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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.
...... run is- “The date of the occurrence causing the loss”.
“Time from which period begins to run” provides that it shall run from the date of the occurrence causing the loss accordingly there is no doubt that the suit have to filed within three years from the date of occurr......ellip;……………...Respondents
Judgment
March 29, 2016.
Result:
The Petition is dismissed.
Every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. Negatively put, ......earned Advocate for the respondent No. 1 submitted by referring to the observations made in Shadharan Bima Corporation and others Vs. Golden Twisting Factory & others, 66 DLR 224, “that the law of limitation runs from the cause of action of a suit and that should be in all cases for 3(thre..
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 ......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 ...... Others…………………………Respondent Judgment February 29, 2016 Result: The Rule is discharged Questions of Facts to be decided by the Trial Court— Questions raised before this court by way of filing thi......ing an endorsement "Account Closed". When the complainant informed the matter to the accused, he denied the total transaction. The complainant, on 9-9-2009, sent a demand notice through his lawyer to the accused to pay Taka 3,00,000 within next 30 days, which was received by the accused on..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
.... 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 ...... 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 ......15 Judgment Md. Ashfaqul Islam J. — This Rule under adjudication was issued on 27-5-2015 in the following terms. "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Order vide Memo No.৩/কল/বগ/৯৭৬/৮৫ dated 20-5-20......o.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 without lawful authority and is of no legal effect." 2. Be it mentioned that at the time of issuan..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....lectric line of the petitioner and withdraw the demand notice, but in vain. The action of the respondents in disconnecting the electric line of the petitioner is violative of the principle of natural justice. So the impugned order dated 26-11-2012 is clearly without lawful authority and of no legal ......naging Director of the petitioner-company. During examination by the inspection team, it was detected that the metering system, that is, CT/PT connection was accurate; but the demand was showing less according to the CNG Station load. When a tested meter from the respondent's office was installe......ury J.— On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show cause as to why the disconnection of the electric line of the petitioner bearing meter No. 0...... demand notice dated 26-11-2012 issued by the respondent No. 2 vide his office Memo No. Comilla PBS-1/400.13/2012/7927 (Annexure-'C' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....:
The Rule is made absolute.
Principle of Natural Justice—
Since no punishment could be imposed without adhering to the principle of audi alteram partem, the principle of natural justice requiring the concerned authority to issue show cause notice and to accord hearing should be......oms Act, 1969, the concerned Commissioner of Customs went beyond his jurisdiction by suspending the bonded warehouse silence of the petitioner without any show cause notice or hearing. Not only that, according to him, by the impugned memo, the concerned Commissioner locked the Business Identificatio......hellip;.Respondent
Judgment
January 27, 2016
Result:
The Rule is made absolute.
Principle of Natural Justice—
Since no punishment could be imposed without adhering to the principle of audi alteram partem, the principle of natural justice requiring the concerned au......materials under the L/Cs (Annexures "N to N-17") within the HS Code permitted 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 fo..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....tizens of the country. The report of the Special Branch of Police dated 25-10-2015, reveals that there are as many as 14 criminal cases pending against the petitioner. The petitioner is fugitive from justice in Jessore Kotwali Police Station Case No. 15 dated 5-10-2015 under sections 15(3)/25D&......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 ......;……………………………Respondent Judgment January 14, 2016 Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Banglades, 44 DLR, 39AIR 1967 (SC) 1836; Schmidt Vs. Secretary of S......ity or security of Bangladesh; (b) that the applicant, in the opinion of the Government, is reasonable suspected of evading or attempting to evade the duty to render any service which, under any law, he is required to render in the public interest; (c) that the issue of a passport or trave..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....ed in law in dismissing the suit without properly considering the facts and circumstances of the case and the case made out by the plaintiff-appellant and, as such, the same has occasioned failure of justice. The learned Advocate further submits that it is on record that there was no mutation in the...... 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 ......hellip;………..Defendant-Respondent Judgment December 15, 2015 Result: The appeal is allowed It is well settled that where in any contract, time is intended to be of the essence of the contract, it is not sufficient to find whether there was such intention ......31-7-2011 the present plaintiff-appellant preferred this appeal. 7. Mr. AJ Mohammad Ali, the learned Advocate appearing on behalf of the plaintiff-appellant submits that the trial Judge erred in law in dismissing the suit without properly considering the facts and circumstances of the case and ..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 ......ion was divided land and the petitioner did not mention the schedule of the land under pre-emption in the original preemption petition and the pre-emption case was barred by limitation according to the provision under Article 180 of Limitation Act as the case was filed after long laps...... Vs. Moklesur Rahman and others............Respondents Judgment December 11, 2015. 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 furthe......the appellant in the course of his argument has taken me through the impugned judgment, deposition of PWs and OPWs and other materials on record and then submits that the learned trial judge erred in law in disallowing the pre-emption case on the main ground that the case was hopelessly barred by li..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....to be noticed here that we find nothing in the circumstances of the case in the context of the condemned-prisoner to take lenient view in the matter of the sentence despite our best concern to temper justice with mercy inasmuch as the condemned-prisoner deserve highest degree of penalty. 41. Co......ion, which was investigated by police. During investigation the investigating authority came to know that the information is false and collusive to conceal and misdirect the actual cause of death and accordingly they submitted final report under section 174 of the Code of Criminal Procedur......ally within the knowledge of the husband Golam Rabbani. Section 106 of the Evidence Act is very much clear in the said nature of fact………….(37) Case Referred to- Habibur Rahman @ Habu Vs. State, 1 BCL (AD) 1; Abdur Razzaque Vs. State, 28 DLR (AD) ......e control and custody of her husband the condemned-prisoner Golam Rabbani in his dwelling hut and the occurrence was held in dark night within their residence. Therefore, the established principle of law with regard to this; as to the responsibility or onus of proof is entirely lies upon the husband..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....re. In awarding the sentence, the Court took into consideration the unbearable pains, tears rolling down the cheeks and sufferings of the widows and children of the victims who cried for getting justice for about 43 years. The barbaric gruesome and heinous crimes which under the petitioner&rsqu......ation of the community.” 19. Krishna Iyer, J in Shive Mohan Singh (AIR 1977 SC 949) quoted following passage: “------- Judges must enforce the laws, whatever they be, and decide according to the best of their lights”. In Rajendra Prasad (AIR 1979 (SC) 916) Krishna Iyer ob......e J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh……………&hellip......hree) countries have death as an alternative sentence for the said offence. Punishment is the way in which society expresses its denunciation of wrong-doing; and in order to maintain respect for law; it is essential that the punishment inflicted for grave crimes should adequately reflect the re..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)
....learned Registrar of the High Court Division. 17. Since the petitioner or any other person cannot be kept suspended for indefinite period, therefore, as consequential order and to secure ends of justice the respondent No. 7 and the respondents No. 1, 2 and 6 are hereby directed to ensure the fu......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 ......oner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: The Rule is made absolute. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD)......lafide and arbitrarily and, as such the inordinate delay of the respondents to dispose of the application filed by the petitioner on 22-3-2015 is required to be declared to have been done without any lawful authority and is of no legal effect; that it is the statutory duty of the respondents to disp..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)
....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 ......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 ......passed upon the admitted facts has been absolutely vitiated by perversity. In this case the Adalat exceeded it's jurisdiction and acted in such a manner in deciding the issue that certainly added to have been passed without jurisdiction leading to perversity. It is a case of a kind where the rig......a Rin Suit No. 3 of2013 rejecting the application of the petitioners to allow them contest in the suit by accepting the written statement (Annexure-C) should not be declared to have been done without lawful authority and is of no legal effect." 2. The background leading to the Rule, in sho..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 ...... 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 ...... Acquisition and Tenancy Act on reversing those dated 31-5-2002 passed by the learned Senior Assistant Judge, 2nd Court, Narayangonj in Miscellaneous Case No. 33 of 1994. It is the case of the pre-emptor that the case land was transferred to the pre-emptee-petitioner on 20-4-1992 of which pre-emptor......িন্ধান্ত দিয়েছেন তা সঠিক নয়।” 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 b..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)
....-6-2003. The above actions direct adjustments were also authenticated by the Superintendent of Customs concerned. Being aggrieved by such demands and actions, the petitioner served a notice demanding justice dated 12-6-2004, whereupon the respondent No. 2 informed the petitioner that the petitioner ...... the petitioner that the inquiry team had detected that the petitioner took excess rebate of Taka 35, 41,498.66 in respect of a period from July, 2002 to August, 2003 on account of raw materials and, accordingly, directed the petitioner to adjust the said amount in the current account registrar. The...... J City Vegetable Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent Judgment August 30, ......n, AAG and Nurun Nahar, AAG—For the Government in both Writ Petitions. Writ Petition Nos. 3203 and 3205 of 2004 Judgment Sheikh Hassan Arif J. — Since the questions of law and facts involved in the aforesaid two writ petitions are almost same, they have been taken up ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....ase leads us to read through the entire Ain, 2003 and, upon going through the same, it appears to us that while section 57 of the Ain, 2003 authorises the Adalat to do the needful for doing justice to the parties of the Artha Rin Suit, section 6(1) of the Ain, 2003 enables the Ba......ervice & other rituals, payments towards offsetting the service charges/remuneration/promise made by the deceased for his house-help during three months prior to his death, dower money etc. Thus, according to Mr. Siddique, since the petitioner till now has not received any property from her fath...... Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or......provision of section 3 of the Ain, 2003 and submits that the Ain, 2003 being a special legislation, its provision regarding the parties to an Artharin suit shall override all other existing laws of the land, including the provisions of the Civil Procedure Code (CPC). To put his above submi..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)
....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 ......are nothing but the part of sale proceeds to be received by the said developers on behalf of the owners of land after sale of the developers' portion of flats to the prospective purchasers. Thus, according to him, since at the time of sale of those flats by the developers through registration, t...... 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 money' or 'earnest money' is concerned, e......ed 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 declared to be without lawful authority and are of no legal effect. Background facts: 2. Short facts, relevant fo..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 ......; means a candidate who has been validly nominated for election as a member and whose candidature has not been either withdrawn under clause (1) or ceased under clause (2) of Article 16 and according to clause (XX) "returned candidate" means a candidate who has been declared...... Maintainable in Law— The petitioner being a proposed "candidate" for election as a Member of the Parliament for the Constituency in question, he had every locus standi to file the election petitions and those were maintainable in law......(9) Rejection of th......ed "candidate" for election as a Member of the Parliament for the Constituency in question, he had every locus standi to file the election petitions and those were maintainable in law......(9) Rejection of the Election Petition— Representation of People Orde..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....of Contempt Court – If any person undermines the authority or lowers the dignity of the Court, or if any person scandalizes the Court or any Judge or interferes with the administration of justice, or if any person makes comments calculated to undermine public confidence in the Judges and......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......ines the authority or lowers the dignity of the Court, or if any person scandalizes the Court or any Judge or interferes with the administration of justice, or if any person makes comments calculated to undermine public confidence in the Judges and the justice delivery system, the Court has power to......ndra Kumar Sinha CJ. - For the reasons to be expressed later on, this petition is disposed of by this order. Since various questions arise in the mind of the people of the country, the litigants, the lawyers, persons in the print, electronic and social media regarding the power of this Court to puni..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
.... year in political science at Panjab University in 1971 at a seminar in the political science department the chief guest was Justice Sir Zafarullah Khan who was a Judge of international Court of justice". He cLalmed that he left Dhaka on 29th March, 1971 and then he went to London on 16th ......use of Sotish Chandra Palit who came out of the house at that time. While he was talking to the Pakistani army accused identified him as a dangerous man asking the Pakistani Army to kill him and accordingly the Pakistani Army shot him down and burnt the dead body along with his house. Thereafte......
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Salauddin Qader Chowdhury.........................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, ......motion, he assured him that he would not leave. Sometimes thereafter, he saw Gouranga who was staying there for cooking and on the following day, at noon he went to Jogotmollopara where his sister-in-law was staying. After taking lunch there, he returned to Kundeshwari complex and on seeing him Nuta..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....oted that there is nothing on record to show that the Petitioner was ever asked to show cause about inclusion of the property or to surrender the same which has definitely denied the right of natural justice to the Petitioner….. (17) In the instant case, there was nothing on record that ......in Khalishpur grave-yard, Khulna. The said SG Mustafa died leaving son Abid Hossain, who was in possession of the disputed property. Subsequently he decided to dispose of the property in question and accordingly he executed a registered deed of agreement for sale being No. 22877 dated 12-12-1980 in ......2 & 7 Abandoned Buildings (Supplementary Provision) Ordinance (LIV of 1985) Sections 2(b), 5(1) (b), 9 & 10 Abandoned Property The act of abandonment implies two fundamental factors: (i) Desertion of the property; and (ii) Giving up one's right to the property…......nce of physical possession 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 ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
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