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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." ......efore a Division Bench of the High Court Division. The plaintiff filed an application under Order 47 rule 1 of the Code of Civil Procedure initiating Miscellaneous Case No. 129 of 1994 for awarding interest on the aforesaid decretal amount under section 47B of the Insurance Act, 1938 which was a..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......he post of kanungo was not possible as the Ministry of Finance did not approve the decision of upgrading post of kanungo. It is also claimed that the proposed recruitment would not affect the interest of the writ petitioners in any way and as such they were not aggrieved person and the writ..Category: Civil Law | Date: | Hits: 117
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 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. ......rmance of any public duty. in the service or pay of a local authority or of a corporation, body or authority established by or under any law or of a firm or company in which any part of the interest or sharer capital is held by or vested in the Government. 11. It is no bo..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. ......Mr. Subrata Chowdhury, the learned Counsel appearing for the respondent submitted that from the pleading and the evidence on record, both oral and documentary it is evident that the predecessor-in-interest Soudhamoni has been possessing the suit land inasmuch as B.S. Plot No. 7066 is different f..Category: Property Law | Date: | Hits: 29
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. ......y definite finding as to whether the original owner left the country when President's Order 16 of 1972 came into force and as to whether the absence from Bangladesh is prejudicial to the interest of the country. The High Court Division has held that the Court of Settlement is not compe..Category: Property Law | Date: | Hits: 37
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. ......ition of the defence witnesses, it is apparently clear that they could not disprove the case of the plaintiff. Rather, indirectly they admitted the case of the plaintiff and her predecessor-in-interest. 17. Our considered view is that the High Court Division without any cogent and leg..Category: Property Law | Date: | Hits: 31
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. ......uiry came to know all about the matter. The petitioner Bank has further stated that the disputed premises originally belonged to Md. Serajuddin who transferred his right, title and interest and possession of the same in favour of the Standard Bank Ltd. by a deed of conveyance da..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. ......za near Boharampur, Dohakul Mouza, chhaibari Mouza, near chhaibari Bazar unanimously. The Chairman 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..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. ......laintiff opted to encash the cheque for alleged mitigating its loss and thereby it had impliedly abandoned the contract. It further appears that, the plaintiff has in fact waived its right or interest in the suit property. After waiving its right, it cannot subsequently compel the..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: ......) requested the Secretary, Ministry of Agriculture to withdraw the cancellation order (Annexure-'O' to the writ petition) stating that as the writ petitioner was working in B.A.R.I. and for public interest, his transfer on deportation has been cancelled, but without any result. Then B.A.R.I. as ..Category: Employment/Service Law | Date: | Hits: 89
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: ......suit against the law of the land. The next submission that the High Court Division did not consider that the Government should not be made to suffer because some Government official acted against the interest of the Government at the behest of a private party to grab Government property and also the..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. ......the matter of preparation of briefs and paper books on behalf of the State. This is not only being disrespectful to the Court but the Government which should realize that ultimately it is the interest of the Government which suffers due to such bad work. 10. Be that as it may, the hea..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. ......ating false power of attorney her brother executed and registered false deeds in favour of the appellants and hunch the plan need to be cancelled as in the said suit not only right, title and interest but possessor interest of respondent No.4 is also involved. If in the meanwhile the appell..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. ......f the then BCCI, Dhaka and now Eastern Bank Limited (EBL) and deposited U.S. $ 6,000,000.00 in it being share subscriptions paid by the Government of Saudi Arabia. The said amount was placed in an interest bearing foreign currency time deposit accounts known as placement funds on weekly, monthly..Category: Others | Date: | Hits: 95
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. ......uch Mr. Lutfor Rahman Sarder had no locus standi to file this case for succession certificate. Since the ornaments were mortgaged with 'H. Dey Jewellers' the appellant had no right, title and interest in the mortgaged property and as such no succession certificate could be issued in f..Category: Property Law | Date: | Hits: 39
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. ......s' predecessor was not followed by any kabuliyat and as such those are forged and fraudulent documents and not acted upon. Hence on the basis of such pattas the plaintiff's or their predecessor-in-interest did not acquire any right, title and interest in the suit land. The further case of the de..Category: Property Law | Date: | Hits: 82
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. ...... judgment and order of the High Court Division, we are of the view is that although there is a will but unless and until it is proved in accordance with law, on the face of objection raised by any interested party (herein the appellant) a Probate cannot be granted on compromise and it is not per..Category: Property Law | Date: | Hits: 74
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......f the High Court Division rightly submitted that the said has been found that the suit land is out side the land acquired in L.A. Case No. 13 of 1959-60 and plaintiff respondents has right, title, interest and possession in the suit property and the same has not been acquired in L.A Case No. 71 ..Category: Property Law | Date: | Hits: 22
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.) ......le 49, as it may think fit. (5) The High Court Division shall not adjourn the trial of an election petition for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice. (6) The High Court Division shall try an election petition as ex..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......e wherein he executed and registered the deed on 2.2.86 and also as an exchange deed, as he had done earlier on 9.3.82 with that of schedule 1(kha) property. The defendants denied the right, title interest and possession of the plaintiff in schedule 1(ka) and 3(ka) properties. 4. The tri..Category: Property Law | Date: | Hits: 27
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