 13-4-82 the purport of which has already been noticed. It appears that on 16-4-82 an application was filed on behalf of the petitioner, apparently for a review of the order dated 13-4-82. The Additional Sessions Judge upon a hearing of the matter dis..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
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. ......t. 9. The only question now is whether the Criminal proceeding pending before the Special Tribunal under the Special Powers Act is liable to be quashed under section 561A of the Cr. P.C. in view of section 34 of the Special Powers Act which says that no order made, direction issued or proc..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....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.
......sition and Tenancy Act which provides 'nothing in sub-sections (1), (2) and (3) of this section shall apply to any land held for the purpose of cultivation and manufacture of Tea Estate", In view of the exemption provided in the aforesaid provisions, the suit land having fallen within the a..
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. ......ut has not granted the injunction. the court granting injunction would be the only court competent to pass an order under order 39, Rule 2(3) C.P.C. for the breach of the order of injunction. In that view of the matter, we are of the opinion that the transferee court to which the case is transferred..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. ......gency 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 matter of procedure, it involves a subst..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
....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.
......scence. The respondents cannot be estopped from questioning the validity of the award based on an instrument which was no longer in existence when the arbitrator entered on the reference.
16. In view of the above, P.M.A. No.26 of 1981 and F.M.A. No.65 of 1981 are dismissed with costs. The judgm..
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)
.... parties will serve the purpose of a Bill of Lading. 27. Mr. K.A. Bakr, the learned Attorney General appearing for the appellants, seriously contended that the learned Admiralty Judge acted erroneously in entertaining the application under Order VII, rule 11 of the Code of Civil Procedure ......ation filed under rule 11(a). Order 7, C.P.C. the same Court could have returned the plaint for presentation to a Court with proper jurisdiction as mentioned in rule 10 seems to be pointless, in view of the non applicability of the provisions of rule 10, Order 7, C.P.C. to proceedings in an Adm..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....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
......incorrect and fraudulent. According to the petitioners the register of members now lying with the company conaias correct entries. In such a position the relief prayed for does not come within the purview of the provision for rectification……. (15-16)
Cases Referred To-
Bhagat..
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. ......n the charge from whose custody P.W.2 Ferdousi was taken away by the accused appellants, the conviction of the said accused appellant under section 366 or the Penal Code cannot be upheld in view of the decision in the case of Eaar Ali and others Vs. The State, 11 D.L.R. 249 and that the co..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. ......d. According to this defendant, the defendant No.19 has got no possession and interest in schedule B land. The will, if any as alleged by the plaintiff was fraudulently and collusively created with a view to defraud the creditors. The clause restraining the legatees from transferring the properties ..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)
.... 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. ......suit is decreed against defendant No.2, the agents of the charterers, then they will be compelled to satisfy a decree on behalf of persona from whom they will not be able to recover the same. In view of the above I hold that in absence of the owners of the ship M.S. AYUTHIA or the time-chartere..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)
.... 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. ......the suit is decreed against defendant No. 2, the agents of the charterers, then they will be compelled to satisfy a decree on behalf of persona from whom they will not be able to recover the same. In view of the above I hold that in absence of the owners of the ship M.S. AYUTHIA or the time-chartere..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
....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
......gative.
6. Issue, No.1: Is the suit maintainable under the Admiralty jurisdiction of this Court? Mr. Hafizullah, the learned Advocate for defendant Nos. 1 and 2, has vigorously contended that in view of section 3 of the Law Reform Ordinance, 1978 (Ordinance No. XLIX of 1978) which rep..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
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. ......tiff opposite party accordingly contended that the application was liable to be dismissed. 3. The learned Subordinate Judge on consideration of the contentions raised before him and in view of the documents filed, reached a finding that "that suit land or the decreetal land apper..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 ......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. In that view of the matter we are of opinion that though service of notice on the other side before appointi..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
....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
......e contemnor had nothing to do with Sherpur P.S. Case No. 10 dated 16.3.80, but after perusing the papers filed by the petitioner he found it difficult to press his contention and he submitted that in view of the unconditional apology tendered by the contemnor, he may be dealt with leniently. We indi..
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 ......rpur Town, in connection with holding a meeting of the Exhibition Committee, when members of the Exhibition Committee urged him to interfere in the matter and secure the release of the petitioner, in view of stay order passed by this Court, but no action was taken by him. 7. It has been stated ..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)
....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 ......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 strenuously argued that in view of the decision of the Government to appoint all Rural and Urban Works Programme Officers and s..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. ......hotel for which he had obtained necessary permission from the Government. The petitioner accordingly took necessary steps to start his construction work without any further delay and with that end in view he started demolishing the old structures standing on the land. Thereafter, according to the pe..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
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