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.... of Article 86 of the Limitation Act, it appears that the proof of loss has to be determined first and accordingly on relying on this decision, submits that the trial Court committed no illegality in holding that the suit is not barred by limitation.
11. We have heard the learned Advocates of b......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..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
....rdingly, Ad-hoc Committee was formed with an object mainly to complete the election of the regular Governing Body of the College. After taking the charge the Ad-hoc Committee initiated proceeding for holding election and after completion of the election the newly elected members of the Governing Bod......hy the Order vide Memo No.৩/কল/বগ/৯à§à§¬/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 ..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....e Miscellaneous Case under section 4 of the Partition Act. 2. The appellants' case, in-short, is that the land measuring 0.58 acre in plot No.724 apperaining to CS Khatian No. 509 under holding No. 8 of Kushtia Pourashava originally belonged to Nil Moni Roy Chowdhury and others, who ex...... 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..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....d it transpires that after filing of the UD case No. 33 of 2006 the dead body was sent to doctor for autopsy report and the doctor of the concerned Shahid Ziaur Rahman Medical College Hospital, Bogra holding postmortem of the dead body on 30-11-2006 keeping 11-9-2008 which was read over and explaine......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..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....sub-section 2 it gives a clear picture that the law itself is a flexible one. We simply cannot understand when the law itself is so positive on the issue how the court below passed an ex-parte decree holding that though the defendant was given time to file written statement they did not file the sam......n 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 (Sixty five lac sixteen thousand six hundred eight) against the CC loan of T..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....emedy of filing written objection before the higher VAT officer. According to her, relying on this general order, a Division Bench of this Court in Writ Petition No. 3261 of 2004, discharged the Rule holding that the writ petition was not maintainable. Deliberations of the Court: 9. Since ......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..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....above provision approached the Adalat to strike out her name from the plaint and upon considering the facts and circumstances of the case the Adalat decided to keep the writ petitioner as a defendant holding that she is a necessary party. 25. We need to vet whether the petitioner can at all be ......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,..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)
....nance, 1984 revising the income as shown under Universal Self Assessment and the Order dated 20-8-2014 (Annexure-E) passed by the respondent No. 3 under section 121A of the said Ordinance upholding the said order dated 26-5-2014 passed by the respondent No. 2 (Annexure-C) should not be dec......d order passed by the Inspecting Joint Commissioner of Taxes. During pendency of the said revisional application, it is alleged that, the Commissioner secured issuance of pay orders in favour of the government exchequer for an amount of Taka 1, 20, 59,999 from the concerned bank of the petitioner un..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)
....10. The High Court Division found the election petitions non maintainable on the ground that the reliefs sought in the petitions were barred under articles 14(5) and 51(2) of the RPO; reason for holding so is that the nomination of the election-petitioner was cancelled by the Election Comm......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
....s statement particularly the incriminate part of killing of the said persons at the place and time and also committing suicide of Dr. Niranjan Dutta.
148. The tribunal was perfectly justified in holding that the prosecution has proved beyond reasonable doubt that Salauddin Qader Chowdhury ......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..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
.... HBFC by the petitioner but the Court of Settlement totally failed to consider those documents in its true perspective and upon misconstruction of the said documents most illegally dismissed the case holding that the property has been rightly declared abandoned and included in the "Kha" li......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 &..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....as 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 Sketch Map as prayed for in holding that সাবেক ২৮০ৠও ২৮১০ দাগের হাল ৫৩১à......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
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
.... appointment of President of the Governing Body of the said school and college and further submits that she should be fined, imposing exemplary amount, for abusing her power, so that the persons holding such responsible position should not violate the law in future to the great prejudice o......blic of Bangladesh, a Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision of the respondent No. 2 to approve Mr. Golam Sarwar as the President of the Governing Body of the Uttara High School and College, Dhaka, as contained in Serial No. 1 of the Memo..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
.... in the house of Sanjay, between Sanjay and Malati, should be presumed to have been amicable and both were adults. Hence, in the matter, the argument of the learned Assistant Attorney General is holding no water. 22. Malati in no stage of her statements, given during or before trial, made ...... 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..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....f drug was unconstitutional. The Privy Council was of the view that there was nothing unconstitutional in the provision for a mandatory death penalty for trafficking in significant quantity of heroin holding that the quantity that attracts death penalty is so high as to rule out the notion that it i......wo sections of the Ains of 1995 and 2000 has surfaced which requires to be addressed in the context of our constitutional dispensation.
4. Before we consider the question, it is to be noted that over the violence of women, the first legislation introduced on this soil is Cruelty to Women (Deter..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....f drug was unconstitutional. The Privy Council was of the view that there was nothing unconstitutional in the provision for a mandatory death penalty for trafficking in significant quantity of heroin holding that the quantity that attracts death penalty is so high as to rule out the notion that it i......wo sections of the Ains of 1995 and 2000 has surfaced which requires to be addressed in the context of our constitutional dispensation.
4. Before we consider the question, it is to be noted that over the violence of women, the first legislation introduced on this soil is Cruelty to Women (Deter..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....¾à¦‡ মারে।” Now let us see whether the medical evidence supports prosecution story as stated or not. It appears from post mortem report (Exhibit 4) of Kotai Miah that the Doctor, holding autopsy, found following injuries on the person of victim Kotai: (1) One penetrating wo......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..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....perty. As such the Court committed no illegality in allowing the application inserting plot number in the schedule to the Execution Application. It is also stated that there was no illegality in holding auction sale by the Court below. 8. Respondent No. 3, the auction purchaser contended t...... passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of this Rule, in brief, are that the Respondent No.2 as plaintiff instituted Artha Rin Suit No.188 of 2011 for recovery of loan amounting to Taka 26, 58, 57,855.48 in the Artha Rin Adalat, 2nd Court, Dhaka against ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....Act it was incumbent upon the Company to hold the 7th AGM no later than 28-5-2014 i.e. within a period of fifteen months computed from the date of the 6th AGM. However, citing inadvertence in so duly holding the 7th AGM and attributing the delay to circumstances not amounting to laches or negli...... Company engaged in a lengthy and strenuous IPO exercise under the "Book-Building Method" which, the Petitioner's learned Advocate Mr. Sameer Sattar submits, is an exercise at price discovery that kicked off on 17-4-2013 enabling the Company as the issuer to determine the indicative pr..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....iod has already been expired on 31st July, 2010 and thereafter, the said lease period was not extended further. Since there is no breach of any obligation of contract, I do not find any difficulty in holding that the plaintiffs being a monthly tenant under the defendant-opposite party have no legal ......y;ment executed for a period of 3 (three) years, that is, up to 31 July, 2010. The plaintiffs used to run Thai Chinese Restaurant business in the rented premises on payment of bills and taxes to the Government. The defendant opposite party having entered into the suit premises on 24-8-2010 and threa..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
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