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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.   ......ville, (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, Advocate— For the Appel­lants. Kazi Safiudd......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.   ..

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.   ......thers, AIR 1944 Privy Council 78; Venkatachallapathilyer Vs. China Muna Chakaran Panilyer, AIR 1922 (Madras) 83; Afser Molla and another Vs. Abdul Aziz and others, 29 DLR 416.     Lawyers Involved: Abdur Rob (11), Advocate— For the Appel­lants. S.S. Halder, Ad......y 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 administrator of the disputed pr..

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.   ......The suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No.3. Case Referred to- Seafarers Inc. Vs. Province of East Pakistan; 20 DLR SC 225. Lawyers Involved: Dr. M Zahir & M Hasan, Advocates— For the Plaintiff. M Hafizul......er the Admiralty Jurisdiction of this Court. In the case it was also decided that the plaintiff, a nationalised concern under the supervision and control of the B.C.I.C under the Presi­dent's Order No.27 of 1972, had the locus standi to file a suit, for compensation for short landing of good..

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.       ......defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To-   Seafarers Inc. Vs. Province of East Pakistan 20 D.L.R. S.C. 225 Lawyers Involved: Dr. M. Zahir & M. Hasan, Advocates-For the Plaintiff M. Ha......e under the Admiralty Jurisdiction of this Court. In the case it was also decided that the plaintiff, a nationalized concern under the supervision and control of the B.C.I.C under the President's Order No. 27 of 1972, had the locus standi to file a suit, for compensation for short landing of goo..

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)

....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   ......raf Hossain Choudhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. and another) and Civil Appeal No 65 of 1980. (A.K.M. Ayub Ali Vs. Eastern Refinery Limited & ors Lawyers Involved: Dr. M. Zahir, M. Hasan, Advocate –For the Appellant M. Hafizu......t, 1915 and section 223 of the Government of India Act, 1935. In 1947 in exercise of the power conferred by section 9 of the Indian Independence Act, 1947, the High Court (Bengal) Order, 1947 was passed. Paragraph 5 of the Order provided: “The High Court of East Bengal..

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.   ......h and others……………………………..Res­pondents Judgment March 2, 1982. Result: The Rule is discharged. Lawyers Involved: BN Chowdhury, Advocate with M Nurullah and Kazi Ebadul Huq Advocates— F......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.   ..

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     ......does not arrive at any final decision on the merits of the case, but its object is only to preserve the status quo ante during the litigation………..................(7 & 8) Lawyers Involved: S.R. Pal with K. M. Saifuddin Ahmed—For the Appellant. Md. Ansar A......hout notice to the opposite side. The desirability of issuing any such notice is however a matter which should be left to the discretion of the Court concerned. While appointing a Receiver under Order 40, rule 1, C.P.C. the Court does not arrive at any final decision on the merits of the c..

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)

.... no legal effect. 5. It is the petitioner's case that he along with his mother, wife and children had been living on the said land, peacefully when Respondent Nos. 1 and 2 taking recourse to Martial Law Regulation started a case against the petitioner under M.L.R. 12 of 1975 through the Tah..................Petitioner Vs. Abdur Rashid Khan, Sub-divisional Magis­trate, Sherpur & ors....Respondents Judgment February 5, 1982. Result: The rule is made. Lawyers Involved: Abdur Rab-1—For the Petitioner. Rafiqur Rahman—For the Cont......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)

....y the said Advocates, but no order was passed on the said petition. Certified copy of the F.I.R. and the order sheet was also not granted and respondent No. 1 passed an order stating that as it was a Martial Law case copy could not be granted. 6. On 18.11.78 it is alleged that respondent No. 2 ......pur, M.A. Rashid, Sub divisional Officer (Sadar) Jamalpur.................Respottdenis-Contemners Judgment February 5, 1982. Result: Appeal is allowed. Contempt of Court Lawyers Involved: Abdur Rab-I—For the Petitioner. Matiur Rahman—For the Conte......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)

....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     ......aid to have suffered from illegality………(5 & 7) Cases Referred To- 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. Lawyers Involved: Maimil Hosein with Md. Joynul Abedin—For petitioner in both 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     ..

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.         ......sh and ors……………….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Government sold a propert......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   ......ower by necessary implication when rights of others are involved--There being no delegation of power to the Vice-President the impugned order passed with his approval cannot be sustained in law. Lawyers Involved: Abdur Rab Chowdhury—For the Petitioner. M. Shohrab Ali, D. A. G, ......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

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.   ......ction of the law and to be treated in accor­dance with law, and in accordance with law as guaranteed under Article 31 of the Constitu­tion has been clearly infringed…….(27) Lawyers Involved: Hamidul Huq Chowdhury, petitioner No.2 in person with MHA Sikdar, MI Faruque......ce published for the pur­pose of starting tea plantation on the lands thus leased out. The Tea Board itself was set up by the then Government of Pakistan in ac­cordance with the provisions of Order 46 of 1959 with Head quarter at Dacca and its pri­mary duty was to bring under tea cultiva..

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. ............Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 Result: The rule is made absolute. Lawyers Involved: Hamidul Huq Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar,&nb......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. ..

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 ......Respondent Judgment January 7, 1982. Result: The Appeal is dismissed. Cases Referred To- Seshammat Vs. Kuppanatyyangar, reported in A.I.R. 1926 Madras, at page 475. Lawyers Involved: Md. Fazlul Karim—For the Appellant. Kh. Mahbubuddin Ahmed with Fi......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 ..

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 ......, AIR 1967 SC 1427; State of Mysore Vs. Krisna Murth, AIR 1973 SC 1146; B.S. Vadera & another Vs. Union of India & others, AIR 1969 SC 118; Shahabuddin Vs. Pakistan PLD 1957 Karachi 854. Lawyers Involved: Abdur Rab Chowdhury, Advocate- For the Petitioners Sohrab Ali, Deputy At......esh finally emerged on 16th December, 1971 and its Constitution commenced from 16th December, 1972. During the early days immediately after independence, no law was made by way of any President's Order providing for such kind of antedated seniority to freedom fighters in the service of the Repub..

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.   ......d others, 29 DLR (High Court Division) 153; Satya Ranjan Haider and others Vs. Surendra Nath Das and other, 13 DLR (Dacca) 338; Tamizuddin Ah­med Vs. Guljan Bibi and others, 26 DLR (HCD) 93. Lawyers Involved: M.A. Rahim, Advocate— For the Petitioners. Md. Nurul Haque with A...... provisions of the Code of Civil Procedure relating to proce­dures in Civil Courts for disposal of suits and proceedings arid in this connection we may refer to the provisions of Rules 3 and 5 of Order 8 of the Code of Civil Procedure and Rule 1 of Order 14 of the Code of Civil Procedure. The pr..

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. ......ivision) 93; Nayeb Ali and others Vs. Aktar Rahman and others, 29 DLR (High Court Division) 153; Abdur Rahman Vs. Baser Ali and others, 21 D.L.R. (Dacca) page 599; 1 BLD (High Court Division) 121. Lawyers Involved: M.A. Rahim - For the Petitioners.  Md. Nurul Hoque with, A.K.M Khasirul......arious provisions of the Code of Civil Procedure relating to pro­cedure in Civil Courts for disposal of suits and proceedings and in the connection we may refer to the provisions of rules 3 and 5 of Order 8 of the Code of Civil Procedure and rule 1 of Order 14 of the Code of Civil Procedure. The pr..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

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         ......13; Jalil Ahmed Vs. Raish Mia,  20 D.L.R at page 80; Ratish Chandra Vs. Hara Krishna Goldar, 15 D.L.R. at page 654;  Majada Khatun Vs. Rabindra Chandra Roy, P.L.D. (Dacca) at page 112. Lawyers Involved: Md. Yasin—For the Appellant. M. A. Jalil—For the Respondent...... 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         ..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....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 ......ior motive…….(4 & 5) Cases Referred To- Dr. Nurul Islam Vs. Bangladesh, 1981 BLD (AD) 140; A.K.M. Arshad Ali Vs. Govt. of Bangladesh in Writ Petition No. 195 of 1981. Lawyers Involved: Syed Istiaq Ahmed with Mahmudul Islam—For the Petitioner. M. M. Ha......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 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1