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Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....uit. The High Court Division further modified the decree of the Trial Court by allowing interest at the statutory rate from the date of the decree passed by the High Court Division by ignoring the provisions of section 47B of the Insurance Act. 7. Leave was granted on the submissio...... respondents are liable to compensate. Restoration of the power line within seventeen hours in the manner not helping restoration of the power in the cooling plants is no restoration in the eye of law. The plaintiff appellant is entitled to the statutory interest under section 47B of the Insuran..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......e of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be reje..Category: Property Law | Date: | Hits: 52
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......ree dated 23 January 1992, set aside the said appellate judgment of reversal and restored that of the trial Court on the view that the judgment of the lower appellate Court suffered from errors of law. 7. The contesting defendants now seek leave to appeal from the said judgment of the Hi..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... whether the case property was an abandoned property or not. As the property being found not abandoned property, the rival claimants are to establish the extent of their ownership in due process of law, if not already determined. …………………(9) ..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ling of the products of both parties. The said suit is still pending and the order of status quo subsists. Now a contradictory order has passed in another suit and the High Court Division erred in law in maintaining the order of injunction passed by the learned Additional District Judge without ..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
...., learned Advocate appearing for the defendant-petitioner, submits, first, that the notice that was served under section 106 of the Transfer of Property Act was not sufficient as there was a specific provision in the original agreement of tenancy with the original owner, the mother of the plaintiff,...... of Property Act was dated 8-11-87 and the same was served on 9-11-87 on the defendant terminating the tenancy with the expiry of 30-11-87 and consequently 15 days’ notice as contemplated under the law was given in the instant case. It is true that in the original agreement of tenancy with the pla..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......have been settled concurrently by the trial Court and the High Court Division on a detailed assessment of the evidence, both oral and documentary. The learned Counsel could not make out any breach of law or of procedure in the findings of the courts below. The expert’s opinion is not a substantive..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
.... of dispossession and that the order of return of the plaint being an appealable order, the revision itself was incompetent. 7. Leave was granted to consider, first, as to whether in view of the provision of Order VI rule 17, CPC the learned Judge was justified in holding that in the absence of......in holding that the revision was incompetent. 8. Mr. Akram Hossain Amin, learned Advocate-on-Record for the appellant, submits that the High Court Division has misconceived the very principle of law relating to the amendment of the plaint. 9. Order VI rule 17 CPC provides that the Court ma..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......an defendant No. 2 along with he himself as the donee. It is asserted in the plaint that defendants Nos. 1-3 have no right, title and possession in the Suit land. 2. Defendant No. 3 and her son-in-law defendant No. 1, who is also a brother’s son of Haji Abdullah contested the Suit by filing a j..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....e nikah registration area of the petitioner has not been done unlawfully by the Government. 4. The learned Judges of the High Court Division by the impugned Judgment and Order held that the second provision to section 4 of the Act authorizes the Government to extend, curtail or otherwise alter th......by the Government in exercise of its powers under section 4 of the Act and, as such, the curtailment of said Anjadhat Union area from the nikah registration area of the petitioner has not been done unlawfully by the Government. 4. The learned Judges of the High Court Division by the impugned Judg..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....72, hereinafter referred to as the Order. One of the grounds urged was that, the Returning Officer and the Assistant Returning Officers were impleaded in the election petition in contravention of the provisions of article 50 of the Order. The other ground was that, the reliefs claimed in the electio......er is now seeking leave to appeal from the said order of the High Court Division. 8. The learned Counsel for the petitioner first contends that the High Court Division has fallen into an error of law in holding that there has been no non-compliance with the requirements of the provisions of arti..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....le is regulated by the customs and usages of the tribe. Fitness as well as seniority are to be considered as a custom in recognising a person as the Chief of the Bohmong Circle. In the absence of any provision in the Chittagong Hill Tracts Regulation, 1990 or in the Rules made thereunder the Deputy ......tion. If so made judiciary will not intervene. If extraneous considerations have influenced the executive decision the court has certainly the power to declare the selection to have been made without lawful authority, all the more so, because government will also not deny that the susceptibilities o..Category: Civil Law | Date: | Hits: 203
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......owed by a learned Single Judge of the said Court on 3 April, 1995. 3. The defendants now seek leave to appeal from the said order on the ground that the High Court Division committed an error of law in setting aside the concurrent judgment and decree of the Courts below while according permissi..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......ession of the plaintiff-respondents in the suit land, which have been maintained by the High Court Division, finds it difficult to assail the Impugned judgment of the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. ..Category: Property Law | Date: | Hits: 73
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....was filed in the meantime on 15-1-1992 when the High Court Division was in seisin of the aforesaid revision case. The appellant raised objection to the award taking various grounds including that the provision for arbitration was not applicable because the agreement itself became ineffective and tha......lid. The appeal was accordingly dismissed by the impugned judgment and order. 9. Leave was granted to consider whether the aforesaid findings of the High Court Division were contrary to facts and law applicable in the matter and further whether the award was otherwise vague and unenforceable and..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....ee) minor children to the custody of the writ-petitioner by 12.00 noon of the following day. The operation of the impugned judgment and order was, however, stayed by this Division following filing of provisional petitions for leave to appeal from the said judgment. 16. Leave was obtained by the ...... 4 writ petitions under Article 102(2) (b)(i) of the Constitution of the People’s Republic of Bangladesh alleging that the said children were being held in custody by the father Abdul Jalil without lawful authority and/or in an unlawful manner and further seeking an order for the custody of those ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....with reference to Order 3 rule 1 of the Code of Civil Procedure and with regard to the appellant’s conclusion that the son of the appellant was not a recognised agent as contemplated under the said provision of law. Consequently, the appeal is dismissed without any order as to costs and the su......No.4 was added as a defendant by the trial Court. 6. The trial Court on consideration of the materials on record both oral and documentary held as follows: “I hold and decide that plaintiff lawfully entered into a contract of purchase of the suit land from defendant Nos. 1 and 2 by Ext. 1 ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ...... 1979 on 27-9-84, reversing the judgment and decree dated 30-6-79 passed by the Munsif 2nd Court, Kushtia in TS No. 68 of 1977. 2. The plaintiff who is the mother of defendant No. 2 and mother-in-law of defendant No.1 filed the suit against them for a declaration that registered kabala dated 17-..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumption of there being a marriage in law and observance of essential ceremonies even though every aspects of the elaborate program of the..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... the Special Promotion Committee, as the case may be. Mohammad Ismailuddin Sarker. J found that the writ petitioners did not press this ground. Naimuddin Ahmed, J found that Rule 5 was subject to the provisions of Schedule II which show that the posts of Deputy Secretary, Joint Secretary and above a....... These notifications have the precision of rules and are general in nature in their application to promotion to the posts of Joint Secretary and above and Deputy Secretary and they have the force of law…………..(42) The Constitution of Bangladesh, 1972, Articles 27, 29 (1) and 55 (4) (..Category: Constitutional Law | Date: | Hits: 185
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