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Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......e, they come within the category of 'policy holders'. Section 46 of the Act of 1938 states that 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 co..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......rul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Mominul Islam...................................................Petitioner. Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Agriculture, Bangladesh Secretariat, Ramna, Dha..Category: Administrative Law | Date: | Hits: 192
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....isposal of the Rule are, that the petitioners as plaintiff instituted Title Suit No. 67 of 1992 in the Second Court of Subordinate Judge at Sylhet against the 19 (nineteen) defendants for a decree of declaration that the plaintiffs have got title in the suit land measuring about 15 acres, that order...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149....... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......ial Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Serajul Islam Bhuiyan (Md)……………………………………………………..Petitioner Vs. Bangladesh Water Development Board & others………………….Respondents. Judgment Ap..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....cal directors knew nothing about this meeting and the agreement of sale of shares. The legally elected chairman of the Company on being apprised of the matter has filed Title Suit No. 143 of 2003 for declaration, inter alia, that Mr. Nasir A Chowdhury is the legally elected chairman and for an order......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......upreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................Respondents Judgment August 20, 2003. Ca..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
.... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ...... any error in rejecting such belated objection. 11. In support of his case, he cited the University of Dhaka and others vs. Associated Engineers and Drillers 4 MLR (AD) 427, MOL Enterprise Inc vs. Bangladesh 4 BLC 407 and Bholanath Mullick vs. Mahadev Mullick 56 CWN 223. 12. Only issue facing ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......m of Association and Articles of Association. It is further contended that the Managing Director is the Chief Executive of the Bank who is appointed by the Board of Directors with the approval of the Bangladesh Bank and the Managing Director is also ex-officio Director of the Bank and he does not ha..Category: Banking Law | Date: | Hits: 158
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of storing and selling banned polythene shopping bags, violated the provisions of section 6 Ka of the Bangladesh Environment Conservation Act, 1995 (বাংলাদেশ পরিবেশ সংর..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....; Trading Company in former Rule as plaintiff instituted Title Suit No. 337 of 2001 in the Sixth Court of Assistant Judge at Dhaka against the petitioner, the Standard Bank and others for a decree of declaration that any payment by virtue of back to back letters of credit as described in the schedul......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55....... appeal then no difficulty is created by the word 'thereto'." 33. At the time of decision, provisions under section 115 of the Code of Civil Procedure were the same in Pakistan, India and here in Bangladesh. The High Courts in such countries were empowered to exercise the discretion of revision ..Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
.... of Section 42 of Specific Relief Act. The impugned decree passed by the lower appellate court declaring the termination of plaintiff's service as illegal and not binding on him and that the suit for declaration that he is still in service with the direction to allow him to continue in service in hi......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470....... several reported decisions of this Court cited in the case, which are binding on the Court below, including the High Court Division, under Article 111 of the Constitution of the People's Republic of Bangladesh, which the High Court Division ignored with an observation that "the decisions cited from..Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....ision in Civil Revision No. 2323 of 2009 making the rule absolute in part. 2. Facts relevant for the disposal of this petition are that the petitioner instituted Title Suit No. 302 of 2009 seeking declaration that any meeting or decision taken on any date including on 24th May, 2009 removing him ......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467...Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....rative Appellate Tribunal and the Administrative Tribunal overlooking this provision given the respondent gratuitous relief in excess of its' jurisdiction. More so, the respondent though sought for a declaration of the memo dated 31st December, 1996 as had been passed or made without lawful authorit......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......(2012) 201. ..Category: Administrative Law | Date: | Hits: 229
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378....... a further period of 6 months are affirmed. 28. Send a copy of this judgment to the Hon’ble Minister, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind p..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....or; that if no notice was served upon the Mutwalli or Waqf Administrator before filing of the suit and in case of any decree, the Waqf Administrator may apply the relevant court within 4(four) months declaration that the decree is void, hence service of notice before the institution of the suit was ......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......, Ministry of Land and others……………………………Respondents Judgment February 2, 1999. Case Referred To- Al Haj Bashar being dead his heirs Hosne Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11. Lawyers Involved: AKM Faiz, Advocate—For the Petition..Category: Property Law | Date: | Hits: 28
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ...... This Case is also Reported in: 52 DLR (HCD) (2000) 273. ..Category: Civil Law | Date: | Hits: 115
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....e. The defence has miserably failed to make the defence case probable. 31. Apart from the consistent and corroborative evidence of a host of competent and dependable witnesses there stands a dying declaration by victim Mohsena Khatoon. PWs 1-10 in one voice stated that after the occurrence victim......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... to examine whether the Ka schedule property exceeds 1/3rd portion of the properties left by late Alimuddin. 7. Heard the learned Advocates. In the plaint the plaintiff, amongst others, prayed for declaration that she is the absolute owner of the property described in schedule Ka of the plaint by......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....for adjudication of the above issues. Of course, there is no scope in such suit to raise and decide the title of such third party and therefore, there is no chance to convert the suit into a suit for declaration of title. 15. Moreover, when such third party claims to be in possession, the Court i......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271....... Azizul Hoque, Advocate—For Respondent No. 2. Writ Petition No. 535 of 1994. Judgment Kazi A T Manowaruddin J. - This Rule under Article 102 of the Constitution of the Peoples Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated ..Category: Labour and Industrial Law | Date: | Hits: 117
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