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....87, and as such, the suit as filed on 22.08.1990 is hopeless barred by limitation.
In the instant case the third part of Article 86(b) of the Limitation Act is very clear and there is hardly any scope to interpret the same in any other way……… (15 &18)
Case Referred......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
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....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 ......itioner, however, filed a supplementary affidavit against the affidavit in opposition filed by respondent No. 2. In the supplementary affidavit the petitioner stated that on 7-12-2015, he was granted bail by the High Court Division in Jessore Kotwali Police Station Case No. 15 dated 5-10-2015. In fa..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
.... is no time limit for laying a claim under section 4 of the Partition Act unlike the claim for pre-emption under other law. So, the plaintiff having the benefit provided by the law itself there is no scope for this Court to refuse the claim of the plaintiff on the ground that the claim has been laid......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)
....am Rabbani to his wife the deceased Shirina Khatun or the condemned-prisoner-Rabbani killed his wife by pushing insecticide poison, and as it is not proved by any tangible evidence; there is a little scope to hold such a view that the deceased died by pushing poison or by injecting poison to her bod......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 ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....ach of the points raised by Hossain in the light of the evidence and that there is no error of law apparent on the face of the record in the judgment impugned. Alam while submitting about the limited scope of review relied on two passages of the judgment of Abdul Kader Molla Vs. Chief Prosecutor, In......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)
....iously, defendant took several times for submission of written objection. It is also found that stipulated time for submission of written objection has already been elapsed. At this stage there is no scope to admit written objection. So, the petition of defendant No. 1/2 is rejected." 4. I......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
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....ry adjustment in the current account register, and the person against whom such direction has been given can file written objection against such direction before the higher officer, we do not see any scope, at the relevant time, for the petitioners to prefer any written objection before the higher o......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)
....provisions of the Civil Procedure Code (CPC). To put his above submission in a simpler version, he posits that the provisions of Order I, rules 3 and 10 of the CPC have hardly any scope to be applicable in the petitioner's case in view of the provision of section 6(5)&nb....... 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 ..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
....e benefit of doubt in respect of charge Nos.2, 3,4,5,6,7,8, 17 and 18.
159. As regards police contradiction, this Division held that in view of sub-rule (ii) of rule 53 of the Rules, there is no scope to infer any contradiction between the evidence of the witness and his earlier statement ......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
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....ule 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 of rule 1 of order XVII and the defendants Tigh......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
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....anthem with an almost mystical reverence regardless of what sort of social, political or philosophical beliefs they may have. Commercial use of national anthem amounts to its desecration. There is no scope for commercial use of the national anthem. Such commercial use of national anthem shows utter ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
...... generality of murders. I fully endorse to the above views. Suppose, an offender was sentenced to imprisonment for life for any of the offences mentioned above was released from the custody either on bail or on parole and on reaching home he noticed that his wife was involved with immoral acts with ..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
...... generality of murders. I fully endorse to the above views. Suppose, an offender was sentenced to imprisonment for life for any of the offences mentioned above was released from the custody either on bail or on parole and on reaching home he noticed that his wife was involved with immoral acts with ..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
.... Repeated Denial of Police— In the backdrop of repeated denial of police that Salauddin Ahmed is under their custody, the Court has no scope under section 491 of the Code to direct the police to bring up and produce Salauddin Ahmed bef......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....'s articles and the Companies Act" [see, Court of Appeal (Civil Division) ruling in Union Music Ltd. & Anor Vs. Watson reported in (2003) EWCA Civ. 180 and (2004) BCC 37 dealing with the scope and nature of the court's discretion under section 371 of the UK Companies Act, 1985 conce......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
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Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ing rent regularly by filing House Rent Control Case No. 37 of 2010 and their tenancy is still in force and, as such, as per provision of section 18 of the Premises Rent Control Ordinance there is no scope to evict such tenants forcibly. He further submit, that as per contract the plaintiffs paid ad......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....edules of contracts and there were also certification in all cases that billed amounts were not more than the value of the works actually done. In view of such certifications, there were no scope to deduct the amount withdrawn, so there were no illegality in the initiations of the impugned......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....No. 2, perused the impugned judgment and the materials on record. 13. Having considered a few reported and unreported cases of this Division, the High Court Division found that there was no scope to hold that sanction of the Government was mandatory to make inquiry of the offence of the pr......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
....ed order dated 3-6-2014 by the appropriate customs authority. In paragraph 10 of the writ petitions, the petitioner stated that the buyer finally cancelled the order on 18-5-2012. So, now there is no scope to export the ships to the foreign buyers. The petitioner failed to specify any foreign buyer ......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
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Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....aring for the plaintiff-respondents, on the other hand, has submitted that in the deed itself, there being clear recital to the effect ‘৫ পাঁচ সনা ম্যাদী there is no scope to interpret the same as an out and out sale deed, and as the mortgagee and after her death, h......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
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