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Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another Vs. Messrs Ahad Jute Mills Ltd. and others, 2016, 45 CLC (HCD)

....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. ......mpugned judgment and decree on allowing the appeal. 10. On the other hand Mr. Hassan Shaheed Quamruzzaman, the learned Advocate appearing for the plaintiff-respondent submits that in view of the decision reported in 66 DLR 224 a Division Bench of this Court held that the law of limitation runs ..

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   ......t 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 on the said cheque. It is the choice and decision of the drawer of a cheque to hand over a dated, post-dated or undated cheque to the payee. ..

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 ......or its approval. 4. Subsequent thereto the Inspector of College, respondent No. 4 by letter dated 19-5-2015 gave approval of the newly elected Governing Body for a period of 2(two) years and the decision of the board was communicated to the petitioner vide letter dated 19-5-2015 (Annexure-B). I..

Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 197   ......n (1) of section 156 of the Customs Act, the Commissioner of Customs acted without jurisdiction in going beyond the said prescribed punishments. In this regard, learned advocate refers to a decision of this Court in Badar Box Industries Vs. Commissioner of Customs, 19 BLC 411, and submits ..

Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....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   ......n opposition, supplementary affidavit filed by the petitioner and other relevant papers. 8. It appears from the record that the petitioner had a passport being No. is A-0158834. According to the decision of the Government, the old passports have been obsolete and all the citizens of the country..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

....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   ......eath he informed the local inhabitants including the local police station that his wife died by snake-bite which is a downright false. The learned DAG. in support of his contention referred series of decisions of our Apex Court and of this Court. In the conclusion of the submissions the learned DAG ..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ...... so obvious that keeping it on the record will be legally wrong. The moot point is, a party to a litigation is not entitled to seek a review of judgment merely for the purpose of rehearing or a fresh decision of the case. The power can be extended in a case where something obvious has been overlooke..

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)

....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     ......chers (Board of Intermediate and Secondary Education, Rajshahi) Terms And Conditions of Service Regulations, 1979" and with a malafide intention, the Managing Committee of the said school took a decision on 12-10-2014 to suspend the petitioner from his service; that the Governing Body of the sa..

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   ......ost. The ex-parte decree dated 3-3-2014 is declared to have been passed without lawful authority and is of no legal effect and set aside. The case is sent back on remand to the Adalat to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once...

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)

....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   ......red to by the learned DAG, can stand the test of law in so far as the same concerns the direct action of adjustment in the current account register. 13. In this regard, we have also examined the decisions of this Court as referred to by the learned DAG, namely the judgments in unreported Writ P..

Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5

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 ......essments done under Universal Self Assessment Scheme for audit, the Inspecting Joint Commissioner of Taxes is immune from invoking the jurisdiction under section 120. Referring to the subsequent decision, namely the unreported case of Nilufar Sattar Vs. the Commissioner of Taxes (IT Reference A..

Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....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     ......aw that for deposing in a case, a sitting Judge of the Supreme Court is required permission from the Chief Justice. If any Judge considers it expedient to depose before a court or tribunal, it is his decision as to whether as a sitting Judge he should depose on oath before a tri­bunal maintainin..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......n this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the decision dated 10-12-2009 passed by Respondent No. 3 in Case No. 221 of 1992 dismissing the case and..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)

....y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ......oneously passed the impugned Judgment considering the procedure of rule 1 of order XVII of the Code of Civil Procedure which they committed serious error in law resulting in an error in the decision occasioning failure of Justice. 15. Considering the aforesaid facts and circumstances ..

Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....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.   ......ules, 1955, were decided against the appellants, vide the judgment and order dated 14.10.2001, which is well reasoned and all the relevant facts have been detailed in the said judgment as well as the decision of the superior court has been referred to by the appellate authority. Besides cases of bot..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....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: ......ew of petitioners’ possession in the disputed property the same cannot be enlisted in “ka” schedule of the abandoned property. The learned advocate for the petitioners by citing two decisions reported in 53 DLR (AD) 55 and 54 DLR (AD) 100 and submits that notice as contemplated und..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......In this petition, filed under Article 102 of the Constitution of the People's Republic 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 ..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ......ving no connection whatsoever with the period prescribed for pub­lishing the auction notice under section 33(1) of the Ain. In support of his contention the learned counsel placed reliance in the decision of Peninsular Shipping Service Ltd Vs. Faruque Paint and Varnish Manufacturing Company Limi..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

.... 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   ......v­ice renderer and service receiver regarding pay­ment of VAT, because VAT is an indirect tax bur­den of which has to be borne by the ultimate con­sumer or service receiver, cited the decision of the Appellate Division in AA Engineering Ltd. Vs. Khulna University reported in 66 DLR (..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....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.   ...... impor­tance, but in the instant case Malati Rani's state­ment was dubious and absolutely unreliable that could not warrant a punishment. In the matter the appellant chiefly relied on the decision reported in the case of Sohel Rana Vs. State reported in DLR 205 page 591 and that of Siraj..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3