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Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....rious letters. The defendant appointed Asian Surveyors for survey who visited the plaintiff's factory only on 7.12.88. The standby generator went out of order from 2.12.88 and the factory remained completely without power supply up to 5.12.88. The stock of shrimps in the refrigeration room deter...... 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; ......8. Leave was granted by this Division against the said judgment and order of the High Court Division to consider the submission by the appellant that the judgment of the High Court Division was not proper judgment of reversal inasmuch as the High Court Division reversed the findings of the trial......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." ..Category: Civil Law | Date: | Hits: 135
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......rd - For the Appellant. Subrate Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 06 of 2001. (From the Judgment and Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1......f appeal below without adverting to the reasoning of the trial Court set aside the judgment and decree of the trial Court even without reversing the finding therein. 9. It appears that upon proper construction of the document and the appreciation of the evidence, the trial Court decreed t......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....ible should be included in one proceeding to avoid multiplicity of proceedings, It is clear that the disputed amendment sought to be made in this case was wholly justified. The High Court Division completely ignored the principles as have been referred to above and without any application of min...... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ......udge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. 243, Khatian No. 22, present Dag No. 932, D.......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. ..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. ......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...... the Court and after hearing the learned Subordinate Judge (now Joint District Judge) by order dated 2.4.2000 allowed the above application and instructed the plaintiff appellant to file case in a proper court and vacated the order of status quo; thereafter on the basis of the approval of the Mi......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. ..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ...... Division (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Most. Khairunnessa…………..... Appellant. Vs. Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- ......98 making the Rule absolute upon setting aside the judgment and decree of the court of appeal below and remanding the appeal to the lower appellate Court, to hear the same again and to write out a proper judgment upon proper consideration of the evidence and materials on record. 2. P......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
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. ...... 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......e charges leveled against Respondent No. 2 in his presence, that Respondent No.2 was not allowed to cross-examine the witness examined by the appellant and that Respondent No. 2 was not given proper opportunity to defend himself, that Inquiry officer did not find anything against the Respon......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. ..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....xure H to the writ petition, Ministry of Works recommended to the relevant authority for mutation of the names of the heirs of late Md. Serajuddin immediately but the mutation has not yet been completed even though the relevant authority went on giving hope. 3. During the pendenc......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......r late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin and the Ministry of Works leasing the property situated at 156 and 157, Motijheel Commercial Area, Dhaka, comprising of 18 Kathas of land......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. ..Category: Property Law | Date: | Hits: 35
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......……………………….............................................Petitioner Vs. The Government of the People's Republic of Bangladesh and others………Respondent Judgment November 18, 2007. ......hairman of the Union Parishad sent the said resolution to the respondent No. 4 on 04.04.2004. One of the interested inhabitants of Baharampur village gave an undertaking of gift away 0.50 acre of property if the place for proposed construction of Dohakul Union Parishad is selected at Braha......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
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. ......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......nd it is stated that the suit land originally belonged to a company which was a British Company incorporated in London as "Rally Brothers" and after the liberation of the country the said property had been declared as an abandoned property under President's Order No. 16 of 1972 an......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. ..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......n (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General, Bangladesh Agricultural Research Institute and others..... Petitioners Vs. Kazi Md. Sadequl Islam and others..... Respondents ......ty cannot issue an order for deputation without the consent of the employee. As the authority has not taken any consent of the writ petitioner and transferred him on deputation, he applied through proper channel for cancellation of the transfer order on deputation, to the Director General, B.A.R......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....ners have been possessing the suit property and in fact the Government had not taken over the actual physical possession of the same. The construction work of the Dhaka Narayanganj Diversion has been completed and the suit land has not been used for the purpose for which it was acquired and it is si....... Ed. This Case is also Reported in: ......l Procedure for setting aside ex parte decree dated 19.8.1995 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plaintiff-respondent filed the suit stating, inter alia, that the suit property originally belonged to Ahadon Ali, whose name was recorded in C.S. Khatian. The suit land a......d unjustly benefit the party who apparently appears to have manipulated the functionaries of the Government to waste time in the decision making process in bringing the matter before the Court for adjudication on merit or when the necessity or justification or reasonableness of hearing the matte..Category: Limitation Law | Date: | Hits: 241
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. ......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......that the respondent does not fall within the definition of a 'surplus Public Servant' as provided in section 2(e) of the Ordinance and as such the impugned order dated 25.2.1988 was legal and proper. 12. Mr. M. A. Wahab Miah, learned Advocate for the respondent, relying on the same ......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. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and othÂers, 1999, 28 CLC (AD)
.... appellants to their great prejudice. In view of the pending litigations between the parties complications may arise for getting recovery of possessing of the building if, construction is completed meanwhile. As a matter of fact, objection having been raised before the RAJUK, RAJUK adj......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......ate father Dr. Habibur Rahim. The appellants purchased .74 acres of land from out of 1.20 acres. Anwar Rahim sold some portion of the said land to others and .46 acres still remain the ejmali property of the two brothers and the said sister. Before the plan was sanctioned respondent No......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. ..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....the fact that the learned Subordinate Judge, Commercial Court No. 2, Dhaka, was required to decide as to whether it was necessary to add the parties to adjudicate all the issue effectively and completely and the matter in controversy between the parties. And as such, the findings and decisio......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. ...... 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 Bank of Credit and Commerce Industries hereinafte......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. ..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....to enable him to refuse those. Further there is no materials on record to show that the respondent had the persistence reputation of being corrupt and as it appears the Administrative Tribunal completely failed to apply its judicial mind in deciding the case and in a slip shod manner dismis...... (2004) 562. ......no sense corruption. Besides, the learned Member of the Tribunal below has failed to take notice that the enquiry held in not haste before the submission of the reply to the charge sheet being no proper enquiry has greatly prejudiced the petitioner in his defence. We have shown above the irr......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. ..Category: Administrative Law | Date: | Hits: 94
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......542. ......and forged one and appellant Abdul Latif @ Hanif has not denied the execution of the document in question and the document in favour of the complainant and her two sons in respect of the self same property. 7. It appears that the learned Counsel for the Petitioners for the first time......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......ohammad, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No. 89 of 1997. (From the Judgment and Order dated 09.01.1997 passed by the High Court division in Civil Miscellaneous Cases No. 18 of......1996 whereupon they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka but the plaint of the suit was returned for presentation before the proper Court by order dated 03.08.1996. The respondent Nos. 1 and 2 filed 1st Miscellaneous Appeal ......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ..Category: Criminal Law | Date: | Hits: 49
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......is Case is also Reported in: 1 ADC (2004) 513. ...... Suit No. 48 of 1983 dismissing the suit. 2. The respondent as plaintiffs instituted Title Suit No. 48 of 1983 in the Court of the then Munsif, Sujanagar for declaration of title in the suit property against the present appellants as defendants alleging inter alia, that the suit prop......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyers......92, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed land and that the enlistment of the suit property as vested property is illegal stating inter alia, that the disputed property originally be...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..Category: Property Law | Date: | Hits: 82
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ...... Dr. Rafiqur Rahman, Senior Advocate (M. A. Baki with him) instructed by Serajur Rahman, Advocate-on-Record-For Respondent No.2. Civil Appeal No. 96 of 1999 (From the judgment and order dated 22.6.1999 passed by the High Court Division in Writ Petition No. 3968 of 1998) ......serious miscarriage of justice. In view of the pending litigations between the parties in the civil court and in the writ jurisdiction in respect of allotment of the self same shop it is just and proper that the writ petition should be disposed of in presence of the petitioner." ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ..Category: Procedural Law | Date: | Hits: 78
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