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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." ......judgment and decree dated 31.7.1994 passed by the Subordinate Judge, First Court, Khulna in Money Suit No. 24 of 1989 filed by the appellant. The learned Subordinate Judge decreed the suit for the full amount of Tk. 47,13,905.70. 2. The appellant as plaintiff filed the suit stating inter ...... 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; Girdharilal Monuman Box Vs. Eagle Star and British Dominions Insurance Co, Ltd. 4 PLD (Dh..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......of kanungo is finally upgraded by implementing the pay scale, the respondents will not be in any way deprived nor their rights would be affected if the recruitments are made now before giving full effect to the above gazette notification regarding up gradation of the post of kanungo to...... recruitment ultimately may frustrate the upgradation. 10. We have perused the gazette notification, which is Annexure-J of the writ petition (the photo copy of this Annexure-J is page 87). The same has been reproduced below:- (Text in Bengali) 11. From paragraph 2 ..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......therefore." 10. In the instant case admittedly no possession was delivered to Abul Hashem Khan. It has been submitted that this agreement was executory and had not been fully acted upon by delivery of possession. In that view of the matter the requirement to give......g pending on 6.2.2000, Writ Petition No. 588 of 2000 was not maintainable, being barred under rule 9(1) of Order IX of the Code of Civil Procedure, writ being a civil proceeding vide 1970 PLD (SC) page 1. Writ Petition No. 322 of 1977 having been finally disposed of as to the rights of the two p..Category: Property Law | Date: | Hits: 30
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......e order of the learned Subordinate Judge set aside by the impugned judgment and order. 10. At the hearing of this appeal it was found that the learned Advocates of the parties were not fully posted with the facts of the case and the law on the subject. The learned Additional Attorney......ent necessary for the purpose of determining the real question in controversy between the parties shall be made. Order VI rule 17 C.P.C. provides as follows: 17. The Court may at any stage of the proceedings allow either party to alter or amend his pleading in such manner and on..Category: Property Law | Date: | Hits: 56
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ...... Khatian (Exb-3); Said Ahmed Bepari since was in possession as owner of the said land sold out the same to the plaintiff on 26.06.1965 vide Exb. 4. In that sale deed, Jonab Ali, son of Nowab Ali, a full brother of the defendant Nos. 1-3, Haider Ali son of the Janab Ali, Lal Miah son of Ahmed...... Khatian No. 639(Exb.1); Said 3 brothers were in possession of the suit holding by amicable arrangement plots wise and area wise which also has been depicted in the C.S. Khatian and accordingly Cherage Ali was possessing and owing the suit plot which has been shown in the C.S. Khatian (Ext.1). Af..Category: Property Law | Date: | Hits: 31
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. ......1984 and making direction to the appellant (second party before the Labour Court) to reinstate the Respondent No. 2 (first party before the Labour Court) in the service in his former post with full back wages. 2. The Respondent No. 2 filed the aforementioned Complaint Case statin......king direction to the appellant (second party before the Labour Court) to reinstate the Respondent No. 2 (first party before the Labour Court) in the service in his former post with full back wages. 2. The Respondent No. 2 filed the aforementioned Complaint Case stating, inter al..Category: Labour and Industrial Law | Date: | Hits: 79
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....rman who is an elected representative of the locality of the people. He is the people's representative and public servant and had a legal entity. 5. The local people along with former woman member of the Union Parishad wrote a letter to the respondent No.1 requested him to reinvesti......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......lared to take over the delivery of possession of the old office of Dohakul Union Parishad. Accordingly, the Dohakul Union Parishad called a general meeting at its old premises at 10 a.m. declaring agenda for the selection of site new Union Parishad Building and others 13 members of the Union Par..Category: Others | Date: | Hits: 87
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......hat the petitioner (respondent herein) has been absorbed in the N.S. I. as surplus officer and he is entitled to all benefits as admissible under Rules". 5. The appellant unsuccessfully took an appeal, No. 21 of 1993, to the Administrative Appellate Tribunal Against the aforesai......nt was absorbed as such with effect from 2.1.1986 by order of the President. Subsequently, however, the respondent was treated as retrenched officer by the appellant by its letter dated 12.5.1986 (Page 62 of the paper book). The respondent was initially appointed with the approval of the Public ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......and as "attorney of their sister Mrs. Razia Rahim, respondent No. 4 duly executed and registered the sale deed in favour of the appellants. The plan was sanctioned in 1989 and in 1993 with the full knowledge of the pending suit. 4. By filing separate affidavits-in- opposition re......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......such those were not relied upon. The courts below also discarded the death certificate of the Sabitri on the ground that the same was not produced from the proper authority. Regarding the age of the defendant Nos.1 and 2 also the courts below on consideration of their evidence and othe..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......ailakha Nath Roy was the husband of the respondent No.1 Swarashati Roy. Swarashati Roy and her son Bolai Roy used to look after the property of the said testator, Trailakha Nath Roy during his old age till his death. Trailakha Nath Roy made a will on 25.5.1990 and he died on 12.01.1991. Swarasha..Category: Property Law | Date: | Hits: 74
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......rs for their convenience made amicable partition of the land amongst themselves and thereby the plaintiff respondent Abdul Hakim the son of late Jonab Ali got 1.20 acres in his share which is more fully described in the 'kha' schedule of the plaint and the respondent Abdul Hakim got his name mut......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......within the meaning of Chapter VI. Article 51. (1) Every election petition shall contain- a precise statement of the material facts on which the petitioner relies: full particulars of any corrupt or illegal practice or other illegal act alleged to have been comm......ner V. Perumal Nainar and others, Respondents; R.Periasamy, Appellant Vs.T.P.K. Jayaraj and others, Respondents; A. Chindraseknaran, Appellant Vs. P. S. Manian and others, Respondents; A.I.R. 1983 page 558. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate (Md. Zafarullah Chowdhur..Category: Election Law | Date: | Hits: 312
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....ce let us quote below sections 6 and 9 of the Ordinance: 6. Penalty for causing death, etc. - For dowry whoever, being a husband or parent, guardian or relation of the husband of any woman, causes or attempts to cause death or grievous hurt to that woman for dowry shall be punis......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......facts are that informant was married to one M. A. Malik on 11.10.1991. On 28.02.1993, the informant filed an application before the Deputy Commissioner Sylhet alleging that after her marriage she found her husband a greedy person who started demanding dowry from her and in his dema..Category: Criminal Law | Date: | Hits: 64
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......shy;dant-appellant contested the suit by filling written statement denying the material allegations made in the plaint. The learned Court below on hearing both the parties decreed the suit in full against the appellant on contest with cost and interest until realization and the Court furthe......s extended till disposal of the Rule by an order dated 18.8.1994. 4. It has been asserted by the appellant that the respondent at the time of filing of the suit gave their address to be village-Kachihata, P.S.Shibchar, District-Madaripur and proprietor of M/S. G.M. Corporation, 120, New E..Category: Procedural Law | Date: | Hits: 94
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......ailakha Nath Roy was the husband of the respondent No.1 Swarashati Roy. Swarashati Roy and her son Bolai Roy used to look after the property of the said testator, Trailakha Nath Roy during his old age till his death. Trailakha Nath Roy made a will on 25.5.1990 and he died on 12.01.1991. Swarasha..Category: Civil Law | Date: | Hits: 114
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....oner, submits that the High Court Division fell into an error of law in holding that the onus to prove lay upon the plaintiff inasmuch as the plaintiff being an infirm, illiterate and pardanashin woman the onus squarely lay on respondent No. 1 to prove that the disputed solenama was volun......erely paper transactions and that she came to know for the first time about the compromise decree when respondent No.1 tried to get his name recorded in the B.S. Khatians and When she became fully aware after taking certified copies on 27.11.78 within 3 years of which she filed the......are not binding upon her and also upon the pro forma defendant No. 2 and her interest had not been affected in any way thereby, stating inter alia that respondent No.1 is her son by her first marriage with one Md. Ishaque; the properties described in the schedule of the plaint belonged to her f..Category: Procedural Law | Date: | Hits: 87
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......ision declared the possession of the respondent appellants in the aforesaid three plots to be illegal and without jurisdiction and the appellants were directed to release C.S. plot No. 3170 in full, C.S. plot No. 3171, minus .78 acres and C.S. plot No. 3474 minus .30 acres in favour of the w......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......istrative Appellate Tribunal and leave was granted in both the appeals in the following terms:- Mr. B. Hossain, learned Advocate-on-Record for the petitioner submits that the Government petitioner fully executed the Civil Court's decree by reinstating the respondent upon setting two conditions wh......o the position he would have occupied had he not been removed from service. The Rule of extra-ordinary leave has no manner of application in his case. During the period of his removal he was not engaged in any remunerative employment or any business of profit. He joined the Dhaka District Bar and ..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......ar in these cases to submit whether the facts of these cases are distinguishable from these two reported decisions and whether the ratio decidendi of these two reported cases will apply in the full force in the present appeals, especially when all the imports connected with these appeals wer......wing the budget passed on 15.6.89. 5. The appellant's consignment of cigarette paper arrived at Chittagong from shanghai, china on 15.11.89 and the import manifest was duly submitted by the agent of the vessel to the port/customs authority on 2.12.89. Respondent No.1 by notification S.R.O..Category: Fiscal/Taxation Law | Date: | Hits: 199
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