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....d and declared that it shall be a condition precedent to any right of action or suit upon this policy that the award by such arbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained."
10. The aforesaid clause in both the insurance policies admits......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..
Category: Business or Commercial Law | Date: | Hits: 290
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants petitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which is part and parcel of the 1st Schedule land and fo......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......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..Category: Others | Date: | Hits: 175
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......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..Category: Property Law | Date: | Hits: 96
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......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..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....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.......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..Category: Criminal Law | Date: | Hits: 82
....ed at the time while the matter was taken up for hearing. Admittedly, the matter is of great public importance involving a question of interpretation of law relating to the Constitution but it is not disputed that the Division Bench is competent and has the constitution and for that matter the juris......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..
Category: Procedural Law | Date: | Hits: 136
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....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.......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..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......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..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
.... of Partition and as such his properties including the suit holding were declared as enemy property in EP Misc. Case No.35 (Pab)/1967‑68 and the authority concerned took possession of the same. The disputed holding thereafter was leased out to him at a rental of Tk. 20.00 from 16.3.68. His further...... 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..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....o dispute regarding the legal position that the Court has jurisdiction to direct further investigation against any person who appears to be involved in the case concerned to the Court. It is also not disputed that the Court may take cognizance even when police submits final report instead of a suppl......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....rt of inquiry, we find that the Inquiry Committee did not arrive at any finding that the bank management had committed any unfair labour practices but it had only stated that the allegations had been disputed by the bank management and in order to prove the allegations brought by the union there is ......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..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......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..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
.... 7. Heard the learned Counsel of both the sides at length. I have been taken through pleadings of the parties, evidence on record as well as the judgment pronounced by the Courts below. It is not disputed that plaintiff opposite party out of love and affection for her youngest daughter petitione......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......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..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....dgment dated t 3-12-2006 with the following observations:- "However, it is now a settled principle of law that Article 102 of the Constitution can be invoked only where the petitioners right has undisputedly accrued under the Constitution or under any other legal instrument and such right has not......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..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....long after the construction of the building by the plaintiff on plot No.4270 demarcating the boundaries to its East, North, South and West, that the Advocate Commissioner did not survey and relay the disputed plot No.4270, etc. The learned Assistant Judge on hearing the objection accepted the report......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....nt receipt to show her ownership in respect of the land even for the period after the alleged auction sale which was challenged by her. 16. In this connection the question of possession of the disputed land was also very much relevant and also who paid rent in respect of the disputed land a......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..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ustries Limited directed against Judgment and decree dated 20-3-2003 passed by the learned Joint District Judge, 3rd Court, Dhaka decreeing Money Suit No.3 of 1991. 2. The fact of this case is not disputed. Deceased Mozammel Hossain Montu while met accidental death at 5-30 PM of 3-12-1989 was a n......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....ir, learned Advocates, appeared for the auction purchaser. 8. Mr. AJ Mohammad Ali, learned Advocate with Mr. Md. Nurul Amin, learned Advocate, submits that, petitioners being original owner of the disputed property who having not been informed about institution the original case for realization o......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..Category: Civil Law | Date: | Hits: 156
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