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Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....ccused appellants took her to the house of absconding accused Samir Sarkar at Aviram... where from they took her to Bonarpara Railway Station and therefrom they took her to the house of the sister-in-law of Abul Hossain i.e. the house of Serajul Islam in village Behargili. She was kept con......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&......a with whom she voluntarily fled away in the night of occurrence. Accused appellant Abdul Quddus in his statement under section 342 Cr.P.C. produced a true copy of the Kabinnama dated 19-5-79 in order to show that his marriage with P.W.2 Ferdousi was solemnised and registered by the Kazi of Che..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....nst the trustee as owner of the trust property;" 21. Section 4 speaks about the purpose for which a trust may be created. Section runs as follows:- "A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of suc......ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th......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. ......M/S Brestern Shipping Company Ltd. & others…………………Defendants Judgment April 29, 1982. Result: The suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No.3. Case Referred to- ......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. .................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment April 29, 1982 Result: The Petition against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To- ......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
....l shall be a Court of record, and shall have in respect of the territories for the time being included in the Province of East Bengal, all such original appellate and other jurisdiction, as under the law in force immediately before the appointed day, is exercisable in respect of the said territories......llip;…………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M/s. M.M. Ispahani Limited, Ispahani Building and two others………....Respondent
Judgment
April 12, 1982
Re......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. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
.... grant rateable pre-emption to the present petitioner who was O.P. No. 1. 7. Mr. Mian Aftabuddin, the learned Advocate for the petitioner submits that both the Courts below committed an error of law apparent on the face of the record in not holding that this petitioner became a co-shararer by h......es. Civil Revision No. 76 of 1982. Judgment Amin-Ur-Rahman Khan J. - This Rule was obtained 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......the record and the documents in refusing the present petitioner's claim for rateable preemption and consequently failed to exercise a jurisdiction vested by law. 13. In the circumstances the orders of both the Courts below shall have to be set aside and the case remanded to the trial Court ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....Since the defendants have been thrown out of possession by the decree which has been set aside we arc of the view that the suit should be disposed of as expeditiously as possible after providing lawful opportunities to the parties. We do not see any justification in prolonging the litigation ov...... Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………………........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)
....A.I.R. 1916 Calcutta-427 in support of his contention. 6. Mr. Md. Ansar Ali, the learned Advocate, appearing on behalf of the plaintiff-respondent, however, submits that there is no provision of law, for issuing notice on the defendant before appointing a Receiver, and as such the learned Subor......February 17, 1982. Result: The appeal is dismissed. Appointment of Receiver— 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. ......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
....2.70, passed by the Sub-Divisional Officer, Jamalpur, in Case No. 56-EP/70-71, purporting to take possession of part of C.S. Plot No 14, Khatian No. 22 of Mouza Narayanpur had been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he along w......ected the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71.
3. Sree Sree Gopaldeu Bigraha, to whom the original owner ....... 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)
....dents to show cause as to why the lodging of the F.I.R. of the said Sherpur P.S. Case No.14 dated 26.10.78 under MLR 12 of 1975 against the petitioner should not be declared to have been made without lawful authority and is of no legal effect. While issuing the Rule the court stayed all further proc...... (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangladesh and others………..Respondents and Surendra Mohan Shaha........................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)
....caused prejudice to the delinquents— The delay in filing the enquiry report by the Inquiry Officer has not vitiated the proceeding or the report submitted by the Inquiry Officer. Whether a law enjoining an authority to do a certain thing is mandatory or not could be decided upon the conse......olla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: ......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)
....dash; Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter dispossessed the petitioner from that peoperty--To enjoy protection of law and to be treated with law is the inalienable right guaranteed to every citizen under the Consti......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua......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)
....ead such power 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,......Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: ......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 Government was within its rights to take over possession of the tea garden and other movables of the petitioners- 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......lip;…..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inalienable right to enjoy the pr......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)
.... 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 whereat the Government tried to make out a case in their affidavit in opposition th...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ......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)
....the son of Gour Majhi's brother Keroly Majhi. Nagar Mondal, son of Keroly Majhi married the daughter of one Hari Charan Mondal and lived in Hari Charan Mondal's house as a domesticated son-in-law. Nagar Mondal always lived in his father-in-law's house leaving behind the plaintiff as his ...... 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)
....epublic provided that it shall be competent for the President to make rules regulating the appointment and conditions of service of such persons until provision in that behalf is made by or under any law, and rule so made shall have effect subject to the provision of any such law. From a careful rea......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ......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)
....the Appellate Division of this Court in the case of Akhtarun Nessa and another Vs. Habibullah & ors. reported in 31 D.L.R. (A.D) 88. Their Lordships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of necessary party must......ip;………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR......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 of the Appellate Division of this Court in the case of Akhtarun Neesa and another Vs. Hobibullah & ors. reported in 31 DLR (AD) 88. Their Lordships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of necessary party must be taken ......, 1981. Result: The Rule is made absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah & ors., 31 DLR...... 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
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....on in the present case being that the mortgage deed, ext. 1, did not stand in the way of tenants being settled on the land, the tenant so settled whose interest in the land was well defined under the law, could not be evicted without recourse being had to the provisions of law applicable to the evic...... Mortgage 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 C...... 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 ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
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