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Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ..Category: Civil Law | Date: | Hits: 135
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Pubali Bank Limited...........................Appellant Vs. The Chairman, First Labour Court, Dhaka and another..................Respondents Judgment July 20, 2004. Lawyers Invol......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
.... petitioner Bank. Copies of a number of documents including the sale deed dated 19-08-65 have been annexed to the leave petition in support of the title and possession of the writ petitioner bank. It has been stated that in the circumstances stated above the petitioner Bank......97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 20......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ...... is also Reported in: ......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ...... ...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....eel, Dhaka as plaintiff filed a Money Suit No. 84 of 1990 in the Court of Subordinate Judge, 3rd Court, Dhaka claiming an amount of Tk.5, 52, 60,832.43/- The said amount according to the plaintiffs bank arose out of L/Cs opened by Shinan (Bangladesh) Limited in connection with importing fabrics a...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nasir Hossain Chaklader and others………………...................................Petitio......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ..Category: Civil Law | Date: | Hits: 106
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....ch five bidders including the writ petitioner participated. The writ petitioner's bid of Tk. 3,36,000/- was the highest. The Court prepared a comparative statement which was sent to the decree-holder bank for its consent. The Bank gave its consent the respondent No.2, a stranger, filed an applicatio......hul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kamal Hossain..... Appellant Vs. The Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantil......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177..Category: Civil Law | Date: | Hits: 92
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....Bench of the High Court Division in Writ Petition No. 3123 of 1999 discharging the Rule. 2. The appellant Eastern Bank Limited filed the above writ petition stating, inter alia, that it is a banking company incorporated under the law of Bangladesh, it was established in the year 1992 by t......Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..Category: Others | Date: | Hits: 95
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
.... a debt. These were not kept by any of the petitioners of the succession certificate or by their father. Those were recovered or seized by a Magistrate and were lying in safe custody in Bangladesh bank. So, by no stretch of imagination this covers the definition of word 'dept' and when sect......llip;... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AI......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..Category: Property Law | Date: | Hits: 39
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... Division (Criminal) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Abdul Hoq Sikder and 2 others.......Convict Petitioners Vs. The State, Represented by the Deputy Comm...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..Category: Criminal Law | Date: | Hits: 44
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
.... and M/S Bengal Commercial Traders. He imported 17 cases of diesel engine, spare parts from California, 9 cases from New York and 3 cases from London by opening L/Cs through the defendant appellant bank namely, Janata Bank (hereinafter referred as to the said Bank). The bank had cleared the said c......vocate (Kamrul Huda, Advocate with him) Instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the appellant. Not represented- the Respondent. Civil Appeal No. 01 of 1998 (From Judgment and order dated 4.9.1994 passed by the High Court division in First Appeal No. 68 of 1998). Judg......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..Category: Civil Law | Date: | Hits: 79
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
....ritten agreement for sale, that the defendant Nos.1 and 2 on the basis of said agreement for sale obtained a demand draft in favour of defendant No. 7 for the price of the fertilizer from the bank as against the loan sanctioned in the name of said defendants, that while the defendant Nos.1 ......min J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank……………………Appellant Vs. Md. Sirajul Hoque Chowdhury and others...........Respondent Judgment June 28, 2004. Cases Referred T...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..Category: Civil Law | Date: | Hits: 121
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ows:- "138. Dishonour of cheque for insufficiency, etc. of founds in the account.- [1] Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned b...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Nizam Uddin Mahmood............................Appellant Vs. Abdul Hamid Bhuiyan and another.... .............Respondent Judgment June 1, 2004. Cases Referre......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..Category: Business or Commercial Law | Date: | Hits: 138
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....y. Accordingly, on 25.3.1997 the accused respondent issued a cheque of Tk. 5 lacs in favour of the complainant. The cheque was dishonoured on 29.3.1997 6.4.1997 and 16.4.1997 by the concerned bank with the comment of not having sufficient fund in the account. The complainant sent a leg......udassir Husain J Abdul Aziz………………………………………Appellant Vs. Khaja Abdul Gani and others..........Respondents Judgment August 13, 2003. Cases Referred To- ......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..Category: Criminal Law | Date: | Hits: 45
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ...... Md. Hassan Ameen J Md. Abdul Matin J Abdur Noor Chowdhury……………………………Petitioner Vs. The State and another…………………..........Respondents Judg......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
.... 1 (one) year more. 2. The prosecution case, in brief, is that one Amir Ali Khan, son of P.W. 1, Abdul Barek Khan on 14-07-1984 at 10.00 a.m. went to Dhaka for withdrawal of money from the bank, but on the same day he did not return and subsequently, P.W. 1 along with his relations searc......on-Record-For the Petitioner (In both the cases) Not represented- Respondents (In both the Cases) Criminal Petition for Leave to Appeal Nos. 498-99 of 2006. (From the judgment and order dated 4th April, 2005 passed by the High Court &nbs......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ..Category: Criminal Law | Date: | Hits: 36
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
.... 2. The plaintiff-respondents instituted Title Suit No. 239 of 1997 in the Court of Subordinate Judge, Artha Rin Adalat No.4, Dhaka alleging, inter alia, that the plaintiff is a public limited banking company incorporated in Bangladesh under the Companies Act, 1913 and carrying on banking bu...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J K.K.K. Garments Limited…......Petitioner Vs Islamic Bank Bangladesh Limited and others…........Respondents Judgment August 13, 2007. Lawyers Invol......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..Category: Banking Law | Date: | Hits: 97
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
.... 01-08-2004 passed by a Single Judge of the High Court Division in Admiralty Suit No.13 of 2001 rejecting and application for direction upon the respondent No.9 Mongla Port Authority to release the bank guarantee No. 02/2003 dated 24-03-2003 amounting to Tk. 2,54,86,000/- issued by Janata Bank, ......tar Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. Government of Bangladesh Represented by the Secretary, Ministry of Food and others……..........Respondents Judgment October 27, 2004. Case......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....e eyes of the Abdul Mannan. The accused persons then took Abdul Mannan on a trawler, which moved through river and canal and at 5.30 p.m. placed Abdul Mannan on outer courtyard of his house on the bank of a canal, Abdus Sobhan Howlader (Pw.1) came to his house at 6.00 p.m. along with Mohiuddin a......CJ M.M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J The State………………….. Petitioner Vs. Kalam Talukder and others…..........Respondents Judgment November 18, 2007. Lawyers In......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ...... (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Alauddin ......................Appellant Vs. The State and another….........Respondents Judgment June 15, 2008. Lawyer Involve......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..Category: Criminal Law | Date: | Hits: 32