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....that the suit is not barred by limitation and accordingly decreed the suit in part, and as such, prays for setting aside the impugned judgment and decree on allowing the appeal.
10. On the other hand Mr. Hassan Shaheed Quamruzzaman, the learned Advocate appearing for the plaintiff-respondent su......And also in the case of Tar Muhammad & Co. Vs. Federation of Pakistan and others, 9 DLR 197, a Division bench of the then Dacca High Court, held that;
Now the cause of action, as it means, denotes a bundle of essential facts which is necessary for the plaintiff to prove before he can succee..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....f 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 (unless an express authority is annexed) to write th......ould not be considered by this court at the time of hearing the Rule issued under section 561A of the Code of Criminal Procedure, by the usurping function of a trial court. 11. We have noted that in 57 DLR 603, (Khalilur Rahman Vs. Md. Habibullah) in that case a Bench of this Div..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
....llation of the Governing Body and Managing Committee. His submission is that the impugned order as has been done is absolutely in utter disregard to this provision in particular. 7. On the other hand, Mr. Binod Kumar Agarwal, the learned counsel appearing on behalf of the added respondent No. 6...... 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 ..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....ngla Customs House only, the suspension order was without lawful authority.
8. Mr. Moniruzzaman, learned Deputy Attorney General appearing for the concerned Commissioner of Customs, on the other hand, frankly concedes that in so far as locking of BIN and stoppage of export/import of the petitio......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
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Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....-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 petitioner and handed over a "delivery slip" to the petitioner. In the delivery slip it is written that t......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
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....d suffers from patent illegality and, as such, the same is liable to be set-said. 8. Mr. AKM Golam Mohiuddin, the learned Advocate appearing for the defendant-respondents, on the other hand, supports the impugned order and contends that the learned Sub-ordinate Judge was perfectly jus......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)
....hirina Khatun denied, at which all the three accused started torture to her. Shirina Khatun at a stage of that finding no other alternative managed Taka 60,000 (sixty thousand) from the informant and handed over it to her husband Golam Rabbani with a condition that Golam Rabbani will re-pay the amou......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 ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....launching attack against the “Hindu Community” of village Bakchar, Faridpur and killing Birendra Saha, Nripen Sikder, Sanu Saha, Jogobandhu Mitra, Jaladhar Mitra, Satya Ranjan Das, Nirod Bhandu Mitra, Profulla Mitra and Upen Saha. 3. In review petition, the Review Petitioner took as......tured the higher consciousness of mankind, chased death penalty out of half the globe and changed world view on its morality. “Every saint has a past and every sinner of future” strikes a note of reformatory potential even in the most ghastly crime. This axiom is a vote against death and..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)
....the MPO from May, 1995. We also find, that the petitioner has been suspended on 12-10-2014 (Annexure-B), but no time has been mentioned in the said letter as to the period of suspension. On the other hand we do not find any materials on record that the governing body has initialed any disciplinary p......rson suspended shall be entitled to receive full pay, instead of subsistence allowance, till the suspension order/letter ends up in a final order. 13. Next, we also record that, for the conducts noted above, the Chairman and other members of the Managing Committee as well as the concerned offic..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)
....at aspect, their Lordships in that writ petition concluded that the petitioners did not have entitlement to avail writ jurisdiction in view of the availability of the alternative remedy. On the other hand, the issue as regards the said officers authority to do direct adjustment under sub-section (2)......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)
....he heirs is necessary to ensure that those are not sold at a too low price to their disadvantage…..(44) Case Referred to- SM Rabia Khatun Vs. Ramkali Mahajan 2 DLR 385; Probodh Chandra Vs. Jatindra Mohan, AIR 1940 Calcutta 177 Lawyers Involved: Qumrul Haque Siddique&n......rtinent to look at the definition of the Promissory Note provided in section 4 of the Negotiable Instruments Act, 1881 which is as under: "Promissory Note"-A "promissory note" is an instrument in writing (not being a bank-note or a currency-note) containing an unco..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
....Act.
"On 13th April, 1971 around 9-00 am to 10-00am accused Salauddin Qader Chowdhury led the Pakistani Army to Kundeshwari Owsadalay of Gohira 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 pla......f in course of lengthy cross examination. He showed the room to the investigation officer on the first floor wherefrom he saw the incident and that the investigation officer prepared a sketch map and noted down the topography. He stated that his father used to live in the ground floor and other..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
.... including the predecessor of the petitioner Obaidul Huq Chowdhury got 88 decimal of land and Shamsul Huq Chowdhury got 30 decimal of land which correctly recorded in SA khatian No. 629. On the other hand, SA khatian Nos. 333 and 334 were prepared in respect of plot Nos. 2699, 2702, 2703 and 2705 in...... recently the respondent No. 9 accompanied with some persons tried to disturb the possession of the petitioner and while the petitioner raised objection the respondent No. 9 claimed possession as per note in the remark column of BS (DP) khatian No. 11 24 in such way “হাল ৫৩১০/৫..
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)
....t. The impugned judgment and decree calls for interference by this Court. 7. Mr. Sheikh Mohammad Morshed, learned Advocate who entered caveat on behalf of the plaintiff-respondents, on the other hand, supported the impugned judgment and decree. He submits that as summons of the suit was no...... the learned Advocates for the defendant-respondents (besides respondent No.3, respondent No. 2 also contested the appeal). The submission made by the learned Advocate for the appellants as noted in the impugned judgment and decree were as under: "Mr. SK Md Morshed, learned Advoc..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....lsquo;ka’ list of the abandoned property. On referring those decision and facts as stated above the learned advocate for the petitioners prays for making the Rule absolute.
5. On the other hand, S. Rashed Jahangir, the learned Deputy Attorney General appearing for the respondent No. 1 tak......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:
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Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....de absolute declaring the Memos impugned against to be without lawful authority. 10. Mr. Md. Khurshid Alam Khan, the learned counsel appearing on behalf of the respondent No. 1 ACC, on the other hand, opposes the Rule by filing a written submissions wherein he has categorized his subm...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ..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)
....ather of the respondent and, as such, the impugned judgment should be set aside. 9. Mr. Md. Taufique Hossain, learned Advocate-on-Record, appearing on behalf of the respondent, on the other hand, supported the impugned judgment delivered by the High Court Division. 10. We have conside......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 ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....l town, at about 6 PM that is in the early part of the evening, there must have been some witness of who saw Sanjay forcefully drag Malati to his house. It is practically not easy for a man to single handedly carry a fully grown girl, gagging her mouth, crossing a number of houses. So the story itse......ment. While her father informant (P.W.1) claimed to have heard the story from P.W. 3. He made no mention as to the story of exchange of garland, vermillion or abduction by force. 12. As has been noted above that the learned tribunal resolved that in brief the guilt of rape upon Malati P.W.2 by ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....represented by its Manager Vs. Rashida Begum reported in 15 BLC (AD) 115 and Md. Aftab All Sheikh Vs. Director of Land Records and Survey and others reported in 58 DLR 397. 9. On the other hand, Mr. Sashanka Shekhar Sarker, learned Deputy Attorney General appearing on behalf of the respon......as has been filed by the respondent No. 5 should not be treated as an application under rule 42A of the Rules, 1955 rather it should be considered as an application under rule 42 thereof. It is to be noted here that misquoting of rule or non-mentioning of a particular section in the concerned applic..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....ective houses after casting votes at the Mirgonj High School Polling Station for the election of No. 8, Vadesshwar Union Parishad within Police Station Golapgonj, while they reached in between Fateh Chand Shop and Faisal Trailers at Mirgonj Bazar then the accused being armed with deadly weapons like......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 ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
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