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M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....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. ......r Bankers to encash the performance guarantee as the defendant No. 2 failed to deliver the ship in afloat condition. The cause of action of the suit arose at Chittagong on 24.8.1981, when the ship in question was to be delivered at the port. Defendant-respondents were responsible for all the co......owage of 'TSS PACIFIC ABETO' from Singapore to Chittagong did not involve its carriage in a ship. Naturally he submitted, the bill of lading need not be considered by the Admiralty Court. The facts of the case show the necessity of determining the liability of each party to the contract for ..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
...... has challenged the subsequent tripartite agreement dated 21st April, 1980 as a forged document.
On behalf of the respondents it has been seriously contended that the matter involves complicated questions of facts and the matter cannot be disposed of in a summary jurisdiction under section ......tice of the shifting of the registered office of the Company back to Dacca appeared to have been filed before respondent No. 2 by respondent No.1. The company wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, ..
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. ......e. He refers to the decisions in the cases of Shah Alam and others Vs. The Crown 10 D.L.R. 237 and Rameshwar Vs. The State of Rajasthan, (1952) S.C.R. (India) 377. In support of his argument that the question of corroboration by independent evidence arises generally in the case of a woman of full ag......cted by deceitful means or by force or if she was ravished against her will and without her consent, she is not on accomplice. In such circumstances she is a victim of an outrage. On the basis of the facts of each case the trial Court has to come to a finding whether it is safe to act upon the testi..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. ......hing the aforesaid conclusion the learned Subordinate Judge found nothing wrong with issue No.3, 4 and 10 and accordingly answered the same in favour of the plaintiff. While considering the question as to the bona fides of the Will executed by Girish Chandra, the learned Subordinate Judge ......ransfer of Property Act has no part to play. The decision in the case of Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others reported in 13 D.L.R. (S.C) 111 is distinguishable in facts and principles. It arose out of a reference. It rather assisted the plaintiff's case to th..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....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
...... these reported decisions relate to matters relating to the service of the employees of nationalized companies and they arose from the proceedings under Article 102 of the Constitution. The question whether a nationalized company can sue on its own without impleading the Corporation did no......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 ......ter. This being so the present petitioner undoubtedly became a co-sharer in the holding two years before. So it is immaterial that the two kabalas was executed and registered on the same date and the question as to the time of execution and registration of the kabalas are equally immaterials. Thus i......ant by her written statement discarded a document being fraudulent she could not be allowed to take any plea in her favour by reference to such document. This decision can not be said to apply to the facts of the present case which is quite different. In this case the present petitioner being O.P. N..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
.... 8. We have perused the plaint. The schedule mentioned in the plaint makes no reference to holding No.93. There is also no reference in the body of the plaint that holding No.91/1 is identical with holding No.93. Therefore, there is no scope to adjudicate upon the question of i......defined. It relates to restitution in respect of a decree or property covered by the decree. It does not contemplate any investigation as to the extent of decretal land or its identity as is the question in the instant application under section 144(1) C.P.C. and the apparent restriction is clar...... within the scope of section 144 C.P.C. Thereafter, it is evident that section 144 C.P.C. has a limited application for the purpose specifically mentioned therein. In the back ground of the facts disclosed, it appears that a contention has been raised as to the identity of the decreta..Category: Property Law | Date: 2 Mar, 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 ......e bail petition. In the affidavit-in-reply on behalf of the petitioner to the affidavit on behalf of respondent No. 2, it was stated that respondent No. 2 had not correctly stated that materials facts and that his statement that at no point of time from 8.11.78 to 18.11.78, the petitioner let h..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 ......on 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 judgment since common questions of fact and law are involved in both the rules. 2. Facts in short in writ petition No......r. Mainul Hosein has referred to certain decisions reported in A.I.R. 1955 S.C. 70; P.L.D. 1939 S. C. 13; A.I.R. 1959 Calcutta 356; A.I.R. 1967 Calcutta 326. These decisions are not applicable to the facts of the instant case. For the reasons stated therein above there rules must fall and are t..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. ......ssued by the Sub-Divisional Officer, Sadar, Sylhet (Respondent No.3) and the respondents were called upon to show cause why they should not be directed to restore vacant possession of the premises in question forthwith. 2. Although the petitioner prayed for an ad-interim mandatory injunction di......l. The petitioner has filed a reply to the affidavit filed by the respondent-Government and has reiterated all that he had stated in the petition in support of his case. 6. Certain admitted facts have emerged out of the petition and the affidavits on record. The fact that the premises in q..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 ......pers 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 delegation of power it must be done in specific and categorical terms--It is not permiss......t done either in the working paper or in the note submitted by the Secretary to the competent authority. This, in our opinion, was necessary to enable the competent authority to apply its mind in the facts and circumstances of a particular case and arrive at a decision as to whether it would be more..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)
....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. ......;ernment file that was produced before us by the learned Assistant Attorney General. 3. The petitioners in the Rule has although maintained that they had a valid lease for the tea garden in question and that is was taken over by the government illegally and without any lawful authority whe......e of going through the judgment just delivered by my learned brother. While concurring with the same, I would like to add 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 ..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)
....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. ......he Government file that was produced before us by the learned Assistant Attorney General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whe......tage 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 Government file that ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......the court erred in law in arriving at finding of fact on a consideration of irrelevant evidence. 5. In the instant suit there was no dispute that Gour Majhi was the original owner of property in question. There was also no dispute that there existed a person called Nagar Mondal, the father of t......th in appeal as those were not arrived at causing any error of law or procedure affecting the merits of the case. It could not be said to be a finding arrived at without consideration of the material facts and circumstances on which the trial Court based its decision. The finding as no the ancestry ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... 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 ......eration of Bangladesh. The petitioners have of course challenged the alleged plea of the respondent No. 4 that he at all participated in the war of liberation of Bangladesh, but this being a disputed question of fact cannot be adjudicated and decided in this writ petition. 3. After the issuance......ormula for grating benefits to the employees who participated in the war of liberation; the aforesaid memos have been marked as Annexure 'B' and 'C' to this petition. 2. So far as the facts of this case is concerned, it is admitted that prior to the issuance of the aforesaid impugned..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. ......ision No. 54 of 1978. Judgment Sultan Hossain Khan J. — This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenanc......s challenged the assertion of the pre-emptor as to his capacity to get pre-emption under section 90 of the Act. In this view the aforesaid decision of the Division Bench is not applicable to the facts of this case and thus is of no help in deciding this case. Another decision of a single Bench ..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. ...... Civil Revision No.54 of 1978. Judgment Sultan Hossain Khan J.- This rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-emption under section 96 of the State Acquisition and Tena......es challenged the assertion of the pre-emptor as to his capacity to get pre-emption under section 90 of the Act. In this view the aforesaid decision of the Division Bench is not applicable to the facts of this case and thus is of no help in deciding this case Another decision of single Bench of ..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 ...... 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 ......or any of the purposes provided in this act either immediately or mediately under a tenant and includes also the successors-in-interest of persons who have acquired such a right.” From the facts of the case it is clear that defendant No. 1 did not acquire any right from a proprietor or a ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... personal right and hence not enforceable by the heirs of the transferor, was erroneous, being contrary to law in the facts and circumstances of the case and hence need be set aside. 6. The only question of substance that arises in the instant case is whether it was legitimate for the court of ......below to the effect that a contract to reconvey was a personal contract creating a personal right and hence not enforceable by the heirs of the transferor, was erroneous, being contrary to law in the facts and circumstances of the case and hence need be set aside. 6. The only question of substa..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
....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
......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
...... authority. In that view of the matter this Rule is made absolute. The notification dated 5th June, 1980 is set aside and is declared to be inoperative and passed without any lawful authority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
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