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....oke out due to an accident and thereupon decided the liability of the insurance 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 au......ed herein or endorsed or otherwise expressed hereon which Conditions shall so far as the nature of them respectively will permit be deemed to be Conditions precedent to the right of the Insured to recover hereunder) that if after payment of the premium the Property insured described in the Schedule,..
Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....Chairman of Mithapukur Upazila Parishad but he denies the petitioner's contention that charge of misuse of power, corruption and misconduct is unfounded and petitioner has been victimised without holding any enquiry which is an essential prerequisite under the statute. The learned Deputy Atto...... 67 of 1988. Judgment Habibur Rahman Khan J. - This Rule Nisi was issued calling upon the Respondent to show cause as to why the order dated 17.10.87 issued by the Secretary, Ministry of Local Government; Rural Development and Co-operative, Local Govt. Division vide Memo No.Sha 8/IP-277/87/174..Category: Others | Date: | Hits: 175
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....le. 7. Mr. Md. Azizul Hoq, the learned advocate appearing on behalf of the petitioners, submits that the appellate Court have categorically found that the learned Munsif committed an illegality in holding trial of the original suit which was beyond his pecuniary Jurisdiction and as such the Judgm......he petitioners being plaintiffs instituted the aforesaid Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the opposite parts as defendants for a declaration of and recovery of khas possession with respect to 05 decimals of land of the suit land as mentioned in the sc..Category: Property Law | Date: | Hits: 96
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....nd on hearing the learned Advocates of both the sides we hold that the direct filing of such petitions by police, officials is highly incompetent and this cannot be entertained. 12. Now as regards holding of further investigation, the appropriate provision is section 173 (3B) of the Code of Crimi......eading to Criminal Revision No.1127 of 1994 is that on 16.4.93 accused-petitioner as informant lodged First Information Report with Tungibari Police Station against 33 accused persons alleging that over election of two teachers representatives of a local High School there was a tension prevailing ..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....ersons raised objection as to submission of charge-sheet beyond the specified time. By order passed on that date learned Sessions Judge (Special Tribunal) upheld the contention of the accused persons holding that further investigation was stopped after 2.4.90 and the accused persons were entitled to......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
....ice for constitution of larger Bench.
2. Mr. M I Farooqui, learned Advocate appearing for the petitioner contended that since the petitioner, has challenged the authority of the Respondent No.1 in holding the office of the Judge of Supreme Court of Bangladesh and also his authority in holding the...... 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.
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Category: Procedural Law | Date: | Hits: 136
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....oner is that the sale in question is pure and simple exchange and the deed is accordingly Prepared, executed and registered and was acted upon and that the pre-emptor is not a co‑sharer in the case holding. 4. Trial Court dismissed the pre-emption petition on the ground that the pre-emption cou......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...Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....nsequent show cause notice as prayed for Fazle Hossain Md. Habibur Rahman J the Senior Judge of the Bench for reasons stated in his Judgment dated 25.11.91 rejected all the 3 writ petitions summarily holding that section 4 of Act 27 of 1991 is a proper valid piece of legislation and the election o......licy as envisaged in the preamble of the Constitution of Bangladesh and it also come into conflict with Article 11 of the Constitution preventing the effective participation in the administration of Government by the people through their elected representative. It also offends against Article 7 of t..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
.... The opposite party as plaintiff filed SCC Suit No.1 of 1977 in the Court of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka' schedule property including the......ver got the suit property by way of exchange and that the papers including the power of attorney in respect of the alleged exchange are forged; that the plaintiff has got no right, title and interest over the suit property and he has no bonafide requirement as alleged. Hence the suit is liable to be..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....t No.5 to cause an enquiry into the affairs of the union and for taking steps for de‑registration of the union. The respondent No.5 by a letter dated 20th January, 1990 fixed 28th January, 1990 for holding discussion on the subject and made a request to the Bank management for sending a representa......ommercial Bank Ltd., a banking company, incorporated as a public limited company under the Companies Act, 1913 and the petitioner No.2 is the Managing Director of the said bank. The Chairman presides over all meetings of the Board of the Directors and performs all functions as envisaged under Articl..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....Pradhan. It was alleged that in the FIR that plot Nos.49 and 49A situated at Kawron Bazar Commercial Area, each plot measuring 21 kathas, were put to auction fixing 5.9.85 at 10-00 AM as the date for holding auction. Accused Abdus. Sukur Pradhan offered highest bid of Tk.1,93,550.00 per katha for pl......ccept the offer holding that the amount was inadequate and decided to construct a building of their own on the same land. Later on when the DIT was taking steps for putting the said plots for auction over again, 3 suits were filed by some of the previous bidders against the DIT challenging the re‑..Category: Criminal Law | Date: | Hits: 81
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....btained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 3.2.82 passed by the learned Subordinate Judge, 5th Court, Dhaka in Money Suit No.11 of 1980, holding on a preliminary hearing, that the suit was maintainable. 2. An oil tanker named M.V. Pas......ere waste paper but has some legal effect. It is final and binding upon the parties. It is not a waste paper unless it is made a Rule of the Court. The award is conclusive upon the merits of the controversy submitted. The suit proceeds on the assumption of the existence and validity of the arbitra..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....the instant suit. In a suit for sale the preliminary decree is drawn up in the same manner as to a suit for foreclosure." 9. We, therefore, hold that the High Court Division acted illegally in not holding that the plaintiff appellant was entitled to interest pendente lite i.e. from the date of th......srs MM Ispahani Vs. Sonali Bank, 37 DLR (AD) 1; Maridas Ramchordas Vs. Mercantile Bank of India Ltd., 47 ILR (Bom); Professor A Rahim Khan Vs. Bangladesh, 7 BLT (AD) 313; Mirzaboo Steels Limited Vs. Government of Bangladesh, 59 DLR 141; Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17 B..Category: Civil Law | Date: | Hits: 141
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....tion purchaser and it has been alleged in the plaint that this man was the caretaker of this land sold in auction, on behalf the petitioner Sarajubala. 4. The trial Court dismissed the application holding, inter alia, that the application suffered from defect of party as all the heirs of deceased......rom defect of party as all the heirs of deceased Luthfur Rahman were not made a party that the applicant did not deposit under sub-clause (3)(b) of Section 174 of the Bengal Tenancy Act the amount recoverable from the judgment-debtor and that the petitioner failed to prove fraud practiced by the dec..Category: Property Law | Date: | Hits: 106
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....llaneous Appeal No.90 of 2006 before the learned District Judge. In the appeal, present petitioners filed application for not to sell the auctioned land to anybody. Learned Judge dismissed the appeal holding that since Judgment debtors did not deposit 50% of the decreetal amount, the appeal is not m......al, Taka 6,00,000 to defendant No.1 to be repaid in 25 years with monthly installment of Taka 5,571,65 for constructing a house. Defendant No.1 mortgaged the suit property with this defendant and handover original deed No.5060 and 6075 dated 6-10-79 with some other papers to this defendant. Defendan..Category: Civil Law | Date: | Hits: 156
....ustoms, Excise and VAT by depositing Taka 43,81,416 as statutory requirement for filing the Appeal under section 42(2)(a) of the VAT Act (Annexure-D and D-1) which was allowed on contest on 8-11-2003 holding that the petitioner (TCB) would be exempted from paying trade VAT @ 1.5% and the Commissione.......5% through Treasury Challan (Annexure-A).
3. Thereafter the petitioner imported sugar through different Letter of Credit and distributed the same to the affiliated dealers of the petitioner at a government fixed rate. The Respondents No.2 on 7-7-2002 issued a demand with a show cause under secti..
Category: Fiscal/Taxation Law | Date: | Hits: 323
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....ecision in the case of Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, it was held by learned brother Mr. Abdur Rahman Chowdhury, J. (as he then was) that a lessee holding his lease under E.P. (Lands and Buildings) Administration and Disposal Order, 1966, is not a...... Office under Biswanath Upazila. The petitioners as plaintiffs filed Title Suit No.196 of 1985 in the First Court of Munsif, Sadar Sylhet, against the defendant opposite party Nos.1-4, the concerned government officers, for declaration that the order of shifting of the Alankari Post Office from th..Category: Procedural Law | Date: | Hits: 193
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....er the decision has been rightly given within the frame of the Ordinance and the evidence on record and in doing so certainly the Tribunal exercises a judicial function and we have no hesitation in holding that the Appellate Tribunal is a Court. 11. In the present case the payment of the comp......t Division Dhaka (Civil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ate of such dismissal. This shall be without prejudice to any other rights of and remedies with the Bank." Save and except the above terms and conditions of the service, there was no provision for holding and conducting enquiry prior to the publication of the Bangladesh Agrani Bank Employees Serv......r the Madhya Pradesh State Warehousing Corporation Act (28 of 1956), which was subsequently replaced by the Madhya Pradesh Act 58 of 1962. It is a statutory body wholly controlled and managed by the Government. Its status is analogous to that of the Corporations which were under consideration in Suk..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
.... her husband whose body was burnt with acid and the mouth of the said dead body was stuffed with cotton. It was learnt that in the evening of 30.10.86 her husband's car had reached Aricha Ghat. After holding inquest Shivalaya Police sent the same to the Manikganj morgue for post mortem examination a......3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Bangladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Uddin, Sel..Category: Criminal Law | Date: | Hits: 127
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