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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......al.
4. The respondent as plaintiff on 22.08.1990 filed Money Suit No. 55 of 1990 in the Court of Joint District Judge, Arbitration Court Dhaka, for realization of Tk. 42, 99,352.00 against loss covered by the insurance policy dated 24.04.1987.
5. The plaintiff’s case in short is that......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)
....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......ode 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 the date ......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 ..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......hy 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 from the post of Chairman of the Governing Body of Shahid Zia Model College, Gabtoli, Bogra shall not be declared to have been passed ...... 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......heikh Hassan Arif J
Abu Taher Md. Saifur Rahman J
Khulna Printing and Packaging Limited…………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh and Ors……….Respondent
......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)
....-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...... the Rule, in brief, are: The petitioner is a citizen of Bangladesh and he was the Minister and also the member of the parliament. The petitioner was given a passport being No. A-0158834 by the Government and he used that passport and travelled different countries of the world on many occasions......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...... of Kushtia Pourashava paying separate Tax and opposite party No. 1, Rezaun Nobi was also living in divided land under separate holding No. 8/1 of Kushtia Pourashava, paying separate Tax to the Government. The petitioner, Yamin Nobi also sold some land from his share of the disputed plot to oth......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......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 amount with......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
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......e. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD) 239; Zulfiker Mahmud Vs.National University, 60 DLR 40; Md. Jashimuddin Vs. Government of the PRBi, Writ Petition No. 1897 of 2014. Lawyers Involved: Humayun Kabir, Ad......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
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)......aque and Hasan Rajib Prodhan, Advocates—For the Petitioner in both Writ Petitions. Israt Jahan, DAG and Shuchira Hossain, AAG and Nurun Nahar, AAG—For the Government in both Writ Petitions. Writ Petition Nos. 3203 and 3205 of 2004 Judgment S......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......he writ petitioner and respondent No. 8 are duty bound to assist the Adalat by furnishing an inventory of the movable assets and a list of non-mortgaged immovable property before the trial Court. Moreover, when the above mortgaged or non-mortgaged properties and assets would be sold through auction,....... 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
....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......ction 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 preliminary inquiry over incidents of deportation and forceful transfer of Hindu community, persecution against Awa......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
..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
.... parties and decided the matter erroneously………………….(20) Case Referred to- Jebon Nahar Vs. Bangladesh reported in 49 DLR 108, Bangladesh Vs. Chand Sultana reported in 1 MLR 310: 51 DLR (AD) 24; Bangladesh Vs. Md. Jalil, 48 DLR (AD) 10; Secret......ssion 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 legally declared abandoned and enlisted in the &......"abandoned." Before going through the merit of the case the provisions of law in this regard may be looked into. 11. The purpose of PO 16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by certain persons who are not present in Bang..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
.... 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......urisdiction)
Present:
Md. Rezaul Hasan J
Farid Ahmed J
Esrarul Huq Chowdhury……………………….Appellants
Vs.
Government of the People's Republic of Bangladesh and Others………..Respondent
......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
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......ct in dismissing the suit, instead of sending the suit on remand to the trial Court on a point which was never urged by any of the parties in the appeal......(14) The plaintiff cannot get a walk over and he has to prove his own case even if a suit is heard ex parte.................(14) Law......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ..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......l Jurisdiction)
Present:
Zinat Ara J
J.N. Deb Choudhury J
Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Hou......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:
..
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...... 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-Cor...... 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......d in: 67 DLR (AD) (2015) 263 ......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...... convict appellant Sanjay Kumar Biswas used to be a student of a local college as well as a neighbor to Maya Rani Biswas. According to the allegation young Sanjay Kumar Biswas (in short, Sanjay) over the period used to vex Malati Rani Sharma with intent to establish a secret and illicit phys&sh......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ..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...... Shamim Hasnain J Mohammad Ullah J Hossain Ali and Others…………………………..................Appellants Vs. Government of Bangladesh and Others…………….............Respondent ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..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......l, are that there was a long standing internal feud between the accused and P.W.7 Masuk Uddin and to the effect that the accused attempted to murder him (P.W.7) but he (P.W.7) narrowly escaped death, over the self-same occurrence a criminal case bearing GR Case No. Ill of 1991 was pending in the cou......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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