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....clear that the BCIC took the Open Insurance Policy to protect its various projects and enterprises. The plaintiff is one of those who are intended by the BCIC to benefit from the insurance. It is not disputed that the plaintiff had an insurable interest in the Cargo and it could be lawfully issued. ......ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
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Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....isions regarding contained in S. 96 of the S.A.T. Act the right of preemption accrued on a particular date and not from the moment of transfer. Though Ext. A (I) bears the No. 24655 and the disputed kabala bears the number 24656 i.e. the disputed kabala was executed later than Ext. A (I) I......The present O.P. being the petitioner brought the case for preemption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby she became a..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......shy;duced papers in support of their respective claims. The defendant petitioners stated that under the garb of the decree relating to holding No.91/1 of Sarat Chakraborty Road possession of the holding No.93 was taken. The contention was opposed by the plaintiff According to him the defendants..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....ate Judge, 3rd Court. Chittagong, in other Suit No. 193 of 1981, appointing a receiver. 2. Respondent No. 1 as plaintiff instituted the aforesaid suit for a declaration of his 1/2nd share in the disputed goods mentioned in the schedule of the plaint. Plaintiff's case in short is that d......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
....nor.
11. In the further affidavit on behalf of the petitioner dated 29.4.81, it has been stated that after harassing the petitioner in various ways, ultimately possession was given to him of the disputed property on 24.4.81, but the lone passage/entrance door/outlet/pathway of said land have be......e did not purge himself of the guilt for contempt of cout.
15. After perusing the petitioner and the affidavits including the annexures and hearing the learned advocates we find no difficulty in holding that opposite party No. 1 Abdur Rashid Khan, the then Sub-divisional Officer, Sherpur is gui..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
.... forthwith complied with the order. He further submits that the contemners have tendered unqualified and unconditional apology and have thrown themselves at the mercy of the court. 14. It is not disputed that the petitioner was arrested under order of respondent No. 1 on 18.11.78 and that he wa......s it was a Martial Law case copy could not be granted. 6. On 18.11.78 it is alleged that respondent No. 2 Mr. M.A. Rashid, S.D.O. (Sadar) Jamalpur was present at Sherpur Town, in connection with holding a meeting of the Exhibition Committee, when members of the Exhibition Committee urged him to..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......dation of a person. It has a reference to a person's classification or class. It is not dependent upon the emoluments a person receives as salary or otherwise. Drawing the same pay by two persons holding different postpone in Government service and the other in non-Government service do not make..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....gitation, they were inducted back and put in possession of the old hostel premises. 7. That the petitioner had acquired valid right, title and possession of the property in question has not been disputed anywhere by any authority. As a citizen of the country the petitioner was entitled to due p......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....Aviation & Tourism, Dacca Sb/-Illegible 4/11/78 (Abdur Naim) Deputy Secretary President's Division (Pub) President's Secretariat." 8. It has not been disputed by the learned Deputy Attorney General that item 73 of Schedule III quoted above remains in...... reduction in the rank of officers of whom the president is the appointing authority", are required to be placed before the President for approval. Similarly, the cases of suspension of officers holding posts, the maximum scale of pay of which is not below Tk. 2600/- per month are also required..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......iff would; be considered to have proved that he was the son of Gour Majhi and that being the position the plaintiff would be a co-sharer of the suit land and therefore would be entitled to partition, holding further that the absence of the name of the plaintiff in the rent receipts, S. A. Khatian an..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....ar of liberation of Bangladesh. The petitioners have of course challenged the alleged plea of the respondent No. 4 that he at all participated in the war of liberation of Bangladesh, but this being a disputed question of fact cannot be adjudicated and decided in this writ petition. 3. After the......of Municipal Corporation of city of Toronto and Attorney General of Ontario both reported in 1896 Appeal Cases at pages 88 and 348 were cited in the aforesaid decision of the East Pakistan High Court holding that there is always a basic distinction between prohibition or prevention on the one hand a..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......urt may determine the issue and record the necessary finding. The question is whether in the absence of any finding by the trial Court as to whether the pre-emptor is a person to whom transfer of the holding or a portion or share thereof as the case may be can be made under section 90, should the ap..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......l Court may determine the issue and record the necessary finding. The question is whether in the absence of any finding by the trial Court as to whether pre-emptor is a person to whom transfer of the holding or a portion or share thereof as the case may be can be made under section 90, should the ap..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......ff-respondent filed a suit for declaration of title and for recovery of khas possession of the suit land after evicting the defendants therefrom. 2. Admitted case of the parties is that the suit-holding belonged to Mohammad Jan who created a simple mortgage in favor of defendant No.11 Bhagyalal..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......r his heirs thus would not be bound to reconvey. Relying on this ruling the court of appeal below held that the suit for reconveyance at the instance of the heirs of the transferor was not competent, holding further that such a contract to repurchase at a subsequent uncertain date was also bad in la..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......dker Mahbubuddin Ahmed have candidly narrated before us the reasons and consideration which weighed with the Bar Council in refusing exemption as prayed for by the petitioner and other Advocates holding LL.M. Degree as per Bar Council resolution dated 31-1-81. The relevant Rule, rule 65-A(iv), ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......eposit and 75% by bank guarantee, but the Impugned Order being at variance with the terms of the contract is an error on the face of the record. The trial Court, however, rejected the review petition holding This Order has been passed consciously and deliberately keeping in mind the convenience and ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....nt footing. Defendant 3 executed kabala for his 1/3 rd share and that position was not assailed. He treated his contract on an independent footing. If that be the position which had not been disputed then rest is mere matter of conclusion that it stands on a separate and independent footin......ective then it would have held otherwise as to the quantum of the share of each individual contractee. The subsequent kabala by the Defendant No. 3 re-enforces the view that each one of them was holding equal share in the property, namely, 1/3rd share. No evidence was laid that the nature of t..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......was retired from active service under the Reorganisation Act, 1920. Mandamus was allowed by the trial Court, but was reversed by the Court of Appeal and this reversal was upheld by the Supreme Court, holding that the action of the President giving effect to the Order of the Secretary of War, was in ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......s members. It has been alleged that land acquired for the society will be divided into small plots which will be sold to the allotters after development keeping huge profits. We have no hesitation in holding that if this allegation is true, the requisition and acquisition will fail on this ground al..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
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