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Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....is whether the plaintiff, not described as the insured in the policy as suggested by Mr. Mahmood, is entitled to sue or not as the ‘policy-holder’. 39. “Insured” means a person, natural or legal who has been insured by an insurer against some risks or eventualities. For the purpose of sec......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..Category: Business or Commercial Law | Date: | Hits: 211
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....resaid amount. But the defendant, in spite of the receipt of the letter, did not make any payment. The plaintiff having failed to realize the repairing costs of damage from the defendant had to serve legal notice on 30.9.1989 registered with A/D through its legal Adviser with a request to make payme......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....ed as short landing of the cargo as against the huge quantity of bangs carried by the vessel and therefore, the claim of the plaintiff on this ground is not tenable in the eye of law. The plaintiff illegally obtained the order of arrest of the vessel and the owner of the vessel has suffered irrepara......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Md. Ayub and others Vs. State, 2011, 40 CLC (HCD)
.... chance of acquittal in this case and as such they may be enlarged on bail. 5. The learned Assistant Attorney General appearing for the opposite party although opposes the rule but considering the legal aspect of this case found it difficult to oppose the bail. 6. Heard the learned advocate of......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 48
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
.... the appeals Mr. PC Guha is appearing. 10. Mr. Mahmudul Islam, the learned Attorney-General appearing for the appellants in First Appeal No. 158 of 1999, submits that the plaintiff had no existing legal right to sue against the defendants at the relevant time i.e. on 3-8-1986, in view of the fact......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....-1999 in the Daily Star of the Notice to sell the vessel, MV Kadam Rasul belonging to the petitioner by the respondent Bangladesh Shilpa Bank vide Annexure ‘F’ be not declared to have been done illegally and without lawful authority. 2. The facts, in brief, are that the petitioner is a regist......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....d also for a declaration that the Registered Deed No.2192 dated 3.3.1999 allegedly executed by the Defendant No.2 in favour of the Defendant No.1 is a product of forgery, concoction and accordingly illegal and not binding upon the plaintiff. 4. Defendant Nos.1 and 2 contested the suit by filing ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
....ring on 22.3.2009, he was in the hospital due to his health ailment and accordingly he being the engaged Advocate on behalf of the Respondent No.5 the Vested Property Department, could not submit the legal points and other materials in favour of the respondent No.5 before that Bench and accordingly ...... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
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Category: Procedural Law | Date: | Hits: 62
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
.... filed an application for broadcasting through satellite system but before disposal of their application, they commenced test transmission violating the terms and therefore, the respondent No.1 had legally issued the impugned orders. 5. The High Court Division upon hearing the parties and on co......concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ..Category: Information Technology Law | Date: | Hits: 585
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
.... in that view of the matter the petitioner is competent to maintain this petition for pre-emption as he has filed the application for pre emption within the prescribed time in compliance with all the legal formalities required under the law. Mr. Hossain further submits that there has been no splitti......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....e exclusive possession of the plaintiff on specific and separate share of the suit land well demarcated by boundaries, so was as to be entitled to retain their possession against their co-sharer till legal partition by way of permanent injunction and therefore, their lordships affirmed the judgment ......at on account of vagueness disputes do not erect.” 22. In the aforesaid case the plaintiff brought a suit for declaration of title whereupon at the instance of the plaintiff an order to maintain status quo by the defendants have been passed in respect of possession of the disputed plot No.71 me..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....le was issued as IRO Case No. II of 1993) and Complaint Case No.86 of 1994 (Annexure “C” to the Writ Petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and involve common question of law. The......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
.... by judgment and order dated 30-9-92 rejected the said revision and maintained the order of the learned Additional Chief Metropolitan Magistrate holding that the learned Magistrate has committed no illegality in reviving the case. 6. Mr. MA Wahab, the learned Advocate for the petitioner, submits ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
....sclose any offence under section 11 (Kha) of the Ain as against the appellants. Since there are no ingredients of offence under the above quoted section, the learned Judge of the Tribunal committed illegality in framing charge against them. The medical certificate produced by the informant shows tha...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 55
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....n No. 2519 of 1999. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the plaintiffs, was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of order dated 7.7.1999 passed by the Assistant Judge, Shibpur, Narshingdhi in Title Suit N......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 58
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....al appearing for the respondent submits that the prosecution has successfully able to prove the charge leveled against the appellant by adducing sufficient evidence and the trial court committed no illegality in convicting him and as such there is nothing to interfere in the impugned judgment and he...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....ing the Government allotted property and the terms of the lease deed having not been complied with the sale agreement as executed in favour of the plaintiff, so far relates to the suit property, is illegal and without authority and hence can not be enforced against the Government-defendant No. 2. ......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...Category: Property Law | Date: | Hits: 61
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....e defendant-appellant-petitioner. 6. Admittedly, the suit properties originally belonged to Abdur Rahman and after his death, his son (defendant), daughter (plaintiff) and wife (deceased) were his legal heirs. Thus the plaintiff has claimed to have inherited one-third of the suit properties which......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....se and vivid judgment finding inter alia that the plaintiffs also could not prove the delivery of possession of the suit property by the defendant’s father to the plaintiff. Trial Court rightly and legally on the evidence both oral and documentary disbelieved the claim of the plaintiff that they p......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..Category: Property Law | Date: | Hits: 108
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....use as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issued by respondent No.2 shall not be declared to have been made and issued without lawful authority and is of no legal effect and why respondent Nos. 1 and 2 shall not be directed to cancel and/or rescind the said......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
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