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Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
.... valid ground for interference because all the submissions are on the merit of the appeal and this amounts to rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335; Rahima Akhtar 40 DLR (AD) 23 and Pradhip Das 44 DLR (AD......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......t: Mustafa Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insurance is the central theme of this appeal by leave by defendant Sadharan Bima Corporation from..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....ement that while he was a tenant under the heirs of Mohsin Ali Pk., Jahanara Bewa, wife of Mohsin Ali Pk, stopped taking rent from him whereupon he started ma deposit of rent before the House Rent Controller. After he had deposited Taka 1080.00 as rent for 18 months there was a settlement betwee......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....lance of advance money of Tab 70.00 with the plaintiffs and the defendant sent the rent through money order and after refusal of the same by the plaintiffs, he deposited rents to the Premises Rent Controller (4th Assistant Judge), Dhaka on 30.3.89 by filing House Rent Case No. 12 of 1989 and sin......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Md. Ismailuddin Sarker J Additional General Manager, GM Office, Postal Life Insurance Dhaka and another………………Appellants Vs. ..Category: Administrative Law | Date: | Hits: 122
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....month of January 1986 on 6.1.1986 by postal money order which came back undelivered on 10.1.1986 whereupon the appellant deposited the rent for January 1986 within 15 days in the office of House Rent Controller, Dhaka in House Rent Case No. 80 of 1986. The appellant also sent the rent for the month ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ...... be confused with the burden of adducing evidence which is described as "shifting". The burden of proof on the pleadings never .shifts, it always remains constant (See Pickup vs. Thames Insurance Co. 1878) 3 QBD 594 = (47 LJ QB 749). These two aspects of the burden of proof are emb..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....defendant No.l Parul Bala who paid rent to him. Parul Bala however inducted the defendant No.2 as her sub-tenant in the premises without his consent. After obtaining permission from the House Rent Controller in 1958, the plaintiff filed the above mentioned suit on 4th October, 1961 for ejectment...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ...... Judgment July 3rd, 1970. Cases Referred To: Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Involved: Md. Nurul Huq and Mohammad Hass..Category: Fiscal/Taxation Law | Date: | Hits: 106
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......er Company. After obtaining licence, the petitioner company by letter dated 19-7-95 sought the approval of Bangladesh Bank for inclusion of petitioner Nos. 3 and 4 as nominee -directors of Phoenix Insurance Company Limited and of petitioner Nos. 2 and 5 as nominee- directors of Appollo. Steel Mi..Category: Business or Commercial Law | Date: | Hits: 96
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....along with other family members from his said Dhanmondi House to other places in Dhaka City for the safety of their lives. Afaq Ahmed Khan on being retired from government service as the District Controller of Food got himself enrolled as an Advocate and used to practice in the District Court a......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ...... hear the same grounds already considered in the judgment sought to be reviewed……………………(7) Cases Referred to- Life Insurance Corporation of India Vs. DJ. Bahadur and others AIR 1918 (SC) 2181; Pakistan River Steame..Category: Labour and Industrial Law | Date: | Hits: 127
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....ress of his grievance which is an equally efficacious remedy provided by law as per provisions contemplated in Article 52 of the Dhaka University Order, 1973, as has been upheld in the case of the Controller of Examinations vs. Mohammad Mohiuddin, (1992) 12 BLD (AD) 309. 9. In the afore......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....ts that the tariff value is determined by a high-powered committee of the Government consisting of representatives from Tariff Commission, Ministries of Commerce and Industries, Textiles and Finance, Controller of Valuation of Customs and representatives of Federation of Chamber of Commerce and Indu...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......ne. Md. Sayed as a monthly tenant on 15-4-74 While in possession Md. Sayed was dispossessed by 1 the Government and the disputed building was leased out to one Abdul Hakim Sarder, an employee of an Insurance Company. Respondent No. 1 submitted various representations to the Government and finall..Category: Property Law | Date: | Hits: 89
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....der paragraph 120 ch. IV of the said Orders and, as such, he was quite competent to remove him from service. 3. The Administrative Tribunal dismissed the case after holding that the Controller and Auditor General being the appointing authority was competent to pass the impugned or...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......dministrative Tribunal Case No. 129 of 1987. 2. The relevant facts are respondent No. 1 AKM Yusuf Mia, an Upper Division Assistant of the office of the General Manager. Postal Life Insurance, Dhaka was transferred on 28-7-79 along with 17 others to the office of the General Mana..Category: Administrative Law | Date: | Hits: 119
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....t receive the money order and the same was returned back to the defendant on May 5, 1986. Thereafter since May 10, 1986 the defendant has been depositing regularly the rent in the Court of House rent Controller, in House Rent Case No. 38 of 1986. 4. Besides production of documentary evidenc...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ection to the writ petitioners as to the quality and size of the shrimps. The EPB thereafter brought the matter to the notice of the Government in the Ministry of Commerce who gave direction to the Controller of Imports and Exports and latter cancelled the writ petitioners’ Export. Registr......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117