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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.
......thers………………...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. Negativel...... not barred by limitation.
11. We have heard the learned Advocates of both the sides, perused the plaint, written statement, depositions, exhibits and the memorandum of appeal.
12. The only question as raised in the instant first appeal is, as to whether, the suit as filed, is barred by li..
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 ......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 ...... This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......he Rule is discharged Questions of Facts to be decided by the Trial Court— Questions raised before this court by way of filing this application under section 561A are mainly questions of facts to be decided by the trial court upon taking evidence, which the complainant is e..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 ......Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ......y Education, Rajshahi issued a letter dated 1-1-2015 under section 39 of the Intermediate & Secondary Education Ordinance, 1961 giving approval of the Ad-hoc Committee of the College in question for a period of 6 (six) months till 30-6-2015 (Annexure-A). Accordingly, Ad-hoc Committee w..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....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
......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
......ompany and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......on Act, 2003 read with Regulation 4 of the Bangladesh Energy Regulatory Commission Dispute Settlement Regulations, 2014. Moreover, the tampering with the meter of the petitioner-company is a disputed question of fact and the same cannot be gone into in this summary proceeding under Article 102&..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....ale deed on taking the balance consideration money but the defendant No.1 demanded additional amount of Taka 5,00,000 to the plaintiff. This witness also stated that after execution of bainapatra the possession of the property was handed over to the plaintiff. This witness in his evidence also state......mination: i) Whether the suit is maintainable in its present form and manner? ii) Whether there was any bainapatra executed between the plaintiff and defendant No. 1 with regard to the suit land? iii) Whether the defendant paid balance consideration money within time as mentioned in t......ction) Present: Sheikh Abdul Awal J Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defend......tion money within the stipulated period of time, there being no controversy regarding the failure of the defendant-respondent No.1 to perform his part within the period of the contract (bainapatra in question), the suit for specific performance of the contract cannot fail….........…. (..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....ঠিক এ কথা সত্য নয়। "This witness was also examined as DW-1 in Title Suit No. 17 4 of 1976, who in his deposition stated that the plaintiff and myself are in possession over the suit land by specific boundary. I have got separate holding No. 8 for my po......Court, Kushtia in Miscellaneous (pre-emption) Case No. 43 of 1989 disallowing the Miscellaneous Case under section 4 of the Partition Act. 2. The appellants' case, in-short, is that the land measuring 0.58 acre in plot No.724 apperaining to CS Khatian No. 509 under holding No. 8 of Kus......ce. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......eds as well submits that admittedly the pre-emptor himself transferred a portion of land from his share and, as such, it does not lie in the mouth of the pre-emptor that he needs more land or land in question belonged to "joint or undivided family. Mr. Mohiuddin further submits that in spite of..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
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 ......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 ......s. Md. Golam Rabbani………………Respondent Judgment December 6, 2016 Result: The Death Reference No.48 of 2010 is accepted. The Criminal Appeal is dismissed. Evidence Act (1 of 1872); Section 106 Section 106 of t...... he knew that, hearing the hue and cry of mother; the son Abu Bakkar Siddique went before her mother in their dwelling hut. The investigating officer at a stage of his cross-examination in reply to a question from the side of defence testifies that he inquired into the matter and examined the neighb..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: ...... to the law as I find it to be and not as I fervently wish it to be”. (The Yale Law Journal No.6 page 1138). 17. Lord Justice Denning, Master of the Rolls of the Court of Appeal in England, appearing before the British Royal Commission on Capital Punishment, stated his views on this ......Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......quo;------- Judges must enforce the laws, whatever they be, and decide according to the best of their lights”. In Rajendra Prasad (AIR 1979 (SC) 916) Krishna Iyer observed, “The searching question the judge must put to himself is: What then is an extra-ordinarily reasonable as to validat..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)
....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 ......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 ......dance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ......e defendant entered appearance by filing a new Vokalatnama which is also a palpable wrong for the same reason since only on 3-3-2014 the defendant for the first time filed written statement. How come question of new Vokalatnama arises then? Section 10 of the Ain enjoins:-- &ldquo..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... 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 ......enancy Act on reversing those dated 31-5-2002 passed by the learned Senior Assistant Judge, 2nd Court, Narayangonj in Miscellaneous Case No. 33 of 1994. It is the case of the pre-emptor that the case land was transferred to the pre-emptee-petitioner on 20-4-1992 of which pre-emptor came to know on t......s 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 ......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 ......; Vat and Others………..Respondent Judgment August 30, 2015 Result: The Rules are made absolute. Whether the concerned officer can issue direction on the delinquent person for adjustment of current account register or whether the officer can himself do such......uchira Hossain, 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 b..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ......and properties of the principal-debtor (the Company). If the Company's assets and property are sufficient to pay off the Bank's loan, there is no point of selling the deceased-mortgagor's landed property. If the loan-money is not adjusted through selling the mortgaged property, the ......o Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ...... to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely adjudicate upon and settle all the questions involved in the suit, be added. The Court is empowered to add the name of anyone in t..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 ......gst other, had shown Taka 8 crore as liability having been received as an advance from a developer company pursuant to a joint venture development agreement for construction of apartment flats on his land. Subsequently, the Inspecting Joint Commissioner of Taxes, Range-4 of Taxes Zone-4, Dhaka (resp...... Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 Result: The Rule is made absolute Income Tax Ordinance (XXXVI of 1984) Section 120 and 121A Whether Tax Authorities have e...... in view of the provisions under section 82BB of the said Ordinance and, accordingly, he was given a receipt thereto making it a deemed assessment for the concerned assessment year. Now the question is whether the Inspecting Joint Commissioner of Taxes (IJCT) can revise such an assessment ..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)
....ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......d another…………...Respondents (In both cases) Judgment August 13, 2015. Result: The petitions are disposed of. Whether the Election Petitions were Maintainable in Law— The petitioner being a proposed "candidate" for electio...... Whether the Election Petitions were Maintainable in Law— The petitioner being a proposed "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 la..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
....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
......fairs. His uncle Nutan Chandra Singha established Kundeshwari Owshadalaya and its factory, a primary school, girls' school, women's college, dormitory and acquired large chunk of agricultural land. He was also a social worker. In 1971 during the liberation struggle on 30th Chatra, he, Hemang......, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......ficer prepared a sketch map and noted down the topography. He stated that his father used to live in the ground floor and other members in the first floor of the complex. He was asked irrelevant questions for days together and denied the defence suggestion that Salauddin Qader Chowdhury was not..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....o it. Such absolute desertion must be concomitant with the positive intention to give up the right vested in the property. It follows, therefore, that mere temporary or occasional absence of physical possession shall not of itself suffice to treat the property as abandoned…….. (15) ......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 ...... this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......he instant case, there was nothing on record that could have reasonably led the Court of Settlement to find otherwise. The Court of Settlement without following a judicial approach in determining the question of facts involved in this case unfortunately passed the Judgment without giving a judicial ..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 ......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 ........Appellants Vs. Madris Ali Saha and Others…………….............Respondent 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 ......ule 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 1 of order XVII only then the question of setting aside the ex-parte decree under sub-rule 7 of rule 1 of order XVII is ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....ssed by the respondent No. 5 and the Memo No.5/94/3102/1 dated 18-12-2002 of the respondent No. 3 and the Secret-Enquiry dated 16-7-2002 held at the instance of respondent Nos. 4-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) shoul......biding citizen of Bangladesh; that CS khatian No. 611 of Ramnagar mouza under Daganbhuiyan PS was prepared in the name of Badsha Mia, Lal Mia and Ershadulla alias Esadulla in respect of 53 decimal of land in plot No. 2807 and 65 decimal of land in plot No.2810 in total 118 decimal of land; that Amir......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.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......parties. He submits that the heirs of the original owners, as well as defendant No.3, were parties in the suit, and there being no case that any other person has had got any interest in the suit land, there is no defect of parties in the suit. He submits that the defendant No.3, was served with....... This Case is also Reported in: 67 DLR (AD) (2015) 266. ......ammad Ali, learned Counsel, for the petitioners submits that the plaintiffs having felt aggrieved by the judgment and decree of the trial Court dismissing the suit, preferred the first appeal in question, so the High Court Division as the last Court of fact was obliged to see whether the trial ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....as allotted a house at the Mirpur Coloney, popularly known as Mirpur 1st Coloney vide agreement dated 24.07.1953 (Annexure-A to the writ petition). Thereafter, Syed Abdus Sattar while was in peaceful possession of the said property died on 25.03.1971 leaving behind his only nephew Md. Ehsanul Hoque ......hase the petitioners are paying all rent, taxes, bill etc. to the Revenue Office, WASA, DESA and City Corporation and their names were duly recorded in the Government Revenue Office and in the recent land survey conducted by the Government and thereby possessing the said property peacefully; but, th......lement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......peaceful possession of the said property died on 25.03.1971 leaving behind his only nephew Md. Ehsanul Hoque as his heir and since then Md. Ehsanul Hoque was in peaceful possession of the property in question without any hindrance from any quarter. Thereafter, the petitioner’s vendor Md. Ehsan..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
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