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....yable after proof of the loss has been given to or received by the insurers”- “the period of limitation is 3(three) years” and time from which periods bearings to run is- “The date of the occurrence causing the loss”.
“Time from which period begins to run&rdq......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.
...... 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..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....the Rule issued under section 561A of the Code of Criminal Procedure, by the usurping function of a trial court. ……..(10) A cheque, which is otherwise complete except the date, will be treated as an inchoate document handed over to the payee with implied authority (unles...... on 12-8-2009, bearing 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 receive......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 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
....as issued on 27-5-2015 in the following terms. "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Order vide Memo No.৩/কল/বগ/৯৭৬/৮৫ dated 20-5-2015 passed by the Respondent No.4 (as contained in Annexure-C) releasing the petitioner ......eclared to have been passed without lawful authority and is of no legal effect. 6. Substantiating his argument the learned counsel submits that the 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 que......on, Rajshahi issued a letter dated 1-1-2015 under section 39 of the Intermediate & Secondary Education Ordinance, 1961 giving approval of the Ad-hoc Committee of the College in question for a period of 6 (six) months till 30-6-2015 (Annexure-A). Accordingly, Ad-hoc Committee was formed..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....the respondents to show cause as to why the disconnection of the electric line of the petitioner bearing meter No. 07922470, account No. 13-174-2650, Belashar, Chandina, Comilla and the demand notice dated 26-11-2012 issued by the respondent No. 2 vide his office Memo No. Comilla PBS-1/400.13/2012/7......g upon the respondents to show cause as to why the disconnection of the electric line of the petitioner bearing meter No. 07922470, account No. 13-174-2650, Belashar, Chandina, Comilla and the demand notice dated 26-11-2012 issued by the respondent No. 2 vide his office Memo No. Comilla PBS-1/400.13......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..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....toms 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 No. 2 of 2015 dated 30-4-2015, imposed a certain amount of penalty upon the petitioner (See annexure CC to the sup......stice—
Since no punishment could be imposed without adhering to the principle of audi alteram partem, the 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 requireme......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..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....ion. The case of respondent No.2 in short, is that, the status of the petitioner is different from that of the status of the normal citizens of the country. The report of the Special Branch of Police dated 25-10-2015, reveals that there are as many as 14 criminal cases pending against the petitioner......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 ......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 ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....;For added the Respondent No. 3. First Appeal No. 317 of 2011 with Civil Rule No. 894(F) of 2011 Judgment Sheikh Abdul Awal J.—This First Appeal is from judgment and decree dated 31-7-2011 (decree signed on 7-8-2011) passed by the learned Joint District Judge, 1st Court, D...... of agreement but the defendant No. 1 did not execute and register the kabala within 6(six) months in spite of tender of the balance consideration money. In this backdrop the plaintiff issued a legal notice on 21-1-2007 to the defendant No.1 asking to execute and register the sale deed on taking the......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..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....r the Respondents. First Miscellaneous Appeal No. 183 of 1998. Judgment Sheikh Abdul Awal J .— This First Miscellaneous Appeal is directed against the impugned judgment and order dated 17-5-1998 passed by the then Sub-ordinate Judge, 1* Court, Kushtia in Miscellaneous (pre-empti......intiff opposite party No.1 sold his 50% undivided share of land on 14-2-1982, 16-2-1982, 15-7-1982 and 17-7-1982 by 6 Kabalas (Exhibit Nos.'Cha' and 'Chha' series) without serving any notice upon the predecessor of the present appellants and hence, Md. Yeamin Nobi, the predeces&......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 ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....harge of Kahalu police station on 5-12-2006 alleging that the deceased Shirina Khatun was his full sister who got herself married with the condemned-prisoner Golam Rabbani prior to 16/17 years to the date of occurrence. The accused No. 2 and 3 are the mother and step father of the condemned-prisoner......72); Section 106 Section 106 of the Evidence Act has attribute the liability of proving the facts on the accused when the same is especially within his knowledge. In this case; we have noticed that the condemned-prisoner Golam Rabbani and his wife the deceased Shirina Khatun while liv...... 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..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
.... constituted selection committee selected the petitioner to be appointed for the said post and consequently the petitioner has joined the said School, on 11-4-1999, pursuant to the appointment letter dated 7-4-1999 issued by the Chairman of the Managing Committee Uzan Teura TUM High School, Sundargo......ioner was suspended by the Managing Committee on 12-10-2014, with a malafide intention. But they have not initiated any departmental proceeding against the petitioner by way of issuing any show cause notice or charge sheet, although the petitioner has been kept under suspension till today without ap......titution, a Rule has been issued calling upon the respondents to show cause 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 ..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)
....l Hamid Chowdhury (Iqbal) and another, this Rule was issued in following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the order and ex-parte decree dated 3-3-2014 passed by the Artha Rin Adalat & Joint District Judge, 2nd Court, Sylhet in Artha......onditions of the loan. But owing to nonpayment in part or full amount of the outstanding the respondent No. 2 Agrani Bank Ltd. Zinda Bazar Branch, Sylhet through their engaged advocate served a legal notice upon the defendants notifying that due to nonpayment of any amount they will have to auction ......nd is of no legal effect." 2. The background leading to the Rule, in short is that the respondent No.2-Agrani Bank Limited, Zinda Bazar, Sylhet as plaintiff filed Artha Rin Case No.3/2013 before the Artha Rin Adalat and Joint District Judge, 2nd Court, Sylhet for recovery of Taka 65,16,608..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... None appears—For the Opposite parties. Civil Revision No.1118 of 2005 Judgment Sharif Uddin Chaklader J.— This Rule, by the pre-emptee, directed against judgment and order dated 9-11-2004 passed by the learned Additional District Judge, 1st court, Narayangonj allowing Mis...... 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 ......ge disclosed by pre-emptor in his deposition is not correct as he could not know the date of knowledge in the first part of January, 1993. 4. Mr. Syed Ridwan Hossain, learned Advocate, appearing for the pre-emptee petitioner, submits that, the depositions of the witnesses and also statement in ..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)
....n Writ Petition No. 3203 of 2004 2. Rule Nisi was issued asking the respondents to show cause as to why the demand notices issued by respondent No. 2, vide nathi No. 4/VAT/Oil(3)91/Part-1/00/833 dated 27-5-2004, for Taka 22,80,974, and vide nathi No.4/VAT/Oil(3)91/Part-1/00/917 dated 6-6-2004 d......ether for hearing, and are now being disposed of by this single judgment. In Writ Petition No. 3203 of 2004 2. Rule Nisi was issued asking the respondents to show cause as to why the demand notices issued by respondent No. 2, vide nathi No. 4/VAT/Oil(3)91/Part-1/00/833 dated 27-5-2004, for......s………..Respondent Judgment August 30, 2015 Result: The Rules are made absolute. Whether the concerned officer can issue direction on the delinquent person for adjustment of current account register or whether the officer can himself do such direct readjus..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)
....udgment 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 ......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 ...... 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..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....Khan Masud) are sentenced to confinement till rising of this Court, this day and to pay a fine of Tk.10,000/-(Ten thousand) 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 al......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: ......rder. 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 punish for contempt of Court any citizen of the country, being the highest Court of the country, this Divis..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....hondaker Diliruzzaman, DAG. arid Bashir Ahmed, AAG, instructed by Mahmuda Parveen, Advocate-on-Record— For the Respondent.
Criminal Appeal No.122 of 2013.
(From the judgment and order dated 1-10-2013 passed by the International Crimes Tribunal No.1 (ICT-1), Dhaka in ICT-BD Case No.2 ...... was assured that if they would remain in their houses, they would not face any difficulty. Hearing the assurance, they returned to their houses and sat for taking meal at home. Soon thereafter, they noticed that Salauddin Qader Chowdhury with armed army was standing on their door. One army personne......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..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....plication under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the decision dated 10-12-2009 passed by Respondent No. 3 in Case No. 221 of 1992 dismissing the case and thereby ......ary or occasional absence 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 legal......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..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....ction 115(4) of the Code of Civil Procedure without granting leave this court issued Rule calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned judgment and order dated 15-9-2005 passed by the learned District Judge, Moulvibazar in Civil Revision No. 34 of 2005 a......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......5 Result: Rule is made absolute. Setting aside the Ex-Parte Decree under Sub-Rule 7 of Rule 1 of Order XVII— If any case decreed ex-parte on failure of the parties for non compliance of the procedure of sub-rule 3 or 4 of rule 1 of order XVII only then t..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....der Article 102(2)(a)(i) and (ii) of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued, calling upon the respondents to show cause as to why the order dated 17-5-2003 passed by the respondent No. 6 in pursuance of the order dated 19-2-2003 passed by t......erred under Article 42(1) of the constitution as those are without lawful authority and is of no legal effect; that as soon as the petitioner came to know about the impugned orders served a notice demanding notice through his lawyer but yet received no reply or any positive act in rescindi......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..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....h, Advocate-on-Record—For Respondent No. 5. None Rrepresented—For Respondent Nos. 6-8. Civil Petition for Leave to Appeal No.1536 of 2010. (From the judgment and order dated the 4th day of June, 2009 passed by the High Court Division in First Appeal No. 328 of 1994) ......process duly did not appear in the suit, and consequently it was decided against defendant No.3 ex parte. The defendant No.3 is the respondent No. 3, in the appeal, and he on receipt of the notice of the appeal entered appearance in the appeal by engaging learned Advocate." 9. So......a, Advocate-on-Record— For Respondent Nos. 1-4. Md Firoz Shah, Advocate-on-Record—For Respondent No. 5. None Rrepresented—For Respondent Nos. 6-8. Civil Petition for Leave to Appeal No.1536 of 2010. (From the judgment and order dated the 4th day of June, 20..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
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