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....end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately.
Soumendra Sarke J. — I agree.
Quazi Reza-Ul Hoque J.—I agree.
Ed.
...... of Article 86 of the Limitation Act, it appears that the proof of loss has to be determined first and accordingly on relying on this decision, submits that the trial Court committed no illegality in holding that the suit is not barred by limitation.
11. We have heard the learned Advocates of b..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
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 ......rdingly, Ad-hoc Committee was formed with an object mainly to complete the election of the regular Governing Body of the College. After taking the charge the Ad-hoc Committee initiated proceeding for holding election and after completion of the election the newly elected members of the Governing Bod..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....sed without any order as to cost. 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: 67 DLR (HCD) (2015) 281 ......e Miscellaneous Case under section 4 of the Partition Act. 2. The appellants' case, in-short, is that the land measuring 0.58 acre in plot No.724 apperaining to CS Khatian No. 509 under holding No. 8 of Kushtia Pourashava originally belonged to Nil Moni Roy Chowdhury and others, who ex..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
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 ......d it transpires that after filing of the UD case No. 33 of 2006 the dead body was sent to doctor for autopsy report and the doctor of the concerned Shahid Ziaur Rahman Medical College Hospital, Bogra holding postmortem of the dead body on 30-11-2006 keeping 11-9-2008 which was read over and explaine..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
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 ......sub-section 2 it gives a clear picture that the law itself is a flexible one. We simply cannot understand when the law itself is so positive on the issue how the court below passed an ex-parte decree holding that though the defendant was given time to file written statement they did not file the sam..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
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 ......emedy of filing written objection before the higher VAT officer. According to her, relying on this general order, a Division Bench of this Court in Writ Petition No. 3261 of 2004, discharged the Rule holding that the writ petition was not maintainable. Deliberations of the Court: 9. Since ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ......above provision approached the Adalat to strike out her name from the plaint and upon considering the facts and circumstances of the case the Adalat decided to keep the writ petitioner as a defendant holding that she is a necessary party. 25. We need to vet whether the petitioner can at all be ..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)
....sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ......nance, 1984 revising the income as shown under Universal Self Assessment and the Order dated 20-8-2014 (Annexure-E) passed 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 dec..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)
....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 ......10. The High Court Division found the election petitions non maintainable on the ground that the reliefs sought in the petitions were barred under articles 14(5) and 51(2) of the RPO; reason for holding so is that the nomination of the election-petitioner was cancelled by the Election Comm..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
.... household affairs. His uncle Nutan Chandra Singha established Kundeshwari Owshadalaya and its factory, a primary school, girls' school, women's college, dormitory and acquired large chunk of agricultural land. He was also a social worker. In 1971 during the liberation struggle on 30th Chatr......s statement particularly the incriminate part of killing of the said persons at the place and time and also committing suicide of Dr. Niranjan Dutta.
148. The tribunal was perfectly justified in holding that the prosecution has proved beyond reasonable doubt that Salauddin Qader Chowdhury ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ...... HBFC by the petitioner but the Court of Settlement totally failed to consider those documents in its true perspective and upon misconstruction of the said documents most illegally dismissed the case holding that the property has been rightly declared abandoned and included in the "Kha" li..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......as made a part of the Judgment as the parties did not express discenting view and the appellate authority by the order dated 3-6-2002 allowed the appeal with correction of Sketch Map as prayed for in holding that সাবেক ২৮০ৠও ২৮১০ দাগের হাল ৫৩১à..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
...... appointment of President of the Governing Body of the said school and college and further submits that she should be fined, imposing exemplary amount, for abusing her power, so that the persons holding such responsible position should not violate the law in future to the great prejudice o..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ...... in the house of Sanjay, between Sanjay and Malati, should be presumed to have been amicable and both were adults. Hence, in the matter, the argument of the learned Assistant Attorney General is holding no water. 22. Malati in no stage of her statements, given during or before trial, made ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... 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:
......f drug was unconstitutional. The Privy Council was of the view that there was nothing unconstitutional in the provision for a mandatory death penalty for trafficking in significant quantity of heroin holding that the quantity that attracts death penalty is so high as to rule out the notion that it 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:
......f drug was unconstitutional. The Privy Council was of the view that there was nothing unconstitutional in the provision for a mandatory death penalty for trafficking in significant quantity of heroin holding that the quantity that attracts death penalty is so high as to rule out the notion that it i..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......¾à¦‡ মারে।” Now let us see whether the medical evidence supports prosecution story as stated or not. It appears from post mortem report (Exhibit 4) of Kotai Miah that the Doctor, holding autopsy, found following injuries on the person of victim Kotai: (1) One penetrating wo..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......perty. As such the Court committed no illegality in allowing the application inserting plot number in the schedule to the Execution Application. It is also stated that there was no illegality in holding auction sale by the Court below. 8. Respondent No. 3, the auction purchaser contended t..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......Act it was incumbent upon the Company to hold the 7th AGM no later than 28-5-2014 i.e. within a period of fifteen months computed from the date of the 6th AGM. However, citing inadvertence in so duly holding the 7th AGM and attributing the delay to circumstances not amounting to laches or negli..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
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. ......iod has already been expired on 31st July, 2010 and thereafter, the said lease period was not extended further. Since there is no breach of any obligation of contract, I do not find any difficulty in holding that the plaintiffs being a monthly tenant under the defendant-opposite party have no legal ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
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