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.....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. Negatively put, it would mean that everything which, if not prov...... Ltd. and others………………...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......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.
......d that the plaintiff violated the term Nos. 13 and 19 of the policy and thereby not entitled to get any amount from the defendant insurer and accordingly prayed for dismissal of the suit.
7. The trial Court framed as many as four issues including an issue as to whether the suit as filed is barr..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....as not valid for encashment. He mainly submits that the concerned account on which the cheque was drawn was closed by the accused-petitioner before presentation of the cheque. Hence the Bank has very rightly refused to honour the cheque and the impugned proceedings is nothing but an abuse of the pro......hellip;……Respondent Judgment February 29, 2016 Result: The 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 ......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 ......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 entitled to adduce at the time of trial....Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
....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
......ter bearing No. 05920120, removed the same and set up another meter bearing No. 07922470 without rhyme or reason. On 27-1-2008, the petitioner obtained permission from Comilla Palli Bidyut Samittee-1 for supply of electricity for the operation of the CNG Filling Station and since then it has been ru......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
......eged tampering with the meter by the petitioner-company cannot be decided at all in this summary proceeding under Article 102 of the Constitution. It is essentially a matter of evidence and trial. In that view of the matter, we are of the opinion that the dispute regarding slow running of ..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... 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 ......ere in any 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 cont...... 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 ......uit land? iii) Whether the defendant paid balance consideration money within time as mentioned in the bainapatra? iv) Whether the plaintiff is entitled to get any other reliefs? 5. The trial Court on consideration of the evidence on record found that the plaintiff having failed to per..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....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 ......n and others............Respondents Judgment 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 ......n 4 of the Partition Act was barred by limitation. He, however, sought to argue that perhaps the exact legal position on this point was not brought to the notice of the trial judge. It is by now fairly well settled that the impugned judgment cannot be knocked down on account of a particula...... Moklesur Rahman and others............Respondents Judgment 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 evide..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....wife by injecting her the insecticide poison. The learned Deputy Attorney General hereinafter DAG further submits that it is apparent from the face of the record that the story of snake-bite is a downright-false as after examination of the viscera by Expert it has come to the limelight that for inje...... Judgment Soumendra Sarker J.— This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 3rd Court, Bogra for confirmation of the death sentence awarded against the condemned-prisoner Md. Golam Rabbani Khan......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 ......holding postmortem of the dead body on 30-11-2006 keeping 11-9-2008 which was read over and explained to the condemned-prisoner, at which he pleaded not guilty and claimed to be tried. 4. During trial as many as 10 witnesses were examined from the side of the prosecution and defence examined no..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....Ediga Annamma (AIR 1974 SC 799) while noticing the social and personal circumstances, possessing an extenuating impact, has highlighted that death penalty may not be a time barred punishment in some frightful areas of barbarous murder. Illustratively, the Court has mentioned that the brutal features......against Humanity and aiding & complicity to commit such crimes as specified in section 3(2) (a) (g) (h) of the Act No. XIX of 1973] The Petitioner Ali Ahsan Muhammad Mujahid was found guilty for the “Crimes against Humanity enumerated in Section 3(2) of the ICT Act listed in charge No......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: ......some of them found the dead bodies of victims at Rayer Bazar area. They are entitled to get justice. The State, after about 40 years, had been able to place the organizer and leader of the killers on trial. The children and dear ones of victims sought justice from the Court and the Court, while awar..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)
....ng direction upon the Managing Committee and that the board has power under Regulation No. 38(3) of the aforesaid Regulation of 2009. He further submits that, in the manner aforesaid, the fundamental right to be treated and accordance with law, as guaranteed to the petitioner by Article 31 ......titution, a Rule has been issued calling upon the respondents to show cause as to why respondents No. 3 to 5 shall not be directed to dispose of the application filed by the petitioner on 22-3-2015 before them (Annexure-C to the application), praying for taking necessary action against the order of ......ate order, though this cannot be treated as an efficacious alternative remedy. 12. We are also of the considered view that in order to prevent malafide exercise of power, to ensure equitable and fair treatment to all employees, including the petitioner, this court should declare law, as contemp......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)
....onse the plaintiff filed the instant suit for recovery of Taka 65, 16, 608 including the principal amount as well as the interest till 13-1-2012 (Annexure-"A"). It has been also stated that right after filing of the plaint formalities of serving of summons was heeded to. On 3-3-2014 the su......nd is of no legal effect." 2. The background leading to the Rule, in short is that the respondent No.2-Agrani Bank Limited, Zinda Bazar, Sylhet as plaintiff filed 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......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 ......the same day observing as under: "Heard the learned lawyer appearing on behalf of defendant No.1/2. Perused the petition and record of the case. It is found that today is fixed for ex-parte trial, Previously, defendant took several times for submission of written objection. It is also foun..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 ......ge disclosed by pre-emptor in his deposition is not correct as he could not know the date of knowledge in the first part of January, 1993. 4. Mr. Syed Ridwan Hossain, learned Advocate, appearing for the pre-emptee petitioner, submits that, the depositions of the witnesses and also statement in ...... 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
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
.... civil imprisonment. Thus, keeping the petitioner on record as a principal defendant in her personal capacity, Mr Siddique submits, exposes her to a great risk of depriving her from most of the civil rights and practically depriving her from earning a living by lawful occupation, trade or business w......of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought 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 u...... daughters of the mortgagor who died in the year 2006 and, all of them being Muslim, with the death of their father the provisions of Mahomedan Law comes in operation to regulate all the post-death affairs of the deceased, including preparing an assessment of the wealth left by the deceased, distrib......f the deceased, the writ petitioner and respondent No. 8 are duty bound to assist the Adalat by furnishing an inventory of the movable assets and a list of non-mortgaged immovable property before the trial Court. Moreover, when the above mortgaged or non-mortgaged properties and assets would be sold..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
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 ...... August 13, 2015. Result: The petitions are disposed of. 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......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 ......de has not contemplated rejection of plaint for addition of a prayer than the law requires. Points, can very well be decided along with the other issues involved in the election petitions at the trial of the election petitions....... (11) Lawyers Involved: Mahbubur Rahman, Senior Advo..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....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: ......rder. Since various questions arise in the mind of the people of the country, the litigants, the lawyers, persons 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 Divis......apacity, which contain improper imputation, amounts to contempt. If the Chief Justice is criticized for acts done in his administrative capacity this also amounts to contempt. The criticism should be fair and not made with oblique motive or with the object of maligning the justice delivery system an......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
....fted his family members to his uncle Khetra Mohan Biswas's house. On reaching home, he noticed that Salauddin Qader Chowdhury along with Pakistani army was approaching towards their house. Being frightened, he went on hiding in a nearby bush and noticed Salauddin Qader Chowdhury was standing on ......r section 3(2)(a)(h); in respect of charge No. 17 under 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 prelimin......an Chandra Singha. He stated that as Hindu joint family they were living at village Gohira 'Kundeshwari'. He was closely attached to Nutan Chandra Singha and looked after the household affairs. His uncle Nutan Chandra Singha established Kundeshwari Owshadalaya and its factory, a primary......l Baran Dhar was with him
in April 1971 in Ramgarh, the tribunal erred in believing P.W. 22.
c) exhibit-32/4, copy of G.R. Case No. 5 dated 5.4.1972 proved that the accused was not sent for trial which negated his complicity in the said incident.
d) Sanatan Biswas, a listed witne..
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)
....at the petitioners as defendants though appeared but without filing written statement trying to delay to proceed the suit even did not take any step for adjournment of the matter thus the trial court rightly took up the case for ex-parte hearing and decreed the suit ex- parte in such a case the newl......5 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 1 of order XVII only then t......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 ......question of setting aside the ex-parte decree under sub-rule 7 of rule 1 of order XVII is applicable. In the instant case it appears that without prevailing the aforesaid procedure the trial court decreed the suit ex-parte. In such a case no scope to file application under sub-rule 7 ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
.... supported the impugned judgment and decree. He submits that as summons of the suit was not served upon defendant No.3, the hearing of the suit should not have commenced, the High Court Division rightly remanded the suit to the trial Court and no interference is called for with the impugned jud......a, Advocate-on-Record— For Respondent Nos. 1-4. Md Firoz Shah, Advocate-on-Record—For Respondent No. 5. None Rrepresented—For Respondent Nos. 6-8. Civil Petition for Leave to Appeal No.1536 of 2010. (From the judgment and order dated the 4th day of June, 20......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. ......ed in a suit.......(10 & 11) Code of Civil Procedure (V of 1908) Order XLI, rule 23 read with Order XLI, rule 31 As the last Court of fact, the High Court Division shall see whether the trial Court was rrect in dismissing the suit, instead of sending the suit on remand to the tria..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
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. ......sentence dated 19-4-2012 passed in Nari-o-Shishu Case No. 3 of 2003 arising out of Khoksa Police Station Case No. 3 dated 13-9-2002 by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, (for short, the tribunal) convicting the appellant under section 9(1) of Nari-o-Shishu Nirjatan Daman......as a hostile witness by the prosecution as well as by the defence. He denied to have suppressed the truth for some oblique purpose. P.W.5 Most Jobaida Khatun used to be the Upazilla Woman Affairs officer, Khoksa. She stated that upon Malati Rani's complain a salish took place pres......shy;cable and both were adults. Hence, in the matter, the argument of the learned Assistant Attorney General is holding no water. 22. Malati in no stage of her statements, given during or before trial, made it clear that Sanjay ever promised to marry her at a particular point of time. Malati be..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....ranted a certificate under Article 103(2) (a) of the Constitution without, however, formulating any point observing that “in the light of the decision of this court and since the constitutional right of the convict petitioner is still in question”. It was further observed that ‘the......Jail Petitions)
Civil Appeal No.116 of 2010
(From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.)
With
Criminal Petition for Leave to Appeal No.374 of 2011
(From the judgment and order dated 25.5.2011 passed by the H......r (In Jail P. No.7 of 2012)
Shahjahan @ Haider @ Kutti ………Petitioner In Jail Petition No.8 of 2012
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs,
Dhaka and others……… Respondents (In Civil Appeal No.116 of 2010)
......f offences has been expanded and alternative sentences in respect of almost all offences except one has been provided. However, in section 34, it was provided that the cases instituted or pending for trial under the repealed Ain including the appeals pending against any order, judgment or sentence s..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ranted a certificate under Article 103(2) (a) of the Constitution without, however, formulating any point observing that “in the light of the decision of this Court and since the constitutional right of the convict petitioner is still in question”. It was further observed that ‘the......of 2010)
Mr. Mahbubey Alam, Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Respondent ((In Criminal Petition No.374 of 2011)
Mahbubey Alam, Attorney General for the Respondent (In all the Jail Petitions)
Civil appeal no.116 of 2010.
(From the judg......2)
Shahjahan @ Haider @ Kutti……………….Petitioner (In Jail Petition No.8 of 2012)
Vs.
Bangladesh, represented by the Secretary Ministry of Home Affairs,
Dhaka and Others………………………......f offences has been expanded and alternative sentences in respect of almost all offences except one has been provided. However, in section 34, it was provided that the cases instituted or pending for trial under the repealed Ain including the appeals pending against any order, judgment or sentence s..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....appertaining to CS Khatian No. 107 of Mouza Keraniganj at present Tejgaon Industrial Area originally belonged to the respondent No. 5, Bhawal Raj Court of Wards Estate in 16 annas permanent Zamindary rights and accordingly CS Khatian was prepared in the name of Bhawal Raj Court of Wards Estate. The ......upon the respondents to show cause as to why the notices dated 10-4-2003 issued under the signature of the respondent No. 4, Charge Officer and Assistant Settlement Officer (Appeal Officer-in-Charge) for re-hearing of Appeal Case Nos. 62948 to 62951 all of 2002 (as contained in Annexure-I, I-1, I-2,......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......en disposed of in the meantime. 3. It is stated in the writ petition that 84.09 acres of land under CS Plot No. 565 appertaining to CS Khatian No. 107 of Mouza Keraniganj at present Tejgaon Industrial Area originally belonged to the respondent No. 5, Bhawal Raj Court of Wards Estate in 16 annas..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
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