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....ldquo;that the law of limitation runs from the cause of action of a suit and that should be in all cases for 3(three) years not from the date of occurrence”, whereas Article 86(b) specified the provision as- “On a policy of insurance when the sum insured is payable after proof of the los......earned Advocate for the respondent No. 1 submitted by referring to the observations made in Shadharan Bima Corporation and others Vs. Golden Twisting Factory & others, 66 DLR 224, “that the law of limitation runs from the cause of action of a suit and that should be in all cases for 3(thre..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....dated or undated cheque, as the parties may have agreed to, orally or in writing and as their convenience may suit. Besides section 20 of the Negotiable Instruments Act, 1881, keeps similar provision in respect of inchoate instruments, while section 82 of the NI Act, 1881, provid......ing an endorsement "Account Closed". When the complainant informed the matter to the accused, he denied the total transaction. The complainant, on 9-9-2009, sent a demand notice through his lawyer to the accused to pay Taka 3,00,000 within next 30 days, which was received by the accused on..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
....hat governs the procedure of removal and cancellation of the Governing Body and Managing Committee. His submission is that the impugned order as has been done is absolutely in utter disregard to this provision in particular. 7. On the other hand, Mr. Binod Kumar Agarwal, the learned counsel app......o.4 (as contained in Annexure-C) releasing the petitioner from the post of Chairman of the Governing Body of Shahid Zia Model College, Gabtoli, Bogra shall not be declared to have been passed without lawful authority and is of no legal effect." 2. Be it mentioned that at the time of issuan..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
..... Rokanuddin Mahmud and Mr. Mohammed Faridul Islam, learned Advocates appearing on behalf of the petitioner-company, submit that although the Bangladesh Energy Regulatory Commission Act, 2003 contain provisions in section 40 as to settlement of any dispute between the licensees, or license...... demand notice dated 26-11-2012 issued by the respondent No. 2 vide his office Memo No. Comilla PBS-1/400.13/2012/7927 (Annexure-'C' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....e principle of natural justice requiring the concerned authority to issue show cause notice and to accord hearing should be read therein even though there was no such specific requirement in the said provision…………(12)
Determination of Liability—
Though the......materials under the L/Cs (Annexures "N to N-17") within the HS Code permitted under the said Special Bonded Warehouse License of the petitioner company, should not be declared to be without lawful authority and are of no legal effect.
Background Facts:
2. Short facts, relevant fo..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....ys the powers to grant or refuse passport to any person. For proper appreciation section 6(1) (2) of the Order, 1973 is quoted below which runs as under: Section 6--Subject to the provisions of this Order, the passport authority. (1) may refuse to issue a passport or travel docum......ity or security of Bangladesh; (b) that the applicant, in the opinion of the Government, is reasonable suspected of evading or attempting to evade the duty to render any service which, under any law, he is required to render in the public interest; (c) that the issue of a passport or trave..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110 ......31-7-2011 the present plaintiff-appellant preferred this appeal. 7. Mr. AJ Mohammad Ali, the learned Advocate appearing on behalf of the plaintiff-appellant submits that the trial Judge erred in law in dismissing the suit without properly considering the facts and circumstances of the case and ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....and and the petitioner did not mention the schedule of the land under pre-emption in the original preemption petition and the pre-emption case was barred by limitation according to the provision under Article 180 of Limitation Act as the case was filed after long lapse of 6/7 years, t......the appellant in the course of his argument has taken me through the impugned judgment, deposition of PWs and OPWs and other materials on record and then submits that the learned trial judge erred in law in disallowing the pre-emption case on the main ground that the case was hopelessly barred by li..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....abbani has played a mysterious role to mislead the cause of death of his wife the deceased Shirina Khatun. The facts remains that the principle enunciated in a case of wife killing comes out from the provisions of section 106 of the Evidence Act wherein it is incorporated, when any fact, e......e control and custody of her husband the condemned-prisoner Golam Rabbani in his dwelling hut and the occurrence was held in dark night within their residence. Therefore, the established principle of law with regard to this; as to the responsibility or onus of proof is entirely lies upon the husband..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....case is a serious step and the court is reluctant to invoke its power it is only where a glaring omission or patent mistake or grave error has crept in by judicial fallibility. Despite there being no provision in the Act of 1973 for review from the judgment of this Division on appeal, securing ends ......hree) countries have death as an alternative sentence for the said offence. Punishment is the way in which society expresses its denunciation of wrong-doing; and in order to maintain respect for law; it is essential that the punishment inflicted for grave crimes should adequately reflect the re..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....8346, and since then he has been receiving government portion of his monthly salary and other financial benefit regularly, without any interruption, till to date; that without complying the mandatory provisions of the Recognised Non-Government School Teachers (Board of Intermediate and Secondary Edu......lafide and arbitrarily and, as such the inordinate delay of the respondents to dispose of the application filed by the petitioner on 22-3-2015 is required to be declared to have been done without any lawful authority and is of no legal effect; that it is the statutory duty of the respondents to disp..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ......a Rin Suit No. 3 of2013 rejecting the application of the petitioners to allow them contest in the suit by accepting the written statement (Annexure-C) should not be declared to have been done without lawful authority and is of no legal effect." 2. The background leading to the Rule, in sho..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ......Ļ¸āĻŋāĻ¨ā§āĻ§āĻžāĻ¨ā§āĻ¤ āĻĻāĻŋā§ā§āĻā§āĻ¨ āĻ¤āĻž āĻ¸āĻ āĻŋāĻ āĻ¨ā§āĨ¤” 10. I am of the opinion that this finding of reversal by the court of appeal below is not permissible under law. First, to consider affidavit scorned before a notary public is not evidence, nor it is a fact b..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....titioners do not fall under any of the categories either under section 9(1) or under section 56. Therefore, he submits, neither the petitioner had any alternative remedy in view of the provisions under sub-section (2Ka) of section 9 nor it had any remedy to prefer any appeal......n, AAG and Nurun Nahar, AAG—For the Government in both Writ Petitions. Writ Petition Nos. 3203 and 3205 of 2004 Judgment Sheikh Hassan Arif J. — Since the questions of law and facts involved in the aforesaid two writ petitions are almost same, they have been taken up ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....r of late Khalilur Rahman Chowdhury and appeared in this Court supporting the Rule. 5. Mr. Qumrul Haque Siddique, the learned Advocate appearing for the petitioner, at the very outset places the provision of section 6(5) of the Artha Rin Adalat Ain, 2003 (shortly, the Ain, 2003) and s......provision of section 3 of the Ain, 2003 and submits that the Ain, 2003 being a special legislation, its provision regarding the parties to an Artharin suit shall override all other existing laws of the land, including the provisions of the Civil Procedure Code (CPC). To put his above submi..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....;120 of the said Ordinance and, thereby, treated the said Taka 8 crore, as received by the petitioner from the said developer company, as his income from capital gains purportedly in view of the provisions under section 31 read with section 2(15) of the said Ordinance and a ......ed by the respondent No. 3 under section 121A of the said Ordinance upholding the said order dated 26-5-2014 passed by the respondent No. 2 (Annexure-C) should not be declared to be without lawful authority and are of no legal effect. Background facts: 2. Short facts, relevant fo..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)
....aintainable in law......(9) Rejection of the Election Petition— Representation of People Order (PO No.155 of 1972; Articles 49, 50, 51, 57(4) and 58 In the RPO, there is no provision of rejection of the election petition. Article 58 of the RPO has provided that the Hi......ed "candidate" for election as a Member of the Parliament for the Constituency in question, he had every locus standi to file the election petitions and those were maintainable in law......(9) Rejection of the Election Petition— Representation of People Orde..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......ndra Kumar Sinha CJ. - For the reasons to be expressed later on, this petition is disposed of by this order. Since various questions arise in the mind of the people of the country, the litigants, the lawyers, persons in the print, electronic and social media regarding the power of this Court to puni..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....e existence of these affidavits. The tribunal, in the premises, has rightly ignored these affidavits as not admissible in evidence.
102. More so, under the Act of 1973, though there is provision that the Code of Criminal Procedure and the Evidence Act may not be applicable to the......motion, he assured him that he would not leave. Sometimes thereafter, he saw Gouranga who was staying there for cooking and on the following day, at noon he went to Jogotmollopara where his sister-in-law was staying. After taking lunch there, he returned to Kundeshwari complex and on seeing him Nuta..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....ssession of the case property at the material time from 26-3-1971 to 28-2-1972 and, as such, the case property has been rightly included in the 'Kha' List of the abandoned buildings under the provision of Article 2(1) of PO 16 of 1972 upon compliance of all the legal formalities. F......nce of physical possession shall not of itself suffice to treat the property as abandoned…….. (15) Service Notice is a Requirement — Non-service of notice as required by law disentitled the Government-Respondent to claim that the property was legally declared abandoned ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
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