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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.   ......e defendants. E. That a decree for khas possession of the suit property be passed against the de­fendants." A further prayer was incorporated that defen­dants 8 to 18 should be ordered to remove at their own costs, the constructions made by their predecessor in any portion of ..

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.   ......tatement that the insured value of the goods was Tk. 3, 48,650/- is not denied. Defendant No 3 who has already made a part payment is to pay the reminder of the plaintiffs claim. 13. Hence it is ordered that the suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs again..

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.       ......nt that the insured value of the goods was Tk. 3, 48,650/- is not denied. Defendant No. 3 who has already made a part payment is to pay the reminder of the plaintiff's claim. 10. Hence it is ordered that the suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs again..

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   ......ficate issued there under covering the cargo were taken in the name of Bangladesh Chemical Industries Corporation A/C Albert David (BD) Ltd. and therefore the BCIC has the right to sue, if at all. In order to examine and scrutinize the claim of the plaintiff, defendant No. 3 requested the plaintiff ..

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.   ......shy;spondents. 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 sect..

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     ......om Original 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..

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 ....... 8 of 1980. Judgment Chowdhnry A.T.M. Masud J.— This Rule was issued calling upon respondent No.1 to show cause as why he should not be committed for contempt of Court. 2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, directed the Circle Officer (Revenue), S..

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     ......of the said Sherpur P.S. Case No.14, so far it related to plot No. 14 of Khatian No. 22 mouza Narayanpur. 3. The petitioner stated that after obtaining a certified copy of the aforesaid rule and order of stay passed by this court, he went back to Sherpur, where the said Sherpur P.S. case No. 14..

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     ......nd staffs of Zilla Parishad. In the absence of any other rule modifying the provisions relating to appointment and dismissal in Local Council Servants (Efficiency and Discipline) Rules, 1968 the order of dismissal passed by the Chairman of the Zilla Parishad cannot be said to have suffered from..

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.         ......ts and possession of the petitioner threw him out of possession of his legally acquired property. It was, to say the least, an act of extreme high handedness on the part of responsible official bordering on vandalism. Government officials would do well to remember that to enjoy the protect..

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   ......cised 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 delegation of power..

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.   ......ed 5-12-74 after discussion with the then Prime Minister Mr. Sheikh Mujibur Rahman. On the basis of the said not initiated by Mr. Taheruddin Thakur, Mr. Sheik Mujibur Rah­man passed the following order on the same date in the matter: “সরকার জন স্বার্থে ..

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. ......dated 5.12.74 after discussion with the then Prime Minister Mr. Sheikh Mujlbur Rahman. On the basis of the said note insulated by Mr. Taheruddin Thakur, Mr. Sheikh Mujibur Rahman passed the following order on the same date in the matter; “সরকার জনস্বার্থে ন..

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 ......e, properties. If so, what is the extent of his share.” 6. It was framed so by the court as it was the duty of the plaintiff to prove that be was a co-sharer of the property in question in order to be entitled to ask for partition. To prove that co-sharer ship of the property the plaintif..

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 ......h is as to whether the aforesaid Government Savants (Seniority of Freedom Fighters) Rules, 1979 whereunder the respondent No. 4 was granted antedated seniority over the petitioners under the impugned order Annexure B, has been made in accordance with the provision of the Constitution of Bangladesh p..

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.   ......y Act. Upon these two grounds the appeal was allowed and the application for pre-emption was dismissed. This Rule under section 115 of the Code of Civil Procedure is directed against the judgment and order of the learned Subordinate Judge. 3. Mr. Abdur Rahim, the learned Ad­vocate appearing..

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. ...... Upon these two gro­unds the appeal was allowed and the applica­tion for pre-emption was dismissed. This rule under section 115 of the Code of Civil Proce­dure is directed against the Judgment and order of the learned Subordinate Judge. 3. Mr. Abdur Rahim, the learned Advo­cate appearing on b..

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         ......ecree of the court of appeal below are set aside and those of the trial court restored. The plaintiff's suit is decreed on contest but in 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 ......not apply its mind as to why amongst 34 doctors who completed 25 years of service the petitioner should be singled out for compulsory retirement--Such retirement must be held to be discriminatory and ordered with ulterior motive…….(4 & 5) Cases Referred To- Dr. Nurul Isla..

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)

.... ob­servation this rule is discharged. In view of 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) 54. ......arti­ality or bias against the Enquiry Officer….(5 & 6) Premature application for appeal can not be maintainable There is an appeal pending before the authorities against the order of dismissal & since an appeal is pending being a remedy available under statutory rules t..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2