Search Options
Judgment Advanced Search
Displaying 1-20 of 5586 results.
....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.
......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......s 25.03.1987 and the suit has been filed on 22.08.1990 and in view of Article 86(b) of Limitation Act, the suit is barred by limitation and the trial Court without considering the said article most illegally held that the suit is not barred by limitation and accordingly decreed the suit in part, and..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....nding 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 disposal of the instant Rule, in brief, are that one Md. Youn......n J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others…………………………Respondent......(s) within the period of thirty days of the receipt of the notice served under clause (b). (7) In 49 DLR (AD) 131: Khondaker Mahtabuddin Ahmed Vs. State, the apex court has held that there is no legal impediment to file a criminal case even if a civil suit is pending on the self-same allegation..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 ......esent: Md. Ashfaqul Islam J Zafar Ahmed J A.H. Azam Khan………………………................Appellants Vs. Bangladesh and Ors………………...................Respondent Judgment ......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 issuance of the Rule an ad-interim o..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....re-'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 petitioner, in short, is as follows:
The petitioner is a ......2016) 165
......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 this Court may seem fit and p..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....ted subsequent to the said ad-interim order passed by the High Court Division. The Appellate Division then, by a further order dated 20-8-2015, directed the NBR for submission of further report after proper inquiry. Pursuant to that order of the Appellate Division, a sub-committee was formed by the ......
......ures "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 for the disposal of the Rule, are..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....s 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 issuance of the Rule, in brief, are: The petitioner is...... Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others……………………………&h......two years; (d) That the applicant was convicted or is reasonably suspected of smuggling of currency, drugs, arms trafficking in woman and slaves, foreign currency, Passports or of indulging in illegal dealings involving foreign exchange, trade or commerce; (e) That the applicant is evading..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....udge, 1st Court, Dhaka impleading the respondent No.1 as defendant No.1 and another on the averments that the defendant No.1, Abdur Rahim Miah entered into an agreement with the plaintiff to sell the property of Mouza-Baunia, PS Uttara, District Dhaka at a total consideration of Taka 10, 00,000. In ......; Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Judgment December 15, 201......e date of agreement but the defendant No. 1 did not execute and register the kabala within 6(six) months in spite of tender of the balance consideration money. In this backdrop the plaintiff issued a legal notice on 21-1-2007 to the defendant No.1 asking to execute and register the sale deed on taki..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....partition of the suit land is perverse being contrary to the evidence on record inasmuch as admittedly, Md. Rejan Nobi as plaintiff filed Title Suit No. 174 of 1976 for partition of their ejmali property including the case land and finally the said suit was decreed and, as such, in no way it ca...... This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......justified in holding that the land under pre-emption is not a part of the undivided family's land. 13. Now, coming to consider the question whether the trial Court committed any illegality in holding that: “নথি পর্যালোচন্ত দেখা য..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....at the date of occurrence of the present case was 28-11-2006 while the FIR was lodged by the informant on 18-1-2008. The learned Advocate further submits that the unusual delay of lodging the FIR not properly explained which has cast a reasonable doubt in believing the prosecution case. The brother ...... 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......it's true perspective decided the merit of the case in favour of the prosecution and against the defence and since the condemned-prisoner deserve highest punishment of this offence; there is no illegality or infirmity in passing the impugned judgment and order of conviction of sentence of death ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....ner’s leadership his Badr Bahini committed is a revolt against the humanity. As leader of Badr Bahini the petitioner cannot escape from the liability. It is the duty of the court to impose proper punishment depending upon the criminality and proportionate to the gravity of the offence&hel......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......DLR (AD) 289. Those are: “Further, it has now been settled that an error is necessary to be a ground for review but it must be one which is 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 judgme..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)
....ি ও ম্যানেজিং কমিটি)প্রবিধানমালা, ২০০৯,” and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Fact relevant for the disposal of this Rule, in brief, are that the petitioner appli......ellip;……………………………………………Petitioner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: ...... not take any steps in respect the matter till to date that it is humbly submitted that the inordinate delay of the respondents to dispose of the application filed by the petitioner on 22-3-2015 is illegal, malafide and arbitrarily and, as such the inordinate delay of the respondents to dispose of t..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)
....ni Bank Ltd. Zinda Bazar Branch, Sylhet through their engaged advocate served a legal notice upon the defendants notifying that due to nonpayment of any amount they will have to auction the mortgaged property. It is also stated that without having any response the plaintiff filed the instant suit fo......016) 148 ......ing 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 short is that the respondent No.2..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 ...... Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Respondent Judgment Se...... evidence, nor it is a fact but a certificate of a state of thing. Secondly, such affidavit is to prove, thirdly, concerned notary public is required to be deposed on oath. In absence of these entire legal aspects affidavit sworn before a Notary Public cannot be gone into evidence nor it can be reli..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 ......Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent Judgment August 30, 2015 Result: ......me, deducting the said amounts from the current account register of the petitioner on 30-5-2004 and 7-6-2004, (Annexures-C & D) should not be declared to be without lawful authority and are of no legal effect. In Writ Petition No.3205 of 2004 3. Rule Nisi was issued calling upon the re..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....0(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, and that the name of any person w......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2......ed property, the Bank shall be competent to attach the other properties left by the said deceased on the strength of the 'Undertaking' and 'Promissory Note' and, in that event, as the legal heirs of the deceased, the writ petitioner and respondent No. 8 are duty bound to assist the A..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)
....int, namely the issue of 'signing money'. It has now become prevailing practice in the real estate business in Bangladesh that an owner, while entering into a Joint Venture Agreement with the properly developer for development of his land into an apartment project, receives a certain amount ......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ......r 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 for the disposal of the Rule, are..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)
....ulter, he is surely a person who was proposed as a candidate for election as a member of the Parliament of the constituency in question. But the High Court Division failed to comprehend the proper meaning of "candidate" given in section 2(ii) of the RPO vis-a-vis article 49(......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 ......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 ..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
.... in the print, electronic and social media regarding the power of this Court to punish for contempt of Court any citizen of the country, being the highest Court of the country, this Division feels it proper to give some guidelines which will be reflected in our detailed judgment. It is to be borne i......nder the caption in “সাকার পরিবারের ততপরতা। পালাবার পথ কমে গেছে।” the issue of “The Daily Janakantha” and another………....Contemnors/Respondents Judgment August 10 and 13, 2......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
.... dead body. He denied the defence suggestion that he was deposing falsely at the instance of enemies and that the enemies of Nutan Chandra Singha brought army for killing with a view to grab the property of Kundeshwari. This suggestion also proved that Nutan Chandra Singha was killed by the arm..............................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.
......University and the envelop containing the address of the accused from Lahore proved that the accused was not present in Bangladesh during the relevant time of occurrences.
b) the tribunal illegally considered exhibit-10, the issue of 'Daily Pakistan' dated 29th September, 1971 and ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....ildings (Supplementary Provision) Ordinance (LIV of 1985) Sections 2(b), 5(1) (b), 9 & 10 Abandoned Property The act of abandonment implies two fundamental factors: (i) Desertion of the property; and (ii) Giving up one's right to the property…………&he......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h......rty 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 and enlisted in the "Kha" list of the Abandoned Buildings. It i..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
94999655971897139719971297039603970992239705971197149704969997029566911695689683