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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......e defendant-insurer. The insurer appellant on 31.03.1987 appointed surveyer who filed a report assessing the loss as Tk. 29, 53,822.25. The plaintiff on different occasion requested the defendant for payment of the amount of loss; but, the defendant
lastly on 07.04.1990, refused to pay the amou......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.
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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......ourt, Chittagong, on 1-2-2011, by a non-speaking order rejected the application filed under section 265C of the Code of Criminal Procedure (Cr.P.C.), without considering the assertion about payment made to the complainant by the accused-petitioner and framed charge against the accused-peti......AD) 162, 49 DLR (AD) 132, a Bench of this Division has held that, "A close reading of sub-section (1) of section 138 of the Act shows that it has nothing to do with the recovery of the loan amount......The Criminal case stands for the offence, while the civil suit is for realization o..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 ...... 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......his office Memo No. Comilla PBS-1/400.13/2012/7927 directing the petitioner to pay a sum of Taka 69, 58,370 only within 15(fifteen) days and asking it to take re-connection of the electric line after payment of the aforementioned amount of money. Anyway, on 28-11-2012, the petitioner made a written ......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 ......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 ...... 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 ......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
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......nal Appeal No.62 of 2013, Md. Kamaruzzaman Vs. Chief Prosecutor International Crime Tribunal, Dhaka which are as follows: “Islam demands “Death for Death” with the provision of payment of “blood money”. Some modern Humanists used to press for “death in no cas......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
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....on, Rajshahi Terms and Conditions of Service Regulations, 1979" the petitioner was suspended by the Managing Committee on 12-10-2014, with a malafide intention. But they have not initiated any departmental proceeding against the petitioner by way of issuing any show cause notice or charge sheet......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 full payment or the balance amount of the full payment of the petitioner's salary, due after expiry o......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 ..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)
....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......d Taka 11,00,000 (eleven lac) to the petitioners and repaid Taka 39,00,000 (thirty nine lac) to the First Security Islami Bank Ltd. as per stipulated terms and conditions of the loan. But owing to nonpayment in part or full amount of the outstanding the respondent No. 2 Agrani Bank Ltd. Zinda Bazar ......iled Artha Rin Case No.3/2013 before the Artha Rin Adalat and Joint District Judge, 2nd Court, Sylhet for recovery of Taka 65,16,608 (Sixty five lac sixteen thousand six hundred eight) against the CC loan of Taka 50,00,000 (fifty lac) earlier granted to the petitioners on 5-7-2010 stating inter alia..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 ...... 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 ....... 9271000384. The finished products of the petitioner's industry is 'Banshpathi', which is a special Type of vegetable oil. In the course of its business, the petitioner, in order to make payment of VAT, submitted value declaration on 17-12-2002 in respect of its product proposing value ......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)
....ure, 1908; Order I, rule 10(2) 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 imp......he mortgaged his personal property on top of the property owned by the Company and he also gave a written Personal Undertaking and issued the Demand Promissory Note in his personal capacity towards repayment of that loan as per the terms of the sanction letter of the Bank. It is contended that late ......er on its own motion or upon application of either party for effective and complete adjudication of all questions involved in the case………….(21 & 22) Adjusting the loan-money from the assets and properties of the principal-debtor (the Company)—The Bank as pe..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)
....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......9;earnest money' or 'advance money', whatever may it be called, when a certain amount is received by the owner of land at the time of signing a development agreement is in fact an advance payment of sale proceeds of those flats which will be sold by the developer, by virtue of a register......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 ......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
......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
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Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....out following a judicial approach in determining the question of facts involved in this case unfortunately passed the Judgment without giving a judicial consideration of the whole dispute between the parties and decided the matter erroneously………………….(......e original documents are lying with them. Thereafter the petitioner after making necessary inquiry came to know that the original loan amount stood at Taka 43,778 as on 7-12-1981. The petitioner made payment of the entire loan amount to the HBFC by a payment receipt dated 7-12-1981 through Sonali Ba......ed of lease being No.8753 dated 5-9-1963 and after getting allotment of the said property the lessee S.G. Mustafa had been possessing the same and constructed a two-storied building thereon obtaining loan from House Building Finance Corporation ("HBFC") by mortgaging the said property as s..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
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 ......hat he was prevented by any sufficient cause from appearing when the suit was called on for hearing the Court shall, make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit. So in such a case the Court shall consider the app......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......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.
......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.
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Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....sh and occupied, managed or supervised the disputed property when President’s Order 16 of 1972 came into operation.
10. Now let us consider the decisions placed before us by the respective parties. The learned advocate for the petitioners relied upon the case of Bangladesh Vs. Amela Khato......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:
......im Personal Law and he also obtained a succession certificate on 14.04.1979 in Succession Certificate Case No. 241 of 1979 from the 3rd Court of Subordinate Judge, Dhaka for the purpose of recovering loan money left by Syed Abdus Sattar from one Md. Nazrul Islam amounting to Tk. 925.00 (Annexure-B1 ..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....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
......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
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