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....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......ellate Jurisdiction)
Present:
Soumendra Sarker J
Quazi Reza-Ul Hoque J
N. Deb Choudhury J
Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another……………………………A......ip;……...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, it would mean that everythi..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....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......n J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others…………………………Respondent...... of 2010, arising out of CR Case No. 1162 of 2009, now pending in the Court of learned Additional Metropolitan Sessions Judge, 5th Court, Chittagong should not be quashed and/or such other or further order or orders passed as to this court may seem fit and proper. 2. The facts relevant for disp..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
....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......esent: Md. Ashfaqul Islam J Zafar Ahmed J A.H. Azam Khan………………………................Appellants Vs. Bangladesh and Ors………………...................Respondent Judgment ......lege, 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 issuance of the Rule an ad-interim order was passed staying the order impugned against. 3. The averments figured in leading to the..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
.... 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......2016) 165
......is 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 this Court may seem fit and proper.
2. The case of the petit..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....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......
...... even though there was no such specific requirement in the said provision…………(12)
Determination of Liability—
Though the Commissioner has power to issue an order for stoppage of export/import of a defaulter under section 202 of the Customs Act, 1..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....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...... Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others……………………………&h......i was issued calling upon the respondents to show cause as to why the respondents shall not be directed to deliver a new Machine Readable Passport (MRP) to the petitioner and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....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 ......; Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Judgment December 15, 201......nclusion abruptly without property shifting the evidence on record and, as such, the impugned judgment and decree are liable to be set aside. 21. In the result, the appeal is allowed without any order as to cost. The impugned judgment and decree dated 3-7-2011 passed by the learned Joint Distri..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....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...... This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......ash;For the Respondents. First Miscellaneous Appeal No. 183 of 1998. Judgment Sheikh Abdul Awal J .— This First Miscellaneous Appeal is directed against the impugned judgment and order dated 17-5-1998 passed by the then Sub-ordinate Judge, 1* Court, Kushtia in Miscellaneous (pre..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....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...... Evidence Act has attribute the liability of proving the facts on the accused when the same is especially within his knowledge. In this case; we have noticed that the condemned-prisoner Golam Rabbani and his wife the deceased Shirina Khatun while living in their residence the wife Shirina Khatun bec...... that Shirina expired due to snake-bite not by pushing injection containing poison/insecticide in the manner as stated from the side of the prosecution and as such Golam Rabbani is entitled to get an order of acquittal from the charge brought against him. 7. After trial of the case the learned ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....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......on 3(2) International Crimes Tribunal-2 (ICT-2) [Tribunal constituted under section 6 (1) of the International Crimes Tribunal Act, 1973(XIX of 1973] [Charges: crimes against Humanity and aiding & complicity to commit such crimes as specified in section 3(2) (a) (g) (h) of the Ac......rafficking, while 33 (thirty three) 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 sh..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)
....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......ellip;……………………………………………Petitioner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: ......ndents No. 3 to 5 shall not be directed to dispose of the application filed by the petitioner on 22-3-2015 before them (Annexure-C to the application), praying for taking necessary action against the order of suspension of the petitioner from his service as the Headmaster. Uzan Teura TUM High School..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)
....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......016) 148 ......e of the petitioners, Abdul Hamid Chowdhury (Iqbal) and another, this Rule was issued in following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the order and ex-parte decree dated 3-3-2014 passed by the Artha Rin Adalat & Joint District Judge, ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
....Ļ¸āĻŋāĻ¨ā§āĻ§āĻžāĻ¨ā§āĻ¤ āĻĻāĻŋā§ā§āĻā§āĻ¨ āĻ¤āĻž āĻ¸āĻ āĻŋāĻ āĻ¨ā§āĨ¤” 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...... Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Respondent Judgment Se......r None appears—For the Opposite parties. Civil Revision No.1118 of 2005 Judgment Sharif Uddin Chaklader J.— This Rule, by the pre-emptee, directed against judgment and order dated 9-11-2004 passed by the learned Additional District Judge, 1st court, Narayangonj allowi..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)
....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 ......Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent Judgment August 30, 2015 Result: ......xercising such power under section 56, the concerned officer must proceed after exhausting the demand procedure as envisaged under section 55 of the VAT Act followed by an adjudication order. he VAT officer admittedly acted under section 9(2) and not under section ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....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......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2......desh, 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 defendant, be struck out..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)
....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......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ......ing 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 declared to be witho..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)
....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......b Miah J Nazmun Ara Sultana J Md. Imman Ali J Hasan Foez Siddique J Major General Abdus Salam (Retd)........Petitioner (In both cases) Vs. Bangladesh Election Commission and another…………...Respondents (In both cases) Judgment August ......te instructed by Md. Habibur Rahman, Advocate-on-Record—For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 1428 & 1429 of 2014. (From the judgment and order dated the 24th day of April, 2014 passed by the High Court Division in Election Petition Nos.8..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....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......nder the caption in “āĻ¸āĻžāĻāĻžāĻ° āĻĒāĻ°āĻŋāĻŦāĻžāĻ°ā§āĻ° āĻ¤āĻ¤āĻĒāĻ°āĻ¤āĻžāĨ¤ āĻĒāĻžāĻ˛āĻžāĻŦāĻžāĻ° āĻĒāĻĨ āĻāĻŽā§ āĻā§āĻā§āĨ¤” the issue of “The Daily Janakantha” and another………....Contemnors/Respondents Judgment August 10 and 13, 2......-Record-For the Contemnors/Respondents Contempt petition No. 19 of 2015. Order Surendra 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 la..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....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..............................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2015.
Result:
The conviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
......DAG, Khondaker Diliruzzaman, DAG. arid Bashir Ahmed, AAG, instructed by Mahmuda Parveen, Advocate-on-Record— For the Respondent.
Criminal Appeal No.122 of 2013.
(From the judgment and order dated 1-10-2013 passed by the International Crimes Tribunal No.1 (ICT-1), Dhaka in ICT-BD Case..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....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 ......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h......, Khalishpur Housing Estate, Khulna from the 'Kha' list of Abandoned Building as published in the Bangladesh Gazette dated 23-9-1986 as detailed hereinbefore and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of thi..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
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