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....limitation is 3(three) years” and time from which periods bearings to run is- “The date of the occurrence causing the loss”, which to us seems to contradicts the aforesaid judgment, so for adjudication of this present dispute the Honorable Chief Justice may kindly be request to per......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.
......ere has to be a cause of action, if not, the plaint, shall be rejected summarily.
Limitation Act, Article 86(b)— On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers”- “the period of limitation is 3(thre..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....e 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. Younus, son of Late Abdus Salam, village-Jafrabad (Debar Par, Karam Ali Majheer Bari), Post Office-Boiltali,......post-dated or undated cheque to the payee. He (drawer) cannot subsequently come with the plea that an undated or post-dated cheque handed over to the payee. In such case he is stopped by his conduct, called estoppels by conduct, and cannot be allowed to deny his obligation only on the excuse that an......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 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....hers after getting the disputed land under exchange deed in equal share started living thereon and later on conflict arose which resulted in various civil and criminal cases amongst them. The predecessor of the respondents, Md Rejan Nabi as plaintiff filed Title Suit No. 174 of 1976 in the Cour......ained undisturbed when the suit was filed in 1962. There is no time limit for filing an application under section 4 of the Partition Act. In the instant case, the plaintiff's claim cannot be called stale." 19. In the case of Azizur Rahman Vs. Jugal Kishori Sarkar reported in 36 DL......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)
....nbsp;106 of the 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 wif......fe and disclosed before all that his wife Shirina has received snake-bite and for that reason, Shirana is very much sick. At the hue and cry of Shirina Khatun the elder son of her Abu Bakkar Siddique called the witness Momena Bibi (Dolly) and thereafter Shirina Khatun was sent before a village "......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
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
.......Appellants Vs. 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 Whet...... (Underlines supplied) 8. In deciding the above case, their Lordships basically held that the 'signing money', '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 ......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
Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)
....petitions were very much maintainable in law. The applications for rejection of the election petitions were filed under misconception of law. There was cause of action to file the election petitions, so the applications for rejection of the election petitions were liable to be rejected. 4.......s see whether the High Court Division was correct in taking the above view in rejecting the election petitions. 8. Sub-article (1) of article 49 of the RPO has provided that no election shall be called in question except by an election petition presented by a "candidate" (emphasi......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
....transfer of Hindu community, persecution against Awami League leaders, pro-liberation citizens and Hindu community, mass killing of Hindu community on political and religious grounds, torture, arson-ing and other inhuman acts at Maddhaya Gohira Hindu Para, Gohira, Jogotmollopara, Banik Para, Su......on activities as per direction of political leaders. The Pakistan central government was vacillating over the handing over of power to Bangabandhu Sheikh Mujibur Rahman against which Bangabandhu called the people to participate in the non-cooperation movement on 1st March, 1971, and on tha......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)
....…...........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&md......n. 14. Order IX, rule 13 provides that if he satisfies the Court that the Summons was not duly served, or that 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 su......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
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
.... 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 Court comm...... 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 judgment and decree. 8. As stated earlier, the plaintiffs' sui......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. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... The Rule is disposed of. Case Referred to- AA Engineering Ltd. Vs. Khulna University, 66 DLR (AD) 19. Lawyers Involved: Mahmudul Islam, Senior Advocate—Petitioner (In person). Md. Khurshid Alam Khan, Advocate—For the Respondent No. 1. Civil Revision No. ......easons to realize the tax in normal course and in the actual place then, provisions are made to deduct that tax at its source. This system of deducting tax at the source from where the money comes is called tax deduction at source. So, VDS is not a separate tax, rather it is the system or proce......ount of Taka 33,725 is payable by the petitioner. (3) The petitioner's further contention is that in equity between two innocent person, the one who could prevent the situation must bear the loss and in this case ACC could by due diligence prevent the situation and as such must bear the los..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
.... Md. Ashaque Momin, AAG with Shahida Begum—For the Respondent. Criminal Appeal No. 2931 of 2012 Judgment Ashish Ranjan Das J.— This Criminal Appeal at the instance of the sole convict Sanjay Kumar Biswas has been directed against the judgment of conviction and sentence d......ocal Khoksa Police Station and this criminal case was set on motion. 10. At the very on set let the brief statement of the prosecutrix Malati (PW 2) recorded under section 22 of the Act may be recalled, as she stated: “সঞ্জয় বিশ্বাসের সাথে এ......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. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
..... State of M.P., 1(SCC)(1976)560; Jagmohan Singh Vs. State of UP, 1(SCC)(1973)20; Maneka Gandhi Vs. Union of India, AIR 1978(SC) 597; Bachan Singh Vs. State of Panjab 2(SCC)(1980)684; James Tyone Woodson and Luby Waxton Vs. State of North Carolina, 428 US 280; Trop Vs. Dulles, 356 US; Ong Aha Chuan ......onstitutionality of section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by th...... 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:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....of offences in the Ain of 2000 shall be applicable.
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.
Cases Referred to-
Patrick Reyes Vs. The Queen in Privy Council Appeal No.64 ......onstitutionality of section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by th......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:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
.... Article 47A (2) of the Constitution, the Court is to ensure that in the pretext of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Division resorted to a fundamental error of law, which remains apparent on the face of the judgment. One o......t distinctively clear in the appellate judgment that there were de-facto local leaderships at all areas. This finding of fact discloses no error. We can therefore put no reliance whatsoever on the so-called interview. DEATH PENALTY 40. On Mr. Khandakar’s philosophic submission that d......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....ip;…… (23) The use of the word 'sale' is conditional and intended as security for the debt, inasmuch as in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed failed to hand over possession on the demand of the ven......condition that on such payment being made the sale shall become void, or On condition that on such payment being made the buyer shall transfer the property to the seller. the transaction is called a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale. provid......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
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....n 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for dowry and in ...... house of the accused. Sometime thereafter, the accused again tortured his daughter for dowry and sent her to his (the P.W.) house. Thereafter, the P.W., after arranging some money, on 25-8-2000, had called for the accused through his sons, they came to his house in the morning of 26-8-2000. In pres......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....e petitioner that in utter violation of section 12(4) read with 33(2) of Ain the auction was held has no legs to stand. Since the auction of the concerned property of the petitioner was not sold in auction in pursuance of a decree or order as envisaged under section 33 of the Ain but the a......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......g on the point. If an auction sale has been held to be illegal or irregular, the same cannot be challenged under Article 102 of the Constitution. However, the owner may sue the bank concerned for any loss, if suffered because of such illegal or irregular auction sale. Our Appellate Division has..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....মামলা (Trap Case) প্রস্তুত করিতে বা পরিচালনা করিতে পারিবেন।” There is no bar in catching red-handed any person by any law enforcing agency if the Commission has not been informed or assistance of Commis......vided that initiation of a proceeding must be conducted by the Anti-Corruption Commission by investigating into the fact and filing a charge-sheet thereof, as such, no interference from this court is called for. The learned Advocate further submits that the impugned proceeding has been correctly con......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
.... of a deed of assignment dated 30-12-2003 .given by Raj Kumar Agarwala in his favour. The petitioner, Shohan Kumar Agarwala, proprietor of M/s Petro Products, Dakhin Bargacha, Station Bazar, Natore also applied for registration of the same trade mark 'Dulhan' in 2004, i.e. long 7 years after......ed the application for registration by filing forged and false documents and the High Court Division also accepted the said finding of the Assistant Registrar. Therefore, no interference is called for with the impugned judgment and order.
8. From the order of the Assistant Registrar a......tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
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Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
.... as to non-cogency of the prayer for condonation of delay in the first appellate order, and since, this has not been done, the Taxes Appellate Tribunal was required to consider the same which also having failed prejudicing the Assessee-applicant, and so this court finds merit in this Income Ta......tive and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
This Case is also Reported in:
......being the highest appellate authority in the Taxes department, the Assessee-applicant has preferred the appeal before the first appellate authority against his grievance as to enhancement of his loss to a huge amount of income, which having prejudiced the Assessee-applicant, is entit..
Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1
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