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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." ......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." ......and others AIR 1941 Madras 367; K.U.K kulkarni, Receivers and another vs. Ganpat Hiraji Teli, Applicant and another's, AIR 1942 Bombay 191; Emperor vs. Phuchai and another AIR 1929 All. 33. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocat..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....e sale was made to defeat the right of these respondents who were fighting in the courts of law over the disputed land and as such, the purchase by appellant Bushra Complex Ltd. was barred by the principle of lis pendence and it had not acquired any legal right in the disputed land. The High Co......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......eal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Referred to- 1970 PLD (SC). Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chak..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....e petitioner is a public servant and is liable to be tried by the Special Judge. 4. In Criminal Appeal No. 17 of 1996 leave was granted to consider the submissions that in derogation of all principles of quashing the High Court Division has taken into account the defence case and ordered ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ....................Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman & others......... Respondents (In all the appeals) Judgment March 1, 2004. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocat..Category: Criminal Law | Date: | Hits: 40
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. ......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. ...... J MA Aziz J Sukkada Bala Gope... .....................Appellant Vs. Pran Hari Gope...........................Respondents Judgment March 20, 2004. Lawyers Involved: Mohammad Ozair Farrooq, Senior Advocate, instructed by Mvi. Md. Wahidullh,..Category: Property Law | Date: | Hits: 29
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....contract to sell the property in question and as such the judgment and order of this Division rejecting the leave petition requires review since the said judgment and order is contrary to the settled principle of law that decree in a suit for specific performance of contract to sell land is not a ba......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... Dhaka…………………..Petitioner Vs. Alhaj Shamsul Haque and Others…………………..Respondents Judgment March 15, 2003. Result: The review petition is dismissed. Lawyers Involved: A. J. Md. Ali, Additional Attorney General, instructed by B. Hossain, Advocate-..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
.... 2. Leave was granted to consider whether the High Court Division rightly interfered with the order of the Subordinate Judge allowing amendment of the plaint upon applying the correct principles of law as to amendment of pleadings as provided under Order VI rule 17 of the Code of Ci......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. ......Vs. C. Gounder, AIR 1971 Mad. 469;1963-1 Mad 133=AIR 1963 Mad. 217 (FB); Dundappa Vs. Mallappa AIR 1976 Karnataka 39; Saminada Piliai Vs Subba Reddiar, ILR Madras Vol.1 (1876-78) 333. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record - For the Appellant. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......he People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka.........Appellant Vs. Mst. Shiuli Begum and another..........Respondents Judgment May 1, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Feroz Shah, Assistant Attorn..Category: Property Law | Date: | Hits: 37
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. ......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. ......ip;……………..Appellant. Vs. Moulana Md. Tofazzal Hossain and others.......................Respondents. Judgment November 9, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....tter in dispute. The direction of the High Court Division to the lower appellate court is to write out a fresh judgment considering the evidence already on record. 9. It is the settled principle of law that a remand order is never to be made to fill up the lacuna in the case of any 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. ......nu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- C.Q.M.H. Md. Ayub Ali Vs. the 1st Court of Settlement and others, 47 DLR (AD) 71. Lawyers Involved: Mahbubey Alam, Senior Advocated, instructed by Chy. Md. Zahangir, Advocate..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....hy;ond party was an officer holding managerial as well as supervisory powers, that the judgment of the Labour Court is not sustainable since the same has been made disregarding the established principle that no court shall interfere with the findings of domestic enquiry unless gross illegali......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. ......li Bank Limited...........................Appellant Vs. The Chairman, First Labour Court, Dhaka and another..................Respondents Judgment July 20, 2004. Lawyers Involved: Salahuddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Recor..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
.... which municipal taxes were paid and the appellant bank paid rents etc. to Tahsil Office and also paid urban immovable property tax as well as income tax to the Income Tax Authorities; in terms the principle of promissory estoppel the respondents, being the successors-in-interest of late Md.......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. ........Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-..Category: Property Law | Date: | Hits: 35
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ...... J Md. Abdul Matin J Abu Borhan Siddique and another........Petitioners Vs. Mrs. Safiya Asaf Ali and another........Respondents Judgment June 17, 2008. Lawyers Involved: Sufia Khatun, Advocate-on-record - For the Petitioners. Md. Abu Si..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....goods. 7. The High Court Division rejected the aforesaid contention of the respondent upon observing "the difference in facts would make any difference in the application of the principle which is based on interpretation of section 19 and 30 of the Customs Act" and thereu...... 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: ...... Bashar Vs. Collector of Customs 50 DLR 225; Commissioner of Customs and others Vs. Monohar Ali and 26 others 8 BLC (AD)87; Commissioner of Customs Vs. Bangladesh Trader(2004) 9 MLR (AD) 98. Lawyers Involved: Naima Haider, Deputy Attorney General, instructed by Mr. Mvi. Md. Wahidullah..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......n in Writ Petition No.6871 of 2007 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the writ petitioner while a student of 3rd year in Department of International Relations of the University of Dhaka, received a show cause notice on 12.6.2007 from ......sp; Vice-Chancellor, University of Dhaka and others..... Petitioners Vs. Ahmed Ar Razi and others…....... Respondents Judgment April 26, 2009. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......haka and others…………….. Respondents Judgment November 9, 2008. Case Referred to- Saloman Vs. Saloman and Co. Ltd. (1887) A.C.22. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. A.K.M. Shah..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....could be solved unjust and arbitrary process adopted the recommendation of respondent No. 4 which was stained with objective standard for determining the proper decision and barred by the principle of estoppel; the respondent No. 1 violated the rule of Business in taking decision withou......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. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not rep..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
.... 3. The defendant Nos. 1-5 contested the case filing written statement denying the material allegation that the suit is not maintainable in its present form, barred by limitation as well as the principle of estoppel, waiver and acquiescence and further stated that as several suits are pe......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. ......;……………... Petitioner Vs. Government of Bangladesh and others.............................Respondents Judgment October 22, 2008. Lawyers involved: Mahmudul Islam, Senior Advocate, with M.A. Samad, Senior Advocate with Su..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......s Judgment May 31, 2009. Cases Referred to- Sonar Bangla Service Station Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works and others, Law Guardian (AD) Vol. 4 p- 125; Bangladesh Vs. Jaheruddin, 1986 BLD (AD) 180; The Principal Secreta..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246........ Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz Siddique, Additional Attorney General, instructed by A. S. M. Khaleq..Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......he Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantile Bank Ltd. Vs. Sardar Kishan Singh, AIR 1963 Punjab 230. Lawyers Involved: Rokanuddin Mahmood, Senior Advocate, instructed by Mr. Bivash Chandra Biswas, A..Category: Civil Law | Date: | Hits: 92
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