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Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another Vs. Messrs Ahad Jute Mills Ltd. and others, 2016, 45 CLC (HCD)

....sh; 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(three) years” and time from which periods bearings to run is- “The date of the occurrence causing the loss&rdquo......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. ..

Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142

Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

.... 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..…………...(9) While Evidence is Given by the Accused in......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

A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)

.... 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 order was passed staying the order impugned against. ...... 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 ..

Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4

RNR GNG Refuelling and Filling Station Limited Vs. General Manager, Comilla Palli Bidyut Samittee-1 and Others, 2016, 45 CLC (HCD)

....tation honestly, sincerely and paying bills regularly. On 1-10-2012, the respondent No.1 issued a notice vide his office Memo No. Comilla PBS-1/400.13/2012/7063 asking the petitioner to appear at the time of examination of the removed meter without mentioning any specific time and date which was rec......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   ..

Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....it of the petitioner dated 3-1-2016. However, as against that adjudication order, the petitioner has already preferred an appeal before the Tribunal, and upon such appeal, the Tribunal has in the meantime passed an ad interim order dated 14-5-2015 (see Annexure-CC 1 to the supplementary-affidavit of......6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 197   ..

Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....is not a citizen of Bangladesh; (b) That the applicant was convicted under the Bangladesh Collaborators (Special Tribunal) Order, 1972 (PO No. 8 of 1972); (c) That the applicant has, at any time during the period of five years immediately preceding the date of his application, been convict......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   ..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)

.... Miah and Others…………..Defendant-Respondent Judgment December 15, 2015 Result: The appeal is allowed It is well settled that where in any contract, time is intended to be of the essence of the contract, it is not sufficient to find whether there wa...... 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       ..

Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1

Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....its that the learned trial judge erred in law in disallowing the pre-emption case on the main ground that the case was hopelessly barred by limitation as the case was filed beyond the stipu­lated time of 3 years although there is no limita­tion to file the pre-emption case and, as such, the ......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)

....itnesses. 5. After the close of evidence from the prosecution side the condemned-prisoner Md. Golam Rabbani was examined under section 342 of the Code of Criminal Procedure and at that time also he pleaded not guilty and claimed to be tried and declined to adduce evidence in support o......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)

.... The Supreme Court of India, in 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 me......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

Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)

....ed to have been done without any lawful authority and is of no legal effect; that it is the statutory duty of the respondents to dispose of the application filed by the petitioner within a reasonable time and, as such the respondents are required to be directed to dispose of the application filed by......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)

....t;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 found that stipulated time for submission of w......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)

....-6-2004 directing the petitioner to deposit VAT for an amount of Taka 35,41,498.66 through treasury challan or deduct the amounts from the current account register of the petitioner, and, at the same time, deducting the said amounts from the current account register of the petitioner on 30-5-2004 an......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)

.... party for effective and complete adjudication of all questions involved in the case. 23. This provision as well, does not clearly prescribe the pre-requisite qualification of a defendant at the time of institution of a suit, rather it is a provision to regulate the competency of a plaintiff or....... 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

Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)

.... for an amount of Taka 1, 20, 59,999 from the concerned bank of the petitioner under section 43 of the said Ordinance. According to the petitioner, though the Commissioner in fact took long time for disposal of the said revisional application even after expiry of the statutory period of 6(......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

The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)

....p on any Judge in his public capacity for, such attack would be calculated to malign the Judge and to lower the authority of the Court over which the Judge performs his judicial function. At the same time, it also amounts to interference with thereof. Criticism of Judges of the highest Court in resp......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

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....o 10-00am accused Salauddin Qader Chowdhury led the Pakistani Army to Kundeshwari Owsadalay of Gohira and entered into the household of Sree Nuton Chandra Singha who was performing his prayer at that time in the temple, a Hindu religious prayer place, accused Salauddin Qader Chowdhury expressed his ......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     ..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....ttorney appointing the Petitioner authorizing her to act on his behalf and to deal with the property in question in any manner including power of transfer of the same. After passing of a considerable time while Abdur Rob Biswas pressed the said Abid Hossain to execute and register the sale deed upon......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)

....Senior assistant Judge, Kulaura, Moulvibazar for declaration of title and, partition. The summons were duly served upon the defendant Nos.1 and 2 who subsequently appeared before the court and prayed time for filing written statement which was allowed. But ultimately they did not file written statem......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)

....t. 5. Being aggrieved by and dissatisfied with the judgment and decree of the High Court Division, the heirs of defendant No. 3 have filed this petition for leave to appeal as he died in the meantime. 6. Mr. AJ Mohammad Ali, learned Counsel, for the petitioners submits that the plaintiffs ......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