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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.
...... Bench) as per Supreme Court of Bangladesh (High Court Division) Rules, 1973. Let the matter be placed before the Honorable Chief Justice for Constitution of a Full Bench for a day.”
3. In view of the above order, the matter has been placed before the Hon’ble Chief Justice who has b..
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 ......section. So, it can be presumed that legislature contemplated various other reasons where the cheque is dishonoured." (underlining is our's) We are in respectful agreement with the view expressed in this case. (2) In 63 DLR (2011) 137: (Shah Alam Vs. State) Bench of this Divi..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
......rovisions in section 40 as to settlement of any dispute between the licensees, or licensees and consumers by way of arbitration, yet the petitioner-company could not avail itself thereof in view of the fact that the Bangladesh Energy Regulatory Commission Dispute Settlement Regulations, 20..
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
......Court in the Badar Box case, is still a valid law, and since the learned DAG has not referred to any other authority relying on which we can depart from the said decision of this Court, we are of the view that since the order of suspension by the impugned memo was issued by the concerned Commissione..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
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 ......of bainapatra claimed additional amount of Taka 5,00,000 to execute and register the kabala ignoring the terms of bainapatra as well as the legal notice issued by the plaintiff-petitioner and in such view of the matter the finding of the trial Judge that the plaintiff could not perform his part is p..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
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 ......d evidence, it appears that disputed land of opposite party No. 1 are divided land under separate holding No. 8/1 in which the pre-emptor petitioner's holding No. 8 of Kushtia Pourashava. My view is, therefore, that the trial court below was perfectly justified in holding that the land unde..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 ......e the deceased Shirina Khatun or the condemned-prisoner-Rabbani killed his wife by pushing insecticide poison, and as it is not proved by any tangible evidence; there is a little scope to hold such a view that the deceased died by pushing poison or by injecting poison to her body and there are some ..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: ......ker Diliruzzaman, Deputy Attorney General, and Bashir Ahmed, Additional Deputy Attorney General, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Criminal Review Petition No.62 of 2015. (From the judgment and order dated 16.05.2015 in Criminal Appeal N..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)
....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 ...... on record that the governing body has initialed any disciplinary proceeding against the petitioner, though it has kept the petitioner under suspension for in definite period. 7. In our consider view, this order of suspension dated 12-10-2014 bearing Memo No. উ/তে/বি/০২/১..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 ......ment 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 under section 56 in view of Clause (Ka) of sub-section (1) of section 56. In exercising such power under section&nb..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 ......s above submission in a simpler version, he posits that the provisions of Order I, rules 3 and 10 of the CPC have hardly any scope to be applicable in the petitioner's case in view of the provision of section 6(5) of the Ain, 2003 wherein the Legislature has specifi..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)
....hat the IJCT has the authority to call for any records from the DCT in respect of any proceeding before him under this Ordinance if the IJCT considers that any order passed in the said proceedings is erroneous and such error caused prejudice to the interest of the revenue, and, upon examination, he ......#39; as received by the petitioner in this case has been misconceived by the tax authorities and, as such, the same has been regarded as capital gains without jurisdiction. Thus, this Court is of the view that, the entire exercise of powers by the customs authority, in so far as this 'signing mo..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 ......bur Rahman, learned Counsel for the petitioner and Mr. Shafique Ahmed, learned Counsel for the respondent. 6. We have perused the impugned order. The election petitions have been rejected on the view that those were barred by law without mentioning under what provision of law. But from the disc..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......a and entered into the household of Sree Nuton Chandra Singha who was performing his prayer at that time in the temple, a Hindu religious prayer place, accused Salauddin Qader Chowdhury expressed his view to the Pakistani invading force that he had instructions from his father to kill Nuton Chandra ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....ch in determining the question of facts involved in this case unfortunately passed the Judgment without giving a judicial consideration of the whole dispute between the parties and decided the matter erroneously………………….(20) Case Referred to- ...... 10. In the instant Rule the moot question to be looked into whether the property in question has been legally declared as abandoned property and whether the property is at all come within the purview of the definition "abandoned." Before going through the merit of the case the provisi..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....le 7 of rule 1 of order XVII and the defendants Tightly filed the application under rule 13 of order IX of the code of civil procedure, as such the findings of the courts below is erroneous one. Lawyers Involved: Md. Khaled Ahmed, Advocate— For the Appellants. ......vibazar under section 115(2) of the Code of Civil Procedure, who after hearing the parties and considering the procedure of law also rejected the revisional application considering the same view as taken by the trial Court. The appellate court opined to the effect:-- “উল্..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....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.
......ct; that on 3-6-2002 the appellate authority took up the appeal for hearing and examined the Badar investigation report which was 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 S..
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)
....annot be sustained in law. 16. Be that as it may, since the High Court Division did not enter into the merit of the appeal and sent the suit on remand to the trial Court for fresh hearing on the erroneous view of the facts and the law as pointed out hereinbefore and we have heard both the parti......l in case he is affected by a decree passed in a suit. But unfortunately, the High Court Division did not accept the said submission of the learned Advocate for defendant No. 3-respondent on the view "As we have found from the record that the summons was not served on the defendant No.3 an..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......Mirpur, Dhaka is liable to be released from the ‘ka’ list of the abandoned building as published in the Bangladesh Gazettee Extra Ordinary, on 23.09.1986. Hossain further submits that, in view of petitioners’ possession in the disputed property the same cannot be enlisted in &ldquo..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....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
......llege, as approved and directed by the respondent No. 2, although name of Mr.Golam Sarwar was not at all sent by the head of the institution, vide letter dated 21-9-2014, Annexure-E. As such, in view of the foregoing facts and circumstances, we find that respondent No. 2 has appointed Mr.Golam ..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
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