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....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.
......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.
......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)
....or collection, but the said cheque was returned to complainant, on 12-8-2009, bearing an endorsement "Account Closed". When the complainant informed the matter to the accused, he denied the total transaction. The complainant, on 9-9-2009, sent a demand notice through his lawyer to the accu......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 ......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)
.... 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 ...... 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 ...... 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
....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
......ulatory Commission Dispute Settlement Regulations were non-existent. Given this scenario, a pertinent question arises: was the remedy of arbitration available to the petitioner-company in 2012 in the absence of the Bangladesh Energy Regulatory Commission Dispute Settlement Regulations which were ind......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
....notice, an adjudication took place and the Commissioner of Customs, Mongla (respondent No.2), vide adjudication order No.2/15 dated 30-4-2015, imposed penalties of Taka 40,000 and Taka 7,65,43,656 in total Taka 7,65,83,656 upon the petitioner and directed it to pay the same in the government exchequ......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......ms stations and the concerned customs stations started proceedings to put them on auction followed by issuance of auction notices. Under such circumstances, the petitioner moved this Court under writ jurisdiction and obtained the aforesaid Rule. At the time of issuance of the Rule, this Court, vide ..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
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 ......ed in 44 DLR, 39 it has been held as under: "The passport is more than a property to a citizen because without passport one can't move an inch whenever he is outside the country. In the absence of the passport a person in an alien territory is a crippled person." 25. Mr. Nita......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)
....defendant No.1 and another on the averments that the defendant No.1, Abdur Rahim Miah entered into an agreement with the plaintiff to sell the property of Mouza-Baunia, PS Uttara, District Dhaka at a total consideration of Taka 10, 00,000. In terms of agreement the plaintiff has paid Taka 5, 00,000 ...... 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 ...... 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)
....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 ......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 ......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)
....est of viscera the Expert sent his report. 27. Having gone through the submissions advanced from the side of the learned Advocates of both sides we have scrutinized the evidence on record in its total approach along with the relevant materials on record. On meticulous consideration and analysis......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 ......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)
....e searching question the judge must put to himself is: What then is an extra-ordinarily reasonable as to validate the wiping out of life itself and with it the great rights which inhere in him in the totality of facts, the circle being drawn with ample relevant” He observed that the “rob......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: ...... by the members of Al Badr Bahini. Since such findings are based on evidence and there are no error of law apparent on the face of the records, those findings cannot be disturbed by exercising review jurisdiction. 14. So far the submissions of Hossain regarding command responsibly we have consi..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)
....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 ......to this unjust situation and shall fix a period as to how long a person can be kept suspended pending inquiry, when such suspension is not imposed as penal measures. According, we declare that in the absence of any law providing, otherwise, no person shall be kept under suspension beyond 60 (sixty) ......king any delay; that the action of the respondents in not disposing the application filed by the petitioner on 1-10-2013 (ANNEXURE-C) is malafide, arbitrarily and amounts to refusal to exercise their jurisdiction and hence, the respondents are required to be directed to dispose of the application fi..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)
....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 ......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 ...... An Ex-Parte Decree— How the Court Passed— The ex-parte decree passed upon the admitted facts has been absolutely vitiated by perversity. In this case the Adalat exceeded it's jurisdiction and acted in such a manner in deciding the issue that certainly added to have been pass..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 ......e a notary public is not evidence, nor it is a fact but a certificate of a state of thing. Secondly, such affidavit is to prove, thirdly, concerned notary public is required to be deposed on oath. In absence of these entire legal aspects affidavit sworn before a Notary Public cannot be gone into evi...... 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
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....officers were without jurisdiction as the prerequisite facts for exercising such jurisdiction as contemplated under Clauses-'Ka' to 'Ta' of sub-section (1) of section 9 were totally absent. Hence, the impugned directions and/or actions were without jurisdiction. Lawyer......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 ......y an adjudication order. he VAT officer admittedly acted under section 9(2) and not under section 56, the impugned directions and/or actions of the concerned officers were without jurisdiction as the prerequisite facts for exercising such jurisdiction as contemplated under Clause..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....e shareholders of the said Company namely, Khalilur Rahman Chowdhury, Roslin Hasan Chowdhury (respondent No. 5) and Talat Jabin Chowdhury (respondent No. 6), who had fully paid off the value of their total shares. During 1992-1999, in course of business, the Company took a loan from the Bangladesh K......, if the Bank is successful in the suit and it reveals that the writ petitioner and respondent No. 8 got some Saham in the deceased-mortgagor's property, the decree shall be frustrated because of absence of these two inheritors, namely the writ petitioner and respondent No. 8 and, secondly, it w....... 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)
....ce money' and the owner gives power, under the development agreement and registered power of attorney, to the developer to sell the developer's portion of the flats (usually 50% or 40% of the total flats) to the prospective purchasers of the same, the said amount of Two crore is adjusted aga......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 ......signing money' or 'earnest money' as received by the petitioner in this case has been misconceived by the tax authorities and, as such, the same has been regarded as capital gains without jurisdiction. Thus, this Court is of the view that, the entire exercise of powers by the customs aut..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
....6 series, 37 series, 38 series, 39 series and Md Nurul Islam (P.W. 41), a police officer and the investigation officer. He also proved the seizure of exts. 40 series to 98 series.
5. Defence has totally denied the complicity of the accused in the alleged commission of offences and took a plea o......t not affirmed before a Notary Public. It was simply attested by an officer of Ministry of Foreign Affairs, Islamabad. I fail to understand how an officer of the Foreign Ministry can attest it in the absence of its being sworn before a Notary Public. It is also interesting to note that the affidavit......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)
....e the Magistrate, First Class, utility bills, succession certificate, registered power of attorney, payment receipt showing payment of loan money to HBFC by the petitioner but the Court of Settlement totally failed to consider those documents in its true perspective and upon misconstruction of the s......of never returning to it. Such absolute desertion must be concomitant with the positive intention to give up the right vested in the property. It follows, therefore, that mere temporary or occasional absence of physical possession shall not of itself suffice to treat the property as abandoned&hellip......rgued that the Petitioner is not the owner of the property and she can not be a claimant of the property as per law. It is also argued that this Court can not sit as a Court of appeal sitting in writ jurisdiction. This Court only can interfere if it is found that the Court of Settlement acted malafi..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....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 ......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 ......ngs of the courts below is erroneous one. Even the procedure of Order IX, rule 13 of the Code of Civil Procedure has not been repealed, so, the Petitioner has every right to invoke the said jurisdiction. 14. Order IX, rule 13 provides that if he satisfies the Court that the ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....r mouza under Daganbhuiyan PS was prepared in the name of Badsha Mia, Lal Mia and Ershadulla alias Esadulla in respect of 53 decimal of land in plot No. 2807 and 65 decimal of land in plot No.2810 in total 118 decimal of land; that Amirer Nessa Chowdhurani, petitioner's grandmother orally in 192......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
...... he respondent No. 9, Anisur Rahman Chowdhury, Son of Late Alhaj Arifur Rahman Chowdhury, who was one of the appellants in the column No. 9 of the concerned Kabuliat, as possessors is totally without jurisdiction, ultra vires and is of no legal effect and all the impugned orders along with said dire..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
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