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Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....older of the policy and if the policy is not made subject to any condition or warranty like other insurance policies, the insurer is not entitled to avoid the claim. It also appears to be against the public policy that an insurance company should be disputing the claim in a civil Court in the absenc......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..

Category: Business or Commercial Law | Date: | Hits: 190

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....n in election cannot legalise or condone an illegality. There cannot also be any question of waiver by the petitioners of the rights of others. The right of fair election is not a private right but a public right. No question of waiver and estoppel by an individual voter therefore, arises. 39. La......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..

Category: Election Law | Date: | Hits: 105

Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)

.... M. Zahir argues that no such practice is prevailing in this jurisdiction so far his profession of law of 60 years is concerned and a practice which even prevails against the interest of the litigant public must not be allowed to prevail any more. 4. The learned Senior Advocate Dr. M. Zahir furt......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:..

Category: Admiralty Law or Maritime Law | Date: | Hits: 191

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

....Shamsul Huda, Advocate - For added Respondent. Writ Petition No.1962 of 1999. Judgment Khademul Islam Chowdhury J.- This Rule was issued calling upon the respondents to show cause as to why publication on 14-5-1999 in the Daily Star of the Notice to sell the vessel, MV Kadam Rasul belongin......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

....r, District-Jessore, Ex-Assistant Teacher, Hogladanga Government Primary School, Upazilla-Monirampur, District Jessore…………………..Petitioner Vs. 1. The Government of the People’s Republic of Bangladesh represented by its Secretary, Ministry of Education (Primary and Mass Education...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ..

Category: Employment/Service Law | Date: | Hits: 70

Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)

.... reign of terror in the campus of the local Judges Court and the nearby premises by firing from a licensed revolver with his friends and he also extorted tolls as a result of which the members of the public felt helpless and in protest they led procession and under the directive of Superintendent of......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...

Category: Criminal Law | Date: | Hits: 48

Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 58

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

..... But the outstanding dues of the respondent No.4 to the Bank, the respondent No.3, is much more than the values of those shares. Late Al-Haj Jahurul Islam took various loans in benami and finally on public pressure the respondent No.3, Islam Brothers Properties Ltd, and the respondent No.5, Chairma......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....sha (PW's 14 and 11) under section 164, Cr.P.C. by a Magistrates. 69. PW 44 further stated that it was revealed in his investigation that members of the JMB had been causing bomb blasts at various public places. So the Government banned JMB on 23-12-2005. Thereafter, in June, 2005 they started ma......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....prosecution examined 5 witnesses in the case out of 10 witnesses cited in the charge-sheet. Of them PWs 1-3 were the members of the police party while 2 other PWs were the investigating officers, The public seizure list witnesses were not examined by the prosecution, According to him, in absence of ......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...

Category: Criminal Law | Date: | Hits: 63

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

....gainst each other in different Courts on the same cause of action (vii) To avoid delay and unnecessary expenses (viii) Where important questions of law are involved or considerable section of public is interested in the litigation (ix) To prevent abuse of the process of Court; 15. The...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..

Category: Civil Law | Date: | Hits: 92

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

....mits that Bangladesh Bank having been authorized to collect credit information from every banking company under Article 44(a) is entitled to publish the same in respect of defaulting borrowers in the public interest. He then submits that the writ petition is not maintainable in its present form as t...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ..

Category: Business or Commercial Law | Date: | Hits: 251

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, a citizen of the Republic of China, is running his business from Thailand Head Office, fishing through his own vessels ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

....th due permission and licence from the concerned authority. He has been doing the business in accordance with law and without violating the terms and conditions of the licence. The respondents, being public servants, are discharging various duties and performing functions in connection with the affa......91 being Licence No. 6150/179 dated 1-12-1991 (Annexure A). Having obtained the licence the petitioner completed all formalities and set up a Saw Mill on his land and has been continuing the business peacefully without any complaint as to any violation of the terms and conditions of licence and ther..

Category: Environmental Law | Date: | Hits: 551

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

....oner. No one appears—For the Respondents. Writ Petition No. 3013 of 2004 Judgment Quamrul Islam Siddiqui J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why th...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....bly building. The petitioners alleged that the National Assembly Complex is continuously and incrementally being endangered and threatened by encroachment and construction of various buildings by the public authorities and that the respondent No. 1 is carrying out work on the construction of the res...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441...

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..

Category: Criminal Law | Date: | Hits: 70

Solaman Vs. State, 2005, 34 CLC (HCD)

....d persons and also investigated the case and prepared seizure list. 10. From the above evidences we find that the said PW 6 Motaleb Sikder who has put his signature in the seizure list is the only public witness who came after recovery of the said gun. 11. After considering the materials on r....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..

Category: Criminal Law | Date: | Hits: 53

Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)

....oor and came out of the house and went to the house of Advocate Lala. At the time of fleeing away, 2 (two) accused persons namely, Mosaed and Alam, were apprehended by the local people who were given public beating and on their information police came to the place of occurrence and seized the alamat......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..

Category: Criminal Law | Date: | Hits: 65

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

....is Ordinance." We may profitably quote section 20 which runs as follows: "Any land required by the Board for carrying out its functions under this Ordinance shall be deemed to be needed for a public purpose and such land may be requisitioned or acquired for the Board by the Government or the...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405...

Category: Others | Date: | Hits: 146