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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.
......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......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..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 143
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......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........n J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others…………………………Respondent..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
....les. However, on 28-9-2012, a team of the respondent No.1 inspected the petitioner's meter 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 suppl......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 ......2016) 165
..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... anything at or before the specified time the contract should not fail if the intention of the parties found good and in this case there is nothing on record to suggest that the plaintiff willfully disobeyed the terms of contract rather, it is on record that the defendant No. 1 violated the terms of...... 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......; Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Judgment December 15, 201..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
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...... 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...... 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 "......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...... 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..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....umerated in Section 3(2) of the ICT Act listed in charge Nos.1, 2, 5,6 and 7 and sentenced to “single sentence of Death” for the crimes as listed in charge Nos.6 and 7, 5(five) years imprisonment for the Crimes listed in charge No.3 and imprisonment for life for the crimes as listed in c...... helped the identification of the body. The three other bodies recovered from the same place are also believed to be those of Dacca University teachers kidnapped by Al-Badar goondas. It may be recalled that nine eminent teachers of Dacca University and the University’s Medical Officer Dr.......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......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..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)
.... Vs. Artha Rin Adalat and Others………………………..Respondent Judgment November 5, 2015 Result: The Rule is made absolute. An Ex-Parte Decree— How the Court Passed— The ex-parte decree passed u......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......016) 148 ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
....lip;.Petitioner Vs. Abu Naseruddin and Others…………………..Respondent Judgment September 10, 2015 Result: This Rule is made absolute. Lawyers Involved: Syed Ridwan Hossain, Advocate—For the Petitioner None...... 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 ...... Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Respondent Judgment Se..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....ither 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 who ought to have been joined, whether as plaintiff or defendant, or whose presence before the C....... 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 ......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......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2..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)
.......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 ......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ..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......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......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 ..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......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..............................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.
..
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......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 ......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......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......R (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...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......diction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Mahmudul Islam………………...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment May 18, 2015. Result: The Rule is dis..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......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......nbsp; Result: The appeal succeeds. Case Referred to- Sohel Rana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. ..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......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......eme Court
Appellate Division
(Criminal)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others …………………&..
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......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......llate Division
(Civil Appellate Jurisdiction)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others ......................................Appellant (In Civil..
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)
....taking the aforesaid settlement the petitioners had been paying rent to the Bhawal Raj Court of Wards Estate and got rent receipt from the Estate accordingly, Annexure-C series. Since the petitioners sold some portion of the land out of 59.36 acres, the SA record was correctly prepared in the names ......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......orted in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
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