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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." ......ent and decree dated 31.7.1994 passed by the Subordinate Judge, First Court, Khulna in Money Suit No. 24 of 1989 filed by the appellant. The learned Subordinate Judge decreed the suit for the full amount of Tk. 47,13,905.70. 2. The appellant as plaintiff filed the suit stating inter alia,......11.88 at 8.35 a.m. resulting in the deterioration of stock of shrimps and that the suit was not barred under clause 8B of the Insurance Policy and the plaintiff was entitled to get a decree of the money claimed. 6. The defendant respondent No. 1 filed First Appeal No. 277 of 1994 against..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
.... liberty without prejudice to any other rights that he may possess, after giving one calendar month's notice in writing to determine the lease under these presents reenter into or upon the whole of the demised property or any part thereof and take possession thereof including ......ushra Complex Ltd. being bonafide purchaser for value from Bazlur Rahman and there being no suit or pending appeal at the relevant time, it took possession of the suit plot and invested large amount money for development and improvement of the property. The respondent Nos. 1-7 were awa......omplex Ltd. being bonafide purchaser for value from Bazlur Rahman and there being no suit or pending appeal at the relevant time, it took possession of the suit plot and invested large amount money for development and improvement of the property. The respondent Nos. 1-7 were aware of s..Category: Property Law | Date: | Hits: 30
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. ......ich Criminal Appeal No. 17 of 1996 arose, the High Court Division found that the instant case was filed to put pressure on the Managing Director and hence the further prolongation of the case will amount to an abuse of the process of the Court. 15. In the circumstances, we find that the Hi...... 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. ..Category: Criminal Law | Date: | Hits: 40
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......hat the court of appeal below having found that as per recitals in the disputed deed it is a deed of exchange and no oral evidence contrary to the same was admissible and no consideration money was paid. The High Court Division acted illegally in reversing the judgment and de..Category: Property Law | Date: | Hits: 33
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. ......968 wherein the lessee constructed a structure and mutated his name in the Government Sherestha. On the basis of deed of agreement dated 21.6.1976 respondent agreed to purchase the said land and an amount of Tk. 8,500/- was paid as advance out of total consideration of Tk. 9,000/-. Upon Gha......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. ..Category: Property Law | Date: | Hits: 37
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. ......tter dated 13.9.97 asked the aforesaid heirs to deposit a total sum of Tk. 77,876.00, the arrear premium which had fallen due against the above premises; on 11.1.1988 the heirs deposited the entire amount of Tk. 77,876.00 and also submitted the succession certificate dated 16 March, 1977 iss......65 and obtained the certified copy of the deed of conveyance only on 4.8.1993 i.e. after issuance of the Rule on 13.7.92, there is something fishy in the above deed of conveyance; the balance money due against the lease having not been deposited before execution of the deed of conveyance da..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: ......d to sell her property at Khilgaon under Ramna Police Station at a consideration of Tk. 6,80,00,000/- with the accused. At that time a sum of Tk. 80,00,000/- was paid by pay order. For the balance amount the accused-petitioners issued a Cheque bearing No.1958151 for an amount of Tk. 3,04,00,000/......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 47
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. ......2, National Bank Limited, Motijheel Branch, Dilkhusa Commercial Area, Motijheel, Dhaka as plaintiff filed a Money Suit No. 84 of 1990 in the Court of Subordinate Judge, 3rd Court, Dhaka claiming an amount of Tk.5, 52, 60,832.43/- The said amount according to the plaintiffs bank arose out of L/Cs ......ector including Managing Director is not liable for the debts and liabilities of the company as per law enunciated in case of Saloman Vs. Saloman and Co. Ltd. (1887) A.C.22. 6. The aforesaid money suit was renumbered as Money Suit No. 523 of 1990 and subsequently renumbered as Money ..Category: Civil Law | Date: | Hits: 106
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. ......in the said tender the "Kha" schedule property had been included in item No.6 and after publication of the said tender notice the plaintiff had submitted a tender on 20.07.1992 amounting to Tk. 6, 02, 51,000.00 and as per the terms and conditions of the tender the plaintiff h...... the plaintiff had submitted a tender on 20.07.1992 amounting to Tk. 6, 02, 51,000.00 and as per the terms and conditions of the tender the plaintiff had deposited Tk. 60, 25,100.00 as earnest money in the Government Treasury. The plaintiff had been the highest bidder in respect of the prop..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....or hearing on merit. 9. It was noted in the leave granting order that the suit in the civil Court was barred under Section 14A of the (Emergency) Requisition of Property Act, 1948 and as such the whole proceedings was without jurisdiction. 10. It was also submitted that the petitioner-appell...... 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: ...... 37/50-51 is illegal and unlawful and further for a decree to direct the defendants by mandatory injunction to release the suit property in favour of the plaintiffs by receiving back the compensation money. 3. The summons was duly served and the defendant entered appearance and took several date..Category: Limitation Law | Date: | Hits: 241
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......e for recovery of Tk. 19,80,076.88 in Mortgage Suit No. 52 of 1992. Lands and buildings including machineries of the judgment-debtor (respondent No.4) were put to auction sale to realize the decretal amount. Auctions were held thrice. In the first auction no bidder participated. In the second auctio......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..Category: Civil Law | Date: | Hits: 92
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......0 acknowledging payment of Tk. 40,000.00 only paid by the plaintiff-petitioner out of the said consideration money as earnest money stipulating therein the condition that on payment of the balance amount of Tk. 20,000.00 by the plaintiff vendee to the vendor within 6(six) years the latter would ......on 19.9.1981 in favour of the plaintiff-petitioner to sell the suit land at Tk. 60,000.00 acknowledging payment of Tk. 40,000.00 only paid by the plaintiff-petitioner out of the said consideration money as earnest money stipulating therein the condition that on payment of the balance amount of T..Category: Property Law | Date: | Hits: 36
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. ......he Establishment Ministry and granted time scale on the basis of his past service and as such denial of the same benefits to the respondent would be violative of Article 27 of the Constitution and amount to application of a double standard. The learned Advocate representing the opposite par......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 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. ......ed the plan on 16-11-89. Upon the appellants application the plan was re-sanctioned on 9-2-93. While the appellant constructed the multi storied building up to the 4 floor after investing huge amount of money respondent No.4 again objected to RAZUK against the sanctioning of the plan, whereu......n on 16-11-89. Upon the appellants application the plan was re-sanctioned on 9-2-93. While the appellant constructed the multi storied building up to the 4 floor after investing huge amount of money respondent No.4 again objected to RAZUK against the sanctioning of the plan, whereupon witho..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. ......t the principal office of 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 ......respondent No. 2 continued to press its demand but the appellant refused to entertain the request and in that situation the respondent No. 2-SABINCO filed the aforesaid suit for realization of money with interest and costs. 4. The summons of the suit were duly served upon the appellan..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. ......ular legislation where the definition of debt was required to be given and as such word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement or an amount due or payable from one person to another in return for money but is liability owing from on......n given various meanings with reference to particular legislation where the definition of debt was required to be given and as such word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement or an amount due or payable from one person to anot..Category: Property Law | Date: | Hits: 39
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......ment the aforesaid submissions have no merit. The learned Counsel for the petitioner could not point out an error apparent in our judgment which needs correction since continuation thereof would amount to injustice to the petitioner. In the background of the aforesaid discussions we find n......ter of the Title Suit No.50 of 1984 and thus defendant No.1 has been put into impossibility to fulfill the contract, that the plaintiffs at no point of time offered the balance of the consideration money for execution and registration of the sale deed, rather they prayed for extension of tune. ..Category: Property Law | Date: | Hits: 67
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re the tenant has done any act of section 108 of the Transfer of Property Act or in absence of any contract, the tenant has without consent is writhing of the landlord, sublets the premises in whole or in part, or where the tenant has been guilty of conduct which is a nuisance or any annoya......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......ot available and accordingly defendant offered rent for the months of January and February, 1994 on 01.03.1994 but the landlord refused to accept rent and thereupon rent was remitted by postal money order on 01.03.1994 and 06.03.1994 for the respective months and the money orders so sent hav..Category: Property Law | Date: | Hits: 23
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....the trial court and as such the High Court division in its revisional jurisdiction did not commit any error of law in reversing the judgment and decree of the lower appellate court. 11. The whole argument of Mr. T. H., Khan is that entire land was not acquired in L.A. Case No. 13 of 1959-......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. ......cefully. The Government of the People's Republic of Bangladesh Acquired 14.70 Acres of land out of 23.43 acres in L.A. Case No. 13 of 1959-60 and Abdul Hakim (respondent) received compensation money for .92 decimals and hence 28 decimals of land in the share of the said plaintiff respon..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
.... candidate is void; (b) that the election of the returned candidate is void and that the petitioner or some other person has been duly elected; or (c) that the election as a whole is void. (3) Every election petition and every schedule or annex to that petiti......ppellant, Giasuddin Quader Chowdhoury, Presented the aforesaid Election Petition No. 3 of 2001 before the High Court Division against the respondent No. 1 and others accompanied by a deposit of an amount of Tk. 2000/- (taka two thousand) as security cost of the said petition through his learned ......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.) ..Category: Election Law | Date: | Hits: 312
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