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...., their Lordships mainly considered the first part of clause (b) of Article 86 of the Limitation Act in holding the starting point of limitation, as to be after proof of the quantum of loss.
15. Cause of action implies a right to sue. The material facts which are imperative for the suitor to al......er to support his right to the judgment of the Court. Negatively put, it would mean that everything which, if not proved, gives the defendant an immediate right to judgment, would be part of cause of action. Its importance is beyond any doubt. For every action, there has to be a cause of action, if ..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......lous ground or on mere technicality then a lot of payee or beneficiary of the cheques and the financial institutions and the Bank will be at the verge of ruination and the resultant havoc in the transactions, done in ordinary course since long, based on cheques are bound to erode the prevailing prac..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
.... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ......respondent No. 4 without giving any show cause notice released the petitioner from the post of Chairman of the Governing Body of the College in question without giving any opportunity to defend; such action of the Respondent No. 4 is violative to the principle of Natural Justice. Mainly the learned ..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......-11-2012, the petitioner made a written representation to the respondent Nos. 2 & 3 requesting them to restore the electric line of the petitioner and withdraw the demand notice, but in vain. The action of the respondents in disconnecting the electric line of the petitioner is violative of the p..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......0, VAT Reg. No. (BIN) 15021040745 (earlier BIN 302-1040-844), and Locking the BIN (Business Identification Number) of the petitioner company (Annexure "G" to the instant writ petition), and action of the respondents in refusing to release the imported raw materials under the L/Cs (Annexure..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ......ge. In this case; we have noticed that the condemned-prisoner Golam Rabbani and his wife the deceased Shirina Khatun while living in their residence the wife Shirina Khatun because of the poisonous reaction of insecticide poison in her body resulted her death, so the onus heavily and entirely lies o..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ......use as to why respondents No. 3 to 5 shall not be directed to dispose of the application filed by the petitioner on 22-3-2015 before them (Annexure-C to the application), praying for taking necessary action against the order of suspension of the petitioner from his service as the Headmaster. Uzan Te..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ...... the officer can himself do such direct readjustment in the current account register by visiting the production site or establishment of such person— The Vat Officer can probably take such action only in one situation under section 56, namely in the process of realization of demand u..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)
....ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......tending, inter alia, that the election petitions were very much maintainable in law. The applications for rejection of the election petitions were filed under misconception of law. There was cause of action to file the election petitions, so the applications for rejection of the election petiti..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ...... leave-petitioners of both the petitions, submits that the High Court Division committed illegality in observing that audacity demonstrated by proforma-respondent Nos. 8, 9 and 10 warrants a punitive action and that on the basis of such finding passed a punitive order directing each of the leave-pet..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......ase, the power of the judiciary has been transgressed by the executive by legislating a provision which is inconsistent with Articles 31 and 35(5) of the Constitution. It is finally contended that no action detrimental to the life, liberty, body and reputation of a citizen can be taken away except i..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......ase, the power of the judiciary has been transgressed by the executive by legislating a provision which is inconsistent with Articles 31 and 35(5) of the Constitution. It is finally contended that no action detrimental to the life, liberty, body and reputation of a citizen can be taken away except i..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ...... Bahini appears to be incomprehensible, if the story of finding illegal arms and the subsequent escape of Shahjahan is taken to be true. The complete absence of any record and the inexplicable inaction on the part of the Rakkhi Bahini officers cast a deep shadow over the case sought to be made ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......o file the suit for permanent injunction against the defendant-landlord. The plaintiffs have no legal right to stay in the suit premises in question without any contract, who created a false cause of action to file the suit. 4. The defendant-opposite party thereafter on 24-1-2011 filed an appli..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......d on the practice of retentionist states and the jurisprudence of UN and other bodies. In 2014, Amnesty International have found that many of thecountries that carry out executions justify their action as a response tothreats – real or perceived – to state security and public safety..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......he amount of duties, taxes, etc. chargeable thereon with interest. For the purpose of recovery of unpaid duties, taxes, etc. no previous show-cause notice is necessary, because it is not a penal action .................(19)
Lawyers Involved:
Md. Shahidul Islam, Advocate—For the ..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......tor and creditor does not cease to exist in the case and it is not an absolute sale merely because the vendors stipulated that they shall have a right to repurchase, therefore, no doubt that the transaction was a mortgage by conditional sale within the meaning of section 58(c) of the Transfer of pro..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ...... Criminal and Civil proceeded concurrently— The proposition of law which is consistent and no longer a resintegra is that a criminal case and civil case though arising out of the same transaction can proceed simultaneously….. .(9) There is nothing in law precluding a crim..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......ice should be deemed incorporated in every statute unless it is excluded expressly or by necessary implication by any statute.
16. The basic principle of fair procedure is that before taking any action against a man, the authority should give him notice of the case and afford him a fair opportu..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
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