Search Options
Judgment Advanced Search
Displaying 1-20 of 3988 results.
....on Act which shows that the question of proof of the quantum of loss is very much pertinent and in determining the quantum of loss the question of assessment and evaluation and verification about the claim ought to have been made as it has been done in the instant case by two surveyors as also by th...... Ltd. and others………………...Respondents
Judgment
March 29, 2016.
Result:
The Petition is dismissed.
Every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court......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.
..
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 ......hellip;……Respondent Judgment February 29, 2016 Result: The Rule is discharged Questions of Facts to be decided by the Trial Court— Questions raised before this court by way of filing this application under section 561A are mainly questions ......tion 138 of Negotiable Instrument (Amendment) Act, 2006, alleging, inter alia, that the complainant and the accused are neighbours and are known to each other. In the course of transaction, money was due to the complainant from the accused. To pay the dues, the accused, on 28-7-2009, gave ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
....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
......ter bearing No. 05920120, removed the same and set up another meter bearing No. 07922470 without rhyme or reason. On 27-1-2008, the petitioner obtained permission from Comilla Palli Bidyut Samittee-1 for supply of electricity for the operation of the CNG Filling Station and since then it has been ru....../2012/7927 directing the petitioner to pay a sum of Taka 69, 58,370 only within 15(fifteen) days and asking it to take re-connection of the electric line after payment of the aforementioned amount of money. Anyway, on 28-11-2012, the petitioner made a written representation to the respondent Nos. 2 ..
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
......though there was no such specific requirement in the said provision…………(12)
Determination of Liability—
Though the Commissioner has power to issue an order for stoppage of export/import of a defaulter under section 202 of the Customs Act, 1969, w......e of either show cause or demand, notice upon the petitioner for realization of any duties or taxes under the Customs Act, 1969. The only demand on the petitioner for realization of certain amount of money was done before 30-4-2015, on which day the Commissioner of Customs, vide adjudication order N..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....0-2015. Since the petitioner is fugitive from justice he is not entitled to a passport. Respondent No.2 rightly refused to the petitioner. In fact, the petitioner being a fugitive from justice cannot claim to have to a passport. Therefore, the Rule is liable to be discharged with costs. 4. The ......elled different countries of the world on many occasions. The passport was issued in favour of the petitioner on 23-11-2006. Later on, the petitioner went to the office of respondent No.2 and applied for a new Machine Readable Passport (MRP). Respondent No. 2 duly received necessary papers from the ......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... 10,000 = 20,000 on two occasions (Ext-5) from the plaintiff and by spending the said money got mutation in his name on 5-12-2006 and the defendant No. 1 most illegally beyond the terms of bainapatra claimed additional amount of Taka 5,00,000 to execute and register the kabala ignoring the terms of ......ere in any contract, time is intended to be of the essence of the contract, it is not sufficient to find whether there was such intention or not, but it is necessary to find whose unwillingness to perform his part of the obligation under the contract eventually led to the non-performance of the cont......gness to perform the obligations undertaken by him are proved. in this case the plaintiff petitioner has successfully proved his readiness and willingness to pay the balance of the consideration money within the stipulated period of time, there being no controversy regarding the failure of the ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....nd is no doubt a homestead, but is not a dwelling house of an undivided family" is utterly misconceived. In the suit land an undivided dwelling house is situated. The defendant himself claimed to be residing in a portion there. The suit property never lost its character of an und......n and others............Respondents Judgment December 11, 2015. Result: The appeal is dismissed. On long drop 16/17 years if a case is remanded to the trial Court below for deciding afresh in giving opportunity to the parties to add further evidence that will not ......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 ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....man Medical College Hospital, Bogra holding postmortem of the dead body on 30-11-2006 keeping 11-9-2008 which was read over and explained to the condemned-prisoner, at which he pleaded not guilty and claimed to be tried. 4. During trial as many as 10 witnesses were examined from the side of the...... Judgment Soumendra Sarker J.— This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 3rd Court, Bogra for confirmation of the death sentence awarded against the condemned-prisoner Md. Golam Rabbani Khan......t and handed over it to her husband Golam Rabbani with a condition that Golam Rabbani will re-pay the amount within one month. But while he did not return the said amount, Shirina Khatun demanded the money, at which the husband of the deceased, Golam Rabbani became very much furious with his wife an..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......against Humanity and aiding & complicity to commit such crimes as specified in section 3(2) (a) (g) (h) of the Act No. XIX of 1973] The Petitioner Ali Ahsan Muhammad Mujahid was found guilty for the “Crimes against Humanity enumerated in Section 3(2) of the ICT Act listed in charge No......, Md. Kamaruzzaman Vs. Chief Prosecutor International Crime Tribunal, Dhaka which are as follows: “Islam demands “Death for Death” with the provision of payment of “blood money”. Some modern Humanists used to press for “death in no case” or “God A..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
.... 23,100 shares issued to Late Khalilur Rahman Chowdhury in the Company, the petitioner, by inheritance, is entitled to get a small portion of shares against which the Company would not be entitled to claim any money as the same are fully paid-up shares. When the petitioner came to know about the ins......of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely adjudicate u...... its own motion or upon application of either party for effective and complete adjudication of all questions involved in the case………….(21 & 22) Adjusting the loan-money from the assets and properties of the principal-debtor (the Company)—The Bank as per the..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 ......rder 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 for the disposal of the Rule, are that the petitioner, a citizen of Bangladesh holding TIN No. 61709......xercised Jurisdiction beyond its Power —under section 120 read with 82BB as well as section 121A of the Income Tax Ordinance. The very concept of 'signing money' or 'earnest money' as received by the petitioner in this case has been misconceiv..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)
.... in the 10th Parliament Election held on 5-1-2014, is void." In the context, we may look into sub-article (2) of article 51 of the RPO which reads as under: "A petitioner may claim as relief any of the following declarations, namely- (a) that the election of the returne...... August 13, 2015. Result: The petitions are disposed of. Whether the Election Petitions were Maintainable in Law— The petitioner being a proposed "candidate" for election as a Member of the Parliament for the Constituency in question, he had every locus......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 ..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
....the evidence of P.Ws. 3,28 and held that deceased Satish Chandra Palit had admitted enmity with the accused from before the incident; that P.W. 28 is an eye witness could not be disbelieved about his claim that Salauddin Qader Chowdhury participated in the killing of Satish Chandra Palit as his......r section 3(2)(a)(h); in respect of charge No. 17 under section 3(2)(a) and in respect of charge No. 18 under section 3(2)(a) of the International Crimes (Tribunals) Act, 1973.
2. Facts relevant for the disposal of the appeal are as under:
The investigation agency conducted a prelimin......tijuddah decided to attack the Rajakars' camps. He was a student of college at that time and on being inspired by the gallantry fighting of the freedom fighters, he joined the elders who supplied money, materials and cooked food to the freedom fighters. They set up a check post under the banyan ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....f 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 and enlisted in the "Kha" list of t......serting the property with the intention of never returning to it. Such absolute desertion must be concomitant with the positive intention to give up the right vested in the property. It follows, therefore, that mere temporary or occasional absence of physical possession shall not of itself suffice t......t for sale being No. 22877 dated 12-12-1980 in favour of one Abdur Rob Biswas, the husband of the present Petitioner at a consideration of Taka. 80,000 out of which he received Taka 40,000 as earnest money and delivered possession of the property. On the same day he executed and registered a power o..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....ing rent upto 1411 BS; that although the petitioner along with his co-sharers have been owning and possessing the 118 decimal of land with other lands since long 80 years, one Anisur Rahman Chowdhury claiming ownership of 35 decimal of land filed objection Case No. 650 under Rule 31 of the East Beng......al of land of plot Nos. 2807 and 2810 with Hamidul Huq Chowdhury on the basis of the partition decree in Suit No. 1366 of 1926 and while in possession the BS (DP) khatian No.1124 showing plot No.5310 for 42 decimal 5310/5458 for 46 decimal along with other lands have been rightly prepared in the nam......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.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....e of Government of Bangladesh Vs. Md. Jalil and others, reported in 48 DLR (AD)10, that their Lordships held that,
“The Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the ......ng as published in the Bangladesh Gazette Extra Ordinary on 23.09.1986 and pass such other or further order or orders as to this Court may seem fit and proper.”
2. Relevant facts necessary for disposal of this Rule, in brief, is that, the predecessor-in-interest of the vendor of the petit......rsonal Law and he also obtained a succession certificate on 14.04.1979 in Succession Certificate Case No. 241 of 1979 from the 3rd Court of Subordinate Judge, Dhaka for the purpose of recovering loan money left by Syed Abdus Sattar from one Md. Nazrul Islam amounting to Tk. 925.00 (Annexure-B1 to th..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....pondents requesting them to supply him a certificate of deduction of advance income tax in the financial year 2007-2008, the ACC endorsed to the petitioner a photo copy of a Memo dated 17-7-2008 claiming an amount of Taka 33,725 as VAT. 4. The petitioner, thereafter received two Memos date......s of no legal effect and why the respondents shall not be directed to 1 cancel, withdraw or rescind the same." 2. The petitioner, Mr. Mahmudul Islam has been engaged in the legal profession for over 50 years as and is at present a Senior Advocate of the Supreme Court. Respondent No. 1 Anti......cult for many reasons to realize the tax in normal course and in the actual place then, provisions are made to deduct that tax at its source. This system of deducting tax at the source from where the money comes is called tax deduction at source. So, VDS is not a separate tax, rather it is the ..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ......al by leave is directed against the order dated 20-7-1999 passed by the High Court Division in Writ Petition No.1774 of 1995 making the Rule absolute in part and directing the appellant to take steps for final assessment of compensation in accordance with the provision of sub-section (5) of section ......ing complete failure of justice inasmuch as the High Court Division did not consider the submission of the petitioner that the assessment was made for the requisitioned land and the compensation money was paid to the father of the respondent and therefore has caused complete failure of justice...Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
.... for a Penalty under section 9(1) of Act VIII of 2000 prima facie proved. Accordingly cognizance was taken by the tribunal, charge was framed to whicfc however the sole accused pleaded not guilty and claimed to be tried. Next in order to bring the charge home the prosecution produced as many as 7 wi......sentence dated 19-4-2012 passed in Nari-o-Shishu Case No. 3 of 2003 arising out of Khoksa Police Station Case No. 3 dated 13-9-2002 by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, (for short, the tribunal) convicting the appellant under section 9(1) of Nari-o-Shishu Nirjatan Daman......3. "That consent obtained by fraud is no consent at all, is not true as a general proposition either in fact or in law. If a man meets a woman in the street and knowingly gives her bad money in order to procure her consent to intercourse with him, he obtains her consent by fraud, but ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... acts when their demand for dowry of a motorbike or a coloured television is not met by the victims. Sometimes they demand cash for going abroad. They torture them to death as a tool to justify their claim. This apart, having regard to the variety of the social upbringing of the citizens, to the dis......Jail Petitions)
Civil Appeal No.116 of 2010
(From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.)
With
Criminal Petition for Leave to Appeal No.374 of 2011
(From the judgment and order dated 25.5.2011 passed by the H...... 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:
..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
94999655971397199712970396039709922396999702956695689683971791939661956297169114