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Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
.... an insurer in respect of insurance business transacted in Bangladesh after the commencement of the Act shall have the right notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in Bangladesh, of any sum secured thereby and to sue ......rance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limited and another...................Respondents (In Civil Appeal Nos. 64 & 65 of 200......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. ..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... Suit against the petitioner (defendant) for eviction of monthly tenant alleging that she, being owner of the Suit property, inducted the defendant‑petitioner as a monthly tenant on the basis of an agreement dated 1‑1‑ 1984 for a period of 5 years fixing monthly rent at Taka 800 on the expiry ......s a monthly tenant on the basis of an agreement dated 1‑1‑ 1984 for a period of 5 years fixing monthly rent at Taka 800 on the expiry of the said period the defendant petitioner again entered into a fresh contract on 1 ‑1‑1989 renewing monthly tenancy for another term, of 5 years ending in...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
.... accused Shah Alam transferred some of his property to deceased Rokeya Begurn by way of registered deed of conveyance and took back deceased Rokeya Begum to his own house Accused Shah Alam came to an agreement with deceased Rokeya Begum that he would not maintain a relationship with second wife accu......ers……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Gias Uddin (Mithu), Assistant Attorney-General-For the State (In all the cas......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....nd satellite channel ETV found itself in the middle of a sensational legal battle in Writ Petition being No. 5050 of 2001 filed in the manner of a Public Interest Litigation challenging the licensing agreement dated 9‑3‑1999 between the Ministry of Information and Mr. AS Mahmud, former Chairman ...... A Hasib with Kamal Ziaul Islam, Advocates-For the Petitioner (In Writ Petition Nos. 4607 & 4608 of 2003). Raisudin Ahmed, Advocate-For the Respondent No.7. AJ Mohammad Ali, Additional Attorney‑ General, Adilur Rahman Khan, Deputy Attorney‑ General with Razik Al-Jalil, Assistant Att......re ETV started its operation many agreements were executed by the shareholders about how the shares would be distributed if the sponsor directors, the financiers and other foreign investors wanted to sell their shares in the Company. Mr. Abdus Salam, who is claiming himself as the chairman of ETV il..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....ted 22‑8‑2000 in Court. The application was registered as aforesaid Title Suit No. 182 of 2000. 3. In the application, it is stated that the petitioner and opposite party No. 1 entered into an agreement on 18‑6‑2000 for construction of a building by said opposite party on 04.65 kathas of ...... under section 115(1) of the Code of Civil Procedure against an order dated 24‑9‑2001 passed by Subordinate Judge (Court No. 3) at Dhaka in Title Suit No. 182 of 2000, which rejected an objection to the award filed in Court. 2. It is stated that on 29‑11‑2000 opposite party No. 1 made an ...... 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. ..Category: Alternative Dispute Resolution | Date: | Hits: 161
....) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......Bangladesh and others……Defendants
Judgment
February 1st, 1999.
Lawyers Involved:
Dr. Kamal Hossain with Ramjan Ali Sikder, Advocates—For the Plaintiff.
Abdul Quaiyum, Deputy Attorney-General—For Defendant Nos. 1-5(ka).
Khondaker Mahbubuddin Ahmed, Advocate—For the Defe......o decide all these issues.
18. Now we are to interpret Article 144 of the Constitution but as much as necessary in the instant suit. Article 144 empowers the executive authority of the Republic to sell, transfer, mortgage and dispose of the public property, we find that an Act of Parliament is ne..
Category: Property Law | Date: | Hits: 72
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ...... Md. Abdul Aziz J Shamsul Haque (Md)………………………….Accused-Appellant Vs. State…………………………….Respondent Judgment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC ......vities of his daughter the hut was demolished by the local people, but he admitted that he does not live in the said hut which he allegedly sold away. It is not clear that how an illegal occupant can sell his hut raised unauthorisedly in the Railway land. It also appears from the deposition of P.W.1..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....r shares devolved upon Sunil, who die leaving two sons Danu and Manuj. Manuj led no family life. Danu gave a power of attorney to one Shahidullah and said Shahidullah entered with the petitioner into agreement to sell. Then the petitioner instituted Title Suit No 59 of 1992 for specific performance ......ision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an application under Order XXI rules 100 and 101 of the Code of Civil ......lved upon Sunil, who die leaving two sons Danu and Manuj. Manuj led no family life. Danu gave a power of attorney to one Shahidullah and said Shahidullah entered with the petitioner into agreement to sell. Then the petitioner instituted Title Suit No 59 of 1992 for specific performance of contract a..Category: Property Law | Date: | Hits: 26
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....itle and interest of the tenant is extinguished on diluvion the right, title and interest will vest in the Government in respect of such diluviated land on its re-appearance. Therefore, we are not in agreement with the statement made by the learned Deputy Attorney-General that the diluviated land ve...... and others………………………….Respondents Judgment June 10, 1999. Lawyers Involved: Nazmul Huda with SAM Mahbub Elahi, Advocates—For the Petitioner. M Iman Ali, Deputy Attorney-General-For the Respondent. Writ Petition No. 2702 of 1996. Judgment Mainur Reza C......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
....reed and diabolical ambitions of self centered despots, democracy remained deprived of the nourishment it required to attain in-frangible excellence. The learned Attorney General was in irreversible agreement with the concept that our Parliament does not and can not enjoy British like omnipotence a......y the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Respondents
Judgment
August 26, 2010.
Cases Referred to-
Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board –V- Pickin, 1...... of Chittagong, was pursuing his vocation as a vender for his livelihood. His aforenamed son also resided with him at the same address. On 11th November 1984, Kala Miah along with his son was busy in selling spices in the market. During the period of intermission Kala sent his son off to their resid..
Category: Constitutional Law | Date: | Hits: 482
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
.... amount of duty that may have become payable in consequence of the withdrawal of the whole or any part of the exemption or concession from duty whether before or after the conclusion of a contract or agreement for the sale of such goods or opening of a letter of credit in respect thereof”. 11. ......gh Court Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Selim (Haji Md)………………………………. Petitioner Vs. Collector of Customs and others ………………..Respondents Judgment October 31, 2001. Cases ......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...Category: Fiscal/Taxation Law | Date: | Hits: 62
....t of the assessee because in case of indirect taxation the ultimate burden is borne by the customers instead of by the assessee. Their Lordships in the above mentioned case held:
“We are in full agreement with the High Court that to allow the department to retain the excess amount would be whol......33, 558; Ahmed Khan Vs.Controller of Estate Duty, 1969 PTD 494.
Lawyers Involved:
Shamsul Hoque Siddiqui with AM Abdus Sattar Advocates—For the Petitioner.
Md. Altaf Hossain Khan, Deputy Attorney-General with FKM Ahsan, Assistant Attorney- General—For the Respondents.
Writ Petition N......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....he undivided dwelling house. The principle of law enunciated by their Lordships in 42 DLR (AD) 53 fully applies to the facts and circumstances of the present case and we are bound to be in respectful agreement with the view taken therein. 18. In the facts and circumstances of the case and the mat......……...Petitioners Vs. Chitra Rani Dey and another…………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to a co-shar......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....iled Affidavit-in-opposition stating, inter alia, that the officials at the District level without waiting for approval by the Divisional Commissioner of the bid made by the petitioner executed lease agreement and that in spite of the order suspending approval delivered possession of the fishery to ......Petition No.1120 of 1999. Judgment Md. Ruhul Amin J. - This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution. The respondents were called upon to show cause as to why the order dated 22-3-1999 passed by the respondent No. 2. Member, Land Appea...... of the order suspending approval delivered possession of the fishery to the petitioner, that he and others could not make offer in the 6th schedule as because officials at the District level did not sell Tender Form to him and others on the ground of pendency of a case before the Divisional Commiss..Category: Property Law | Date: | Hits: 33
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....he respondent No. 2 and reply thereto. 5. The learned Advocate appearing for the petitioner submits that the respondent No. 1 having passed the order No. 63 dated 18-11-99 and there having been an agreement between the petitioner and respondent No. 2 about the purchase of the mortgage property ou......uly published and auction sale were fixed on 25-11-1998, 11-8-1999 and 8-11-1999 where the highest bid was Taka 28,15,000, 92,04,000 and 96,58,000 respectively but the execution court was not pleased to accept any of the aforesaid bids because of in sufficient price of the mortgaged property. The re......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....ank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w...... Criminal Miscellaneous Case No. 3481 of 2001. Judgment Altaf Hossain Khan J. - This Rule was issued on an application filed by the accused petitioner Abdus Salam, Chairman and Managing Director of Chistia Group of Companies under section 561A of the Code of Criminal Procedure calling upon ......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....attorney has been given the power to initiate any legal proceeding against anybody as their constituted attorney. At one stage of the argument Majumder had drawn our attention to the fact no licensee agreement has been filed by the petitioner. In reply Mr Samad stated that the said agreement has bee......) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
.... of Bari Bhara Niontron Ain, 1992 with the assertion that he was a tenant in respect of the case premises on payment of a monthly rent of Taka 125 to the opposite party appellant bank under a deed of agreement. He then deposited Taka 12000 as an advance in terms of the agreement on condition that Ta...... Present: Md. Abdur Razzaque J Santi Bhusan Deb……………………… Petitioner Vs. Principal Officer, Samabaya Bank Ltd ……………………Opposite Party Judgment October 25, 2001. Lawyers Involved: Abdul Latif, Advocate—For the Petitioner. Abdul Baset M......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....party No. 1 did not acquire any title and possession in the suit land. She failed to mutate her name in the khatian. He further stated that defendant No. 2, in order to sell the suit land, came to an agreement with the defendant No. 1 on 18-10-1989 and in pursuance of that agreement defendant No. 2 ......t, title and possession in the land as described in the schedule ‘Ka’ of the plaint on the basis of the kabala deed No. 3935 dated 9-8-1993 and rectification deed No. 6179 dated 9-12-1993 alleged to have been executed and registered by the defendant No. 2 Mosammat Mehera Khatun in favour of the ......f gift, the plaintiff-opposite party No. 1 did not acquire any title and possession in the suit land. She failed to mutate her name in the khatian. He further stated that defendant No. 2, in order to sell the suit land, came to an agreement with the defendant No. 1 on 18-10-1989 and in pursuance of ..Category: Property Law | Date: | Hits: 28
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
....ere and paid the entire premium of the lease to the Government. Thereafter, the said allottee was in need of money and contracted to sell the above land to the petitioner on 14-2-1971 and executed an agreement for sale in favour of the petitioner after taking Taka 12,000 as earnest money out of the ......rt of Settlement, Dhaka and others 45 DLR 304; Bangladesh vs. Feroz Ahmed and others 1 BLC (AD) 149. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner Reba Kaniz, Assistant Attorney-General—For the Respondent. Writ Petition No. 1540 of 1988. Judgment MM Ruhul Ami...... possession of the land and constructed houses thereon and lived there and paid the entire premium of the lease to the Government. Thereafter, the said allottee was in need of money and contracted to sell the above land to the petitioner on 14-2-1971 and executed an agreement for sale in favour of t..Category: Property Law | Date: | Hits: 37
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