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.... 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 allege and prove constitutes the cause of action. ......ellate Jurisdiction)
Present:
Soumendra Sarker J
Quazi Reza-Ul Hoque J
N. Deb Choudhury J
Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another……………………………A......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)
....scharged 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 of facts to be decided by the trial court upon taking evidence, which the complainant is entitled to ad......n J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others…………………………Respondent......he Trial Court— Questions raised before this court by way of filing this application under section 561A are mainly questions of facts to be decided by the trial court upon taking evidence, which the complainant is entitled to adduce at the time of trial..………..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
......2016) 165
......fact. The alleged tampering with the meter by the petitioner-company cannot be decided at all in this summary proceeding under Article 102 of the Constitution. It is essentially a matter of evidence and trial. In that view of the matter, we are of the opinion that the dispute regarding slo..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....itted under the said Special Bonded Warehouse License of the petitioner company, 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, being a limited company, is e......
......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....ents shall not be directed to deliver a new Machine Readable Passport (MRP) to the petitioner and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a citizen of Bangla...... Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others……………………………&h......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)
....om judgment and decree dated 31-7-2011 (decree signed on 7-8-2011) passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 270 of 2007 dismissing the suit. 2. The relevant facts briefly are that the appellant herein as plaintiff brought the aforesaid Title Suit No. 270 of......; Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Judgment December 15, 201......ndant paid balance consideration money within time as mentioned in the bainapatra? iv) Whether the plaintiff is entitled to get any other reliefs? 5. The trial Court on consideration of the evidence on record found that the plaintiff having failed to perform his part and dismissed the suit..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....(Cal) 467, AIR 1985 (Orissa) 137, 31 DLR (AD) 320, Volum-7 ADC 593, 6 MLR (AD) 46 and 65 DLR (AD) 82 as cited by Mr. Nurul Amin in support of his lengthy argument have no manner of application in the facts and circumstance of the case as the facts of the instant case are quite distinguishable from t...... This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......p; 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 improve the ultimate result of the case…......(26) Case Referred ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
.... No.48 of 2010 is accepted. The Criminal Appeal is dismissed. Evidence Act (1 of 1872); 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...... 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 living in their residence the wife Shirina Khatun bec...... 4. During trial as many as 10 witnesses were examined from the side of the prosecution and defence examined none but they have cross-examined the prosecution witnesses. 5. After the close of evidence from the prosecution side the condemned-prisoner Md. Golam Rabbani was examined under secti..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
.... The truth is that some crimes are so outrageous that society insists on adequate punishment, because the wrong doer deserves it, irrespective of whether it is a deterrent or not. It is admitted facts that the petitioner was initially the President of ICS, Faridpur District Branch and during th......on 3(2) International Crimes Tribunal-2 (ICT-2) [Tribunal constituted under section 6 (1) of the International Crimes Tribunal Act, 1973(XIX of 1973] [Charges: crimes against Humanity and aiding & complicity to commit such crimes as specified in section 3(2) (a) (g) (h) of the Ac......t the testimonies of P.Ws.2 and 5 are not reliable, that the members of “Badr bahini” were in fact, “ফালতু” (Extras) and they were mere sources of Pak Army; that the evidence adduced by the prosecution for this charge were not sufficient to convict the appellant; th..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)
....University and has also placed an unreported judgment dated 9-3-2014 passed in Writ Petition No. 1897 of 2014: Md. Jashimuddin Vs. Government of the PRB. He has prayed making the Rule absolute in the facts and circumstances of this case. 4. The Learned Deputy Attorney-General Mr. ASM Nazmul Hoq......ellip;……………………………………………Petitioner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: ......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 ..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)
....espondent Judgment November 5, 2015 Result: The Rule is made absolute. An Ex-Parte Decree— How the Court Passed— The ex-parte decree passed upon the admitted facts has been absolutely vitiated by perversity. In this case the Adalat exceeded it's jurisdic......016) 148 ......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 ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... 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 ...... Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Respondent Judgment Se......য়।” 10. I am of the opinion that this finding of reversal by the court of appeal below is not permissible under law. First, to consider affidavit scorned before a notary public is not evidence, nor it is a fact but a certificate of a state of thing. Secondly, such affidavit is to pro..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)
....VAT officer admittedly acted under section 9(2) and not under section 56, the impugned directions and/or actions of the concerned officers were without jurisdiction as the prerequisite facts for exercising such jurisdiction as contemplated under Clauses-'Ka' to 'Ta' of......Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent Judgment August 30, 2015 Result: ......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 ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....inafter referred to as "the Adalat") rejecting the petitioner's application dated 15-1-2014 for striking out her name as a defendant from the plaint of the suit. 2. Succinctly, the facts of the case, as stated in the writ petition, are that the petitioner is the daughter of late K......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2....... 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 ..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)
....e said Ordinance upholding the said order 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 citize......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ......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 ..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 ......b Miah J Nazmun Ara Sultana J Md. Imman Ali J Hasan Foez Siddique J Major General Abdus Salam (Retd)........Petitioner (In both cases) Vs. Bangladesh Election Commission and another…………...Respondents (In both cases) Judgment August ......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
....illed Nutan Chandra Singha.
17. P.W. 5 corroborated P.W.4 in material particulars. He is the son of victim Nutan Chandra Singha. In order to avoid repetition, I refrain from reiterating the facts relating to the establishment of Kundeshwari organizations and the relationship of their famil..............................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2015.
Result:
The conviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
......the actual commission of an offence of confinement, abduction and torture as crimes against humanity as specified in section 3(2)(a) of the Act."
3. In support of the charges besides ocular evidence, the prosecution has also relied upon circumstantial as well as documentary evidence. ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....ase, there was nothing on record that could have reasonably led the Court of Settlement to find otherwise. The Court of Settlement without following a judicial approach in determining the question of facts involved in this case unfortunately passed the Judgment without giving a judicial consideratio......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h......ntrol and possession of the property in question. He further argued that the Court of Settlement rightly observed that though the Petitioner submitted some documents but those have not been proved by evidence. Mr. Islam also argued that the Petitioner is not the owner of the property and she can not..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....nbsp;13 of the Code of Civil Procedure for setting-aside the ex-parte decree and thus Miscellaneous Case No. 10 of 2005 was started. The trial court after hearing the parties and considering the facts and circumstances of the case rejected the said application on the ground that the petitioner ......This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......he Court shall fix a day for the further hearing of the suit, and may make such order as it thinks fit with respect to the costs occasioned by the adjournment: Provided that, when the hearing of evidence has once begun, the hearing of the suit shall be continued from day to day until all the wi..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....2656 of 1998, both under Rule 31 of the East Bengal Tenancy Rules, 1955, were decided against the appellants, vide the judgment and order dated 14.10.2001, which is well reasoned and all the relevant facts have been detailed in the said judgment as well as the decision of the superior court has been......;J
Farid Ahmed J
Esrarul Huq Chowdhury……………………….Appellants
Vs.
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
Th......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
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