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Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....ently suppressed by the policy knowing them to be false. Section 46 of the Act, empowers a holder of policy to sue for any relief in respect of the policy in any Court of competent jurisdiction in Bangladesh; and if the suit is brought in Bangladesh any question of law arising in connection with ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..

Category: Business or Commercial Law | Date: | Hits: 190

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

....ul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- Bangladesh Chemical Industries Corporation Vs. Registrar Joint Stock Companies and another, 39 DLR 1...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being in conformity with the provisions of the Articles of Association, in particular Articles 26 and 27, of the Chamber and why the said impugned resolutions ..

Category: Others | Date: | Hits: 123

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

....on 2(9) of the Act has, however, defined ‘insurer’. Section 46 of the Act, reads: “46. The holder of a policy of insurance issued by an insurer in respect of insurance business transacted in Bangladesh after the commencement of the Act shall have the right, notwithstanding anything to the c......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......survey jointly and submitted their report on 15-07-92. In the report, the loss was assessed at Taka 22,45,360.00. 5. As per demands of the defendant, the plaintiff submitted the report of the Fire Service Department dated 16-04-92, of the Police dated 15-10-92, of the Surveyors dated 15-07-92 and......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..

Category: Business or Commercial Law | Date: | Hits: 211

Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)

....ess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......r Bangladesh Inland Water Transport Corporation Order, 1972 (President’s Order No.28 of 1972) for the purpose of operation, Promotion, Development of Coastal and Inland Shipping and Water Transport Services and business in Bangladesh and is the owner of the Tanker T-1049. The defendant M/S Broadwa......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....in the plaint. It has been asserted further by the defendants that the vessel MV CHOSUN HOPE loaded the cargo of the plaintiff at the LIAN YOUNGANG Port, China for discharging the same at Chittagong, Bangladesh and accordingly, the said vessel sailed from the loading port from China on 29.5.1997 and......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)

.... court directed to the trial court to make an arrangement to produce the victim Tamima Akhter Mitu and her father Mamunur Rashid along with Birth Register Book of the Registry office of Government of Bangladesh to confirm the date of birth as alleged to be dated 23.01.2008 or not. Accordingly today ......nd the victim surrendered before the court below, but by the order dated 8.6.2010 the learned Magistrate took custody to accused Mustafizar Rahman along with the victim and the victim was sent to the Judicial Custody. Thereafter the petitioner filed this application under section 491 of the Code of ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)

....tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......No. 149 of 2010 arising out of G.R. Case No. 132 of 2009 corresponding to Jhaldhaka P.S. Case No. 06 dated 19.12.2009 under section 302/34 of the Penal Code, now pending in the court of learned Chief Judicial Magistrate, Nilphamari. 2. The petitioners were brought to the trial under section 302/3......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 71

Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)

.... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......sed petitioner should not be enlarged on bail in G.R. Case No. 10 of 2010 arising out of Karanigonj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought to the tri...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Gias Uddin Vs. State, 2011, 40 CLC (HCD)

....make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......not be enlarged on bail in G.R. Case No.25 of 2010 (Chandina) arising out of Chandina P.S. Case No.06 dated 12.02.10 under section 395/397 of the Penal Code, now pending in the Court of learned Chief Judicial Magistrate, Comilla. 2. The petitioner was brought to the trial under section 395/397 of......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Jamsher Ali Vs. State, 2011, 40 CLC (HCD)

....to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ld not be enlarged on bail in G.R. Case No.12 of 2008 arising out of Chatmohar P.S. Case No.3 dated 22.2.2008 under section 143/447/323/325/302/34 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Pabna. 2. The petitioner was brought to the trial in a case under sections 1......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 63

Ershad Vs. State, 2011, 40 CLC (HCD)

....ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ......se No.191 of 2010 corresponding to Golapgonj P.S. Case No.25 dated 26.06.2010 under sections 143/447/341/ 323/324 /326/307/379/427/114 of the Penal Code, now pending in the Court of the learned Chief Judicial Magistrate, Sylhet. 2. Prosecution case in short is that one Md. Joynal Abedin lodged an......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ..

Category: Criminal Law | Date: | Hits: 53

Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)

....ance in the submission made by the learned Senior Advocate Dr. M. Zahir that unless the foreign Bank is satisfied the counter guarantee is required due to the order passed by the highest judiciary of Bangladesh they may not issue the same in favour of the local Bank. Therefore, this Court finds that......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......gistry in order to guide them in future. Ed. This Case is also Reported in:......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:..

Category: Admiralty Law or Maritime Law | Date: | Hits: 191

Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)

....……… …………………………Plaintiff Vs. M.V. TITU-5 and others …………………………...... Defendants Judgment January 17, 2010. Case Referred to- Islami Bank Bangladesh Ltd. Vs. Meng Horug Shipping Pte. Ltd. and others. Lawyers Involved: S. K. Siddique......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 196

Md. Ayub and others Vs. State, 2011, 40 CLC (HCD)

....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......nlarged on bail in G.R. Case No. 267/2007 corresponding to Companiganj P.S. Case No. 02 dated 05.03.2007 under section 302/326/307/436/440/201/34 of the Penal Code, now pending in before the Court of Judicial Magistrate Cognizance Court No. 2, Noakhali. 2. Facts relevant for disposal of the rule ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 48

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

....Holding No.74 Motijheel Commercial Area, Dhaka was declared as an Abandoned Property under President’s Order No.16 of 1972 and accordingly, it vested in the Government of the People’s Republic of Bangladesh namely, defendant No.1. The defendant No.1 also recognised the plaintiff as tenant of the......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......t and the plaintiff is the respondent in these two appeals. 2. Facts relevant for the purpose of disposal of these two appeals are that, the plaintiff is the successor-in-interest of Messers Lucas Service (Pakistan) Limited conducting the business of manufacture of batteries in the ground floor o......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..

Category: Tenancy Law | Date: | Hits: 135

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

....00) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

....claration of his title in the suit property, measuring an area of 0.35 acres of land against the defendant No.1 Noor Mohammad, his mother defendant No.2 Mst. Samala Bibi, defendant No.3 Government of Bangladesh and defendant No.4 Assistant Commissioner (Land) Rupgonj, Narayangonj. The said suit was ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 74

Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

....t-Jessore, Ex-Assistant Teacher, Hogladanga Government Primary School, Upazilla-Monirampur, District Jessore…………………..Petitioner Vs. 1. The Government of the People’s Republic of Bangladesh represented by its Secretary, Ministry of Education (Primary and Mass Education), Banglad...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ...... a Teacher of the Primary School. But by the impugned letter dated 9.7.2003, the Director General Primary Education, respondent No.2 refused his prayer on the ground that by the implication of Public Service Retirement Act,1974 the petitioner is not entitled to obtain re-employment and hence the wri...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ..

Category: Employment/Service Law | Date: | Hits: 70

Md. Mahabubur Rahman Vs. Government of the People’s Republic of Bangladesh and other, 2010, 39 CLC (HCD)

....sdiction) Present: AFM Abdur Rahman J SM Emdadul Huque J Md. Mahabubur Rahman………………………………………Petitioner Vs. The Government of the People’s Republic of Bangladesh and other….... Respondents Additional Deputy Commissioner (Revenue), Rajshahi……â...... writ petition. Therefore this application merits no consideration. In the result, the review application is rejected. SM Emdadul Huque J. - I agree. Ed. This Case is also Reported in: ...... writ petition. Therefore this application merits no consideration. In the result, the review application is rejected. SM Emdadul Huque J. - I agree. Ed. This Case is also Reported in: ...... writ petition. Therefore this application merits no consideration. In the result, the review application is rejected. SM Emdadul Huque J. - I agree. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 62

Enu Miah and others Vs. State, 2011, 40 CLC (HCD)

....it the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......should not be enlarged on bail in G.R. Case No. 53 of 2010 corresponding to Madhabpur P.S. Case No.8 dated 10.03.2010 under section 395/397/412 of the Penal Code, now pending before the learned Chief Judicial Magistrate, Cognizance Court, No.5, Habigonj. 2. The petitioners were brought to the tri......it the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......it the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 56