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....traversed, in order to support his right to the judgment of the Court. Negatively put, it would mean that everything which, if not proved, gives the defendant an immediate right to judgment, would be part of cause of action. Its importance is beyond any doubt. For every action, there has to be a cau......f loss the question of assessment and evaluation and verification about the claim ought to have been made as it has been done in the instant case by two surveyors as also by the police officer during investigation including the Fire Service men and upon accumulating all those report the quantum of l..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
.... Judgment Md. Rezaul Hasan J. — In the instant application, filed under section 561A of the Code of Criminal Procedure, a Rule has been issued calling upon the opposite parties to show cause as to why the proceedings of Sessions Case No. 1749 of 2010, arising out of CR......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 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
....he procedure of removal and cancellation of the Governing Body and Managing Committee. His submission is that the impugned order as has been done is absolutely in utter disregard to this provision in particular. 7. On the other hand, Mr. Binod Kumar Agarwal, the learned counsel appearing on beh...... 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
....ed the dispute to the Commission for settlement by way of arbitration as contemplated by section40 of the Bangladesh Energy Regulatory Commission Act, 2003. There was no legal bar to that on the part of the petitioner-company. Be that as it may, instead of invoking the arbitration clause of sec......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
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Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....passport of the petitioner should be withheld by respondent No. 2 for no fault of the petitioner. 6. Mr. Md. Mokleshur Rahman, the learned Deputy Attorney General appearing on behalf of opposite party No. 2, on the other hand, submits that the petitioner is fugitive from justice and that there ......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 ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....y contract, time is intended to be of the essence of the contract, it is not sufficient to find whether there was such intention or not, but it is necessary to find whose unwillingness to perform his part of the obligation under the contract eventually led to the non-performance of the contract. ...... 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 ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
.... 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 further evidence that will not improve the ultimate result of the case…......(......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 ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....ment and order of conviction and sentence passed by the learned Additional Sessions Judge, 3rd Court, Bogra should be upheld. 11. In view of the submissions made from the sides of the respective parties; to arrive at a conclusive decision as to the guilt of the condemned-prisoner Golam Rabbani ...... that his wife Shirina Khatun have been expired due to snake-bite and on his information a UD case No. 33 of 2006 was started in the concerned police station, which was investigated by police. During investigation the investigating authority came to know that the information is false and collusive t..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....nt for life for the crimes as listed in charge No.5. No sentence was awarded for the crimes listed in charge No.1. 3. This Division, by the judgment and order under review, allowed the appeal in part thereby acquitted the petitioner of the charge No.1 and maintained the order of conviction of t......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: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....ip;…………..Respondent Judgment November 5, 2015 Result: The Rule is made absolute. An Ex-Parte Decree— How the Court Passed— The ex-parte decree passed upon the admitted facts has been absolutely vitiated by perversity. In this case......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 ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
....gment September 10, 2015 Result: This Rule is made absolute. Lawyers Involved: Syed Ridwan Hossain, Advocate—For the Petitioner None appears—For the Opposite parties. Civil Revision No.1118 of 2005 Judgment Sharif Uddin Chaklader J.— Thi...... 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 ..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)
....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 ......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
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....mplete and taxes fully paid. Accordingly, a receipt to that effect was given to the petitioner by the Extra Assistant Commissioner (current charge) of the concerned Taxes Circle. In the said return, apart from not showing any income from agriculture unlike previous assessment year, the petitioner, a......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
....ddin Qader Chowdhury shot him again to confirm his death and thereafter, all of them left the place of occurrence. Upon such allegation accused Salauddin Qader Chowdhury has been charged for physical participation and also for substantially contributing to the actual commission of offence of crimes ......r section 3(2)(a) and in respect of charge No. 18 under section 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 force&sh..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
.... Judgment June 29, 2015 Result: Rule is made absolute. Setting aside the Ex-Parte Decree under Sub-Rule 7 of Rule 1 of Order XVII— If any case decreed ex-parte on failure of the parties for non compliance of the procedure of sub-rule 3 or 4 of rule ......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 ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....another tenant died leaving 5 sons, one daughter including the petitioner who inherited 88 decimal out of 118 decimal of land of plot Nos. 2807 and 2810 with Hamidul Huq Chowdhury on the basis of the partition decree in Suit No. 1366 of 1926 and while in possession the BS (DP) khatian No.1124 showin......ttlement Officer empowered with the power of Revenue Officer and Assistant Settlement Officer, Begumganj Thana who disposed 4 appeals by the order dated 13-5-2002 directing the Surveyor to hold local investigation and to submit report to that effect; that on 3-6-2002 the appellate authority took up ..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....o consideration extraneous matter (i.e. letter dated 22-9-2014, Annexure-1) and in clear violation of her authority entrusted under sub-regulation (3) of regulation 5, which was mandatory on her part to follow.
12. As recorded hereinbefore, in making this unlawful/illegal appointment, the ......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
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Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....same. The respondent No. 2 then filed Artha Rin Suit No. 87 of 2011 against the petitioner for recovery of outstanding dues which stood at Taka 4, 60,03,651.38 upto 29-2-2011. The suit was decreed ex-parte on 31-1-2012 engendering execution case No. 36 of 2012 in which pursuant to auction sale of th......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 ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....hallenging the vires of law. 12. It is submitted that the demand by the Durnity Daman Commission on the basis of Audit Report made by the Audit Directorate. The writ petition is hit by defect of parties. Because the petitioner without impleading the National of Board of Revenue/Auditor General,...... 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)
....t Syed Mahmud Hossain J. — This appeal by leave is directed against the order dated 20-7-1999 passed by the High Court Division in Writ Petition No.1774 of 1995 making the Rule absolute in part and directing the appellant to take steps for final assessment of compensation in accordance wi......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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