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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.
......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)
....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 ......1A of 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..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 ..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 ......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
..
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......issued show cause/demand notice dated 15-11-2015 pursuant to the said final report as well as the order of the Appellate Division, the petitioner replied to the said show cause notice and sought some documents. Even after filing of the writ petition, the petitioner filed letter dated 17-11-2015 befo..
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&......(1) (2) of the Order, 1973 is quoted below which runs as under: Section 6--Subject to the provisions of this Order, the passport authority. (1) may refuse to issue a passport or travel document on any one or more of the following grounds-- (a) That the applicant is not a citizen ..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......6(six) months from the date of agreement. 12. It is found that at the trial the plaintiff side examined in all 3 PWs, the defendant side in all examined 4 DWs and both the parties exhibited some documents to prove their respective cases. PW-1, Md. Mizanur Rahman, stated in his evidence that as ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
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......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)
....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......s Division considered the oral evidence, particularly, the oral testimonies of P.W.1 Shahriar Kabir, P.W.2 Jahiruddin Jalal, P.W.3 Mahbub Kamal, P.W.4 Shahin Reja Nur, P.W.5 Md. Rustom Ali Mollah and documentary evidence Exts.2(1), 2(2), 2(3), 2(4), 2(5), 2(6), 2(7), 2(9), 2(10), 2(11), 2(13), 2(14)..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...... (ii) of the Constitution on the following amongst others. Hence this petition. 3. The learned advocate, appearing for the petitioner, Mr. Humayun Kabir, having placed the petition alongwith the documents annexed therewith, and first up all submits that the petitioner is the Headmaster of Uzan ..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)
....-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 ......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)
....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......perty from her father, she can not be put in her father's position. 9. Mr. Siddique, by referring to the Letter of Undertaking and DP Note, forcefully submits that by signing on those charge documents, the petitioner's father had placed himself as surety or guarantor for the Company'..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 ......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
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: ..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 ......ation against the convict Salauddin Qader Chowdhury. It submitted a preliminary report to the Chief Prosecutor appointed under the Act of 1973. The Chief Prosecutor submitted formal charges with documents before the tribunal for taking cognizance of the offences against Salauddin Qader Cho..
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 ......ur Rob Biswas pressed the said Abid Hossain to execute and register the sale deed upon receipt of the remaining money it was revealed that the property has been mortgaged to the HBFC and the original documents are lying with them. Thereafter the petitioner after making necessary inquiry came to know..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....ontained in the Code, the Court shall not grant any adjournment at the peremptory hearing stage and thereafter in a suit at the instance of either party to the suit: Provided that if for ends of justice any adjournment is granted to a party under this sub-rule, the Court shall direct that party......ack the matter to the trial court to consider the application on merit. 9. I have heard the learned Advocates of both the sides, perused the impugned judgment of the courts below, the papers and documents as available on the records. It appears that the opposite party Nos.1 and 2 as plaintiffs ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....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.
......e discussion of the facts and circumstances of the case of the parties and narrating facts as well as the circumstances of the case of both the sides and then having considered all material facts and documents alongwith the decisions of the higher court and the concerned law, the aforesaid judgment ..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....equitable estoppel. Equity does not prevail over law. Doctrine of promissory Estoppel is applicable against the government also particularly where it is necessary to prevent fraud and manifest injustice. The doctrine, however, cannot be pressed into aid to compel the government or the...... 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)
.... whereas the writ-petition was filed sometime in August, 1995 and as such, the assessment of compensation in accordance with the present value of the property was illegal causing failure of justice. He further submits that the High Court Division did not consider the submission o......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
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