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Displaying 1981-2000 of 2712 results.

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ......eport submitted by the surveyor after visiting the factory showed that power disruption was due to cyclone which disentitled the plaintiffs claim. The claim of the plaintiff was not payable as per terms of Clause 8B of the DOS policy. The plaintiff appellant having not submitted his claim under ...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ..

Category: Civil Law | Date: | Hits: 135

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......e made. Order VI rule 17 C.P.C. provides as follows: 17. The Court may at any stage of the pro­ceedings allow either party to alter or amend his pleading in such manner and on such terms as may be just and all such amend­ments shall be made as may be necessary for the purpose...... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ..

Category: Property Law | Date: | Hits: 56

Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)

....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ...... writ petitioner and further no show cause notice was also issued upon the respondent No. 1 and accordingly the above Memos are illegal and without any lawful authority. 7. As it appears in terms of section 11 of the Act before cancellation of license issuance of notice of show cause is n......Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain………………..Appellant. Vs. Moulana Md. Tofazzal Hossain and others.......................Respondents. Judgment November 9, 2004. Lawye..

Category: Civil Law | Date: | Hits: 133

Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)

....is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......g, inter alia, that on 1.6.1971 he was appointed as Godown Inspector by the appellant and later on he was promoted to the post of Inspector of advances on 29.11.1977 with effect from 1.12.1977 with terms and conditions of service to that of previ­ous post, that the appellant served on the Res...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Pubali Bank Limited...........................Appellant Vs. The Chairman, First Labour Court, Dhaka and another..................Respondents Judgment July 20, 2004. Lawyers Invol..

Category: Labour and Industrial Law | Date: | Hits: 79

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

....urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......ed at Karachi and since then Standard bank possessed the property in question; the appellant bank was constituted under by Bangladesh Banks Nationalization Order, 1972 (P.O. No. 26 of 1972) and in terms of Article 6 of the above Order the undertakings of Standard Bank, Commerce Bank and Australa......97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 20..

Category: Property Law | Date: | Hits: 35

Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)

.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......ceived or in other words unsustainable in law and facts since facts of those cases are quite different from the facts of the instant case in that in SRO dated February 2, 1993 there was no special terms and conditions on fulfillment of which the duties on the imported goods would have been asses...... ..

Category: Fiscal/Taxation Law | Date: | Hits: 74

M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......property had been included in item No.6 and after pub­lication of the said tender notice the plain­tiff had submitted a tender on 20.07.1992 amounting to Tk. 6, 02, 51,000.00 and as per the terms and conditions of the tender the plaintiff had deposited Tk. 60, 25,100.00 as earnest money i......nbsp; (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J M/S. Nur Mohammad and Company Limited ………………………&hellip..

Category: Property Law | Date: | Hits: 42

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ...... sale deed. On the said date the delivery of possession of the demised land was made in favour of the plaintiff vendee and since then the plaintiff vendee is in possession of the suit land. But in terms of the bainapatra the said defendant Mir Ahmed did not come forward to execute and register t......esent: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Tafazzal Ahmed.................. Petitioner Vs. Badiul Alam and others....... Respondent Judgment July 27, 2007. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 36

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ction 6 of the Ordinance. He submits that the respondent is entitled to the benefits under the said memo and of such other principles as are laid down by the Government from time to time as to the terms and conditions of service of surplus public ser­vant. The learned Additional Attorney Gen......ecord-For the Appellant. M. A. Wahhab Miah, Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 1995. (From the Judgment and Order dated April 28, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 21 -of..

Category: Employment/Service Law | Date: | Hits: 119

Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and oth­ers, 1999, 28 CLC (AD)

....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ....... It is not disputed before us by any of the parties that RAJUK has no authority under Section 9 of the Building Construction Act, 1952 to cancel/suspend a sanctioned plan for breach of any of the terms or conditions or for making any incorrect statement under which such sanction was granted. ......ivision (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Md. Shafiuddin Miah and another.......................Appellants Vs. Rajdhani Unnayan Kartripakhya and o..

Category: Property Law | Date: | Hits: 35

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......e Banking Compa­nies Act, 1991 providing for the Bank of Credit and Commerce International (Overseas) Limited (Reconstruction) Scheme, 1992 (here­inafter called the "Scheme"). In terms of clause 6(1) of the scheme the business, properties, cash and liabilities in Bangladesh of ......Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. ..

Category: Others | Date: | Hits: 95

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......clear violation of Rule 7(1) (b) of the Rules. If for arguments sake it is conceded that the respondent received the above letter containing charge on the same very day i.e. 28.5.1994, even then in terms of provisions of above Rule 7(1)(b), the respondent was entitled 10 working days to file repl...... (2004) 562. ..

Category: Administrative Law | Date: | Hits: 94

Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)

....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......r the Administrative Appellate Tribunal allowed the appeal holding that the materials on record showed that respon­dent No.1 was a freedom fighter. 5. Leave was granted in the following terms:-  "Mr. Shamsul Alam, the learned Deputy Attorney General appearing f......55. ..

Category: Administrative Law | Date: | Hits: 103

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......hy;ment and order dated 16.2.2000. A Division Bench of the High Court Division, after hear­ing, rejected the above case summarily. Then leave was granted by this Division on the fol­lowing terms:-  "Because the state failed to exhibit any ceiling regarding quantity ...... Appellant. Abdur Razzak Khan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 29 of 2002. (From the judgment and order dated 1st March, 2001 passed by the High Court Division in Miscellaneous Case No. 1627 of..

Category: Criminal Law | Date: | Hits: 70

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......igation other than an obligation to pay a sum of money. It may be that a person appre­hending a rising spiral of prices may, when advancing money, may bargain for a return to be made to him in terms of certain commodities like silver; Commissioner of Wealth Tax, Gujarat, Ahmedabad v. Raipur ......llip;... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AI..

Category: Property Law | Date: | Hits: 39

Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......In the High Court Division, the parties filed a compromise petition in the said First Appeal and the High Court Division granted the probate as was prayed for by the compromise petition and in the terms of the compromise. It s noticed that the appellant herein contested in the probate case in th...... Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahammed J Kanai Lal Roy..........................Appellant Vs. Swaraswati Roy and ors..................Respondents Order August 17, 2002. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 74

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......alia, that M/S Chandana Corporation, a partnership firm was the tenant in the suit premises as per agreement dated 01.08.1961 with Younus Ali, Sajeda Khatun and Mussamat Zaitun Nessa and one of the terms and conditions of the agree­ment was that in case of default in the payment of rent for t......nior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2. No represented-Respondent No. 3. Civil Appeal No.190 of 2002. (From the judgment and order dated 13.12.2000 passed by the High Court Division in Civil Revision No. 4348 of 1999) ..

Category: Property Law | Date: | Hits: 23

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ...... (2) Subject to the provisions of this Order Evidence Act, 1872, shall apply for the trial of an election petition. (3) The High Court Division may, at any time, upon such terms and on payment of such fee as it may direct, allow petitions to be amended in such manner a ...... Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Giasuddin Quader Chowdhury..........................Appellant Vs. ABM Fazle Karim Chowdhury and others .........Respondents Judgment August 21, 2002. Cases Referred To-..

Category: Election Law | Date: | Hits: 312

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......id claim was entirely rested upon oral evidence of the vendor. In the background of the aforesaid fact in the reported case it has been observed, "Oral or extraneous evidence to contradict the terms of the contents of a docu­ment is inadmissible under Section 92 of the Evidence Act............ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- ..

Category: Property Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......) 130. In the instant case it was evidently found by the Court below that compensation money was deposited in the civil deposit which sufficiently indicates that award was made by the Collector in terms of Section 11 of the Act. Further the plaintiff without challenging the validity or otherwise......Senior, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Review Petition No. 23 of 2001. (From the judgment and Order dated 25 July 2002 passed by the Appellate Division in Civil Appeal No. 75 of 1997). ..

Category: Property Law | Date: | Hits: 20