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....ellant, has taken us through Clause 18 of both the Fire Insurance Policies issued by the Adamjee Insurance Co. Ltd. and the Eastern Federal Union Insurance Co. Ltd. Clause 18 is in s. E.F.U. INS. CO. identical terms in both the insurance policies and may be quoted as hereunder :—
"18. If any di......e companies to pay the amount under award to the claimant. The learned Single Judge modified the award in the first place holding that the Arbitrator could only decide the amount of loss or damage in question and had no authority to decide the liability of the insurance companies under the relevan......tor.
No other point has been urged before us by the appellant.
We therefore find no ground for interference in these appeals.
In the result all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Ca..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......sum total evidence of the prosecution triggers off a high degree of probability that the accused alone have murdered the victim or aided some unknown assailants who did away with Akal Miah is a big question in this case to be decided. 12. Let us analyse the evidence a bit more carefully so th...... Penal Code requires instigation of murder which afterwards culminates in the commission of murder. 8. Points involved in this appeal are whether the charge of abduction is sustainable under the facts and circumstances of the case and further whether the accused-appellants have abetted the offe..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115....... a serious error of law occasioning failure of justice in not taking into consideration the material point raised in the said appeal. He contends that the learned appellate Court did not decide the question whether the pathway was used as of right or the same was being used with consent only. In s......ove the dominant owner, if uses the, pathway over statutory period, as casement of necessity the plaintiff might get a decree. 12. Such variegated questions must be scrutinized with reference to facts and evidence of each case while deciding the question of prescriptive right of pathway. 13...Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......te, Rangpur. 5. Affidavit-in-reply was also filed on behalf of the petitioner controverting the statements and averment made in the affidavit-in-opposition asserting that the suspension order in question was issued by way of misusing the power by the prescribed authority in violation of statu......e Chairman of Mithapukur Upazila Parishad under section 134(1) of the Local Govt. (Thana Parishad and Thana Administration Reorganisation) Ordinance, 1982 and obtained the instant Rule. 3. Short facts giving rise to the Rule are: The petitioner was elected as Chairman of Mithapukur Upazila P..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ...... acquitted by the trial Judge of the charge of dacoity, the Government had not preferred any appeal against the order of acquittal as provided under section 417 of the Code and as such the material question is, can this suo motu Rule be issued from this Court in exercise of High Court's power of r...... G.R. Modasir Hossain, the learned Deputy Attorney-General submitted that the Government will prefer appeal in the present case against the acquittal of accused petitioner Jalaluddin. 3. The short facts that will be necessary for disposal of both the Rules, are that the petitioner Jalaluddin ..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......Syed Ishtiaq Ahmed has drawn my attention to the case of Rashid Ahmad Vs. Barkat Ali, PLD 1968 (SC) 301 in this connection. In the said case the Supreme Court observed as follows:— "Now, the question is whether in the fact and circumstances of the case the Tribunal was justified in declarin......ths and still serving the sentence, or possibly holding an office of profit under the Crown. If, however, the disqualification is not notorious and depends on legal argument or upon complicated facts and inferences it would appear that even though the candidate may be unseated by reason of his..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......Order 7, rule 11 C.P.C. 5. On appeal the learned Additional District Judge found that without taking evidence in the matter the learned Subordinate Judge; could not have given any decision on facts. He found that the learned Subordinate Judge has rejected the plaint without recording evidenc..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......8 (AD) 89, in which the Appellate Division has held that in issuing a Rule Nisi in a habeas corpus writ petition it is the detention of the detenu itself against which relief is sought. It is not the question of order of detention. The constitutional power vested by the Constitution in the High Cour...... no order of detention was passed by any District Magistrate or any Additional District Magistrate detaining the detenu. This only shows that the detaining authority has not applied its mind to the facts and circumstances of the case and has acted mindlessly, nervously and desperately to keep ..Category: Criminal Law | Date: | Hits: 107
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......a Court having pecuniary jurisdiction to try this case. Now the pecuniary jurisdiction of the Assistant Judge (earlier named as Munsif)has been increased. On getting the case record back on remand, a question may arise, that the Court had now acquired the pecuniary jurisdiction to try the case. But ......sdiction to try the case. 9. Heard the learned advocate for both the sides and pursued the impugned Judgment and decree of the Appellate Court. I find that the Appellate Court being final Court of facts have categorically found that the learned Upazila Munsif had no pecuniary jurisdiction to try ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......legal heirs. The said sons of late Abdul Jalil obtained nationality certificate from the Ministry of Home Affairs and made a representation to the authority concerned for not treating the property in question as abandoned but it was of no effect. The said sons of Abdul Jalil sold, the said property ......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......tate. Criminal Revision No.1127 of 1994 with Criminal Revision No.1129 of 1994. Judgment Mahmudul Amin Chowdhury J.- These two Criminal Revisions are taken up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994......vision No.1127 of 1994 with Criminal Revision No.1129 of 1994. Judgment Mahmudul Amin Chowdhury J.- These two Criminal Revisions are taken up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were issued a..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148....... to the Sessions Judge or the Special Tribunal to pass an order stopping further investigation and releasing the accused person. It has already been noticed that the accused persons did not raise the question before the Magistrate concerned that time limit for investigation expired and proceedings w......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......iminal Law Amendment (Amendment) Ordinance, 1987 came into force. We have already seen that the trial of the case did not commence as no charge was framed against the accused persons. So there was no question of concluding the trial within 270 working days by the Special Judge although the case was ......d not be framed due to abscondence of the petitioner and another accused persons till 4.11.89 when the Special Judge stopped the proceedings of the case and released the accused persons. In the above facts and circumstances, we are of the view that though the proceedings of the case was pending befo..Category: Procedural Law | Date: | Hits: 99
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......nt No.1 in holding the office of the Judge of Supreme Court of Bangladesh and also his authority in holding the office of the Chief Election Commissioner of Bangladesh at the same time, a substantive question of law as to the interpretation of the constitution of the Republic has arisen. The learned...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
..
Category: Procedural Law | Date: | Hits: 136
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
.... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... passed by the learned Session Judge, Khulna in Session Case No. 53 of 1992. In respect of taking cognizance against the petitioner and issuance of warrant of arrest against him. 2. The following facts are relevant for the disposal of the rule. One Molla Younusur Rahman on 24.3.91 lodged a First..Category: Criminal Law | Date: | Hits: 92
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......oon after the victim was hit by a bullet he told him (P.W.2) that it was the appellant who fired at him. P.Ws.4 and 5 deposed that while carrying the victim to the hospital by a tempo he hold them on questioning that appellant fired at him. Mr., Huq then submits that the evidence of these three P.Ws......g a decision of the Privy Council reported in 50 CWN 353 it has been held that statements recorded under section 164 of the Code of Criminal Procedure cannot be treated as substantive evidence of the facts stated therein. 9. Mr. Huq lastly, cites decision reported in 6 BCR (AD) 225 wherein it has..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......vocate ‑ For Petitioner. Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civil Revision No.322 of 1993 Judgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Baza......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......th SS Sarker, Advocates - For the Petitioner. A J Mohammad Ali, Advocate ‑ For the Opposite Parties. Civil Revision No. 994 of 1989. Judgment Abu Sayeed Ahammed J.- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscella......ve land while registering the deed of exchange purportedly on the same daft. Both of the them again reconvened the sod 0.01 acres land to said Habibur Rahman by deed 2528 on the same date. From those facts and circumstances the Pre‑emptor made allegation that it is not exchange rather it is a sale..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......hereby rejected those summarily. Abdul Hasib J, however, held otherwise and by a separate judgment Hasib J came to a finding that these Writ petitions did make out a case which involves a substantial question as to the interpretation of the provision of the Constitution and requires examination and ......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......t the suit as framed is not maintainable and the plaint of the same ought to have been returned to the plaintiff under section 23 of the Small Cause Courts Act as it involves the determination of the question of title, but the learned Small Causes Court's Judge committed serious error of law in dete......Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small Cause Court Suit No.1 of 1977. 2. The short facts giving rise to the Rule may be stated as follows: The opposite party as plaintiff filed ..Category: Civil Law | Date: | Hits: 140
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