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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.
......urer. The insurer appellant on 31.03.1987 appointed surveyer who filed a report assessing the loss as Tk. 29, 53,822.25. The plaintiff on different occasion requested the defendant for payment of the amount of loss; but, the defendant
lastly on 07.04.1990, refused to pay the amount and accordin......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)
....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 ...... of this case and framed charge against the accused-petitioner in spite of there having no materials before him to further proceed with this matter. Hence, the continuation of the impugned proceeding amounts to abuse of the process of the court. He further submits that there is no existence of any l......tion 138 of Negotiable Instrument (Amendment) Act, 2006, alleging, inter alia, that the complainant and the accused are neighbours and are known to each other. In the course of transaction, money was due to the complainant from the accused. To pay the dues, the accused, on 28-7-2009, gave ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
....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
......S-1/400.13/2012/7927 directing the petitioner to pay a sum of Taka 69, 58,370 only within 15(fifteen) days and asking it to take re-connection of the electric line after payment of the aforementioned amount of money. Anyway, on 28-11-2012, the petitioner made a written representation to the responde....../2012/7927 directing the petitioner to pay a sum of Taka 69, 58,370 only within 15(fifteen) days and asking it to take re-connection of the electric line after payment of the aforementioned amount of money. Anyway, on 28-11-2012, the petitioner made a written representation to the respondent Nos. 2 ..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......gh issuance of either show cause or demand, notice upon the petitioner for realization of any duties or taxes under the Customs Act, 1969. The only demand on the petitioner for realization of certain amount of money was done before 30-4-2015, on which day the Commissioner of Customs, vide adjudicati......e of either show cause or demand, notice upon the petitioner for realization of any duties or taxes under the Customs Act, 1969. The only demand on the petitioner for realization of certain amount of money was done before 30-4-2015, on which day the Commissioner of Customs, vide adjudication order N..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... 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 ......he plaintiff issued a legal notice on 21-1-2007 to the defendant No.1 asking to execute and register the sale deed on taking the balance consideration money but the defendant No.1 demanded additional amount of Taka 5,00,000 to the plaintiff and hence, the suit for specific performance of contract. ......gness to perform the obligations undertaken by him are proved. in this case the plaintiff petitioner has successfully proved his readiness and willingness to pay the balance of the consideration money within the stipulated period of time, there being no controversy regarding the failure of the ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....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 ...... stage of that finding no other alternative managed Taka 60,000 (sixty thousand) from the informant and handed over it to her husband Golam Rabbani with a condition that Golam Rabbani will re-pay the amount within one month. But while he did not return the said amount, Shirina Khatun demanded the mo......t and handed over it to her husband Golam Rabbani with a condition that Golam Rabbani will re-pay the amount within one month. But while he did not return the said amount, Shirina Khatun demanded the money, at which the husband of the deceased, Golam Rabbani became very much furious with his wife an..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....livered by a court, particularly the judgments at the apex level of the judicial hierarchy, upon a full-fledged hearing of the parties, a review petition being neither in the nature of a rehearing of whole case nor being an appeal against judgment, review is not permissible only to embark upon a rei......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: ......, Md. Kamaruzzaman Vs. Chief Prosecutor International Crime Tribunal, Dhaka which are as follows: “Islam demands “Death for Death” with the provision of payment of “blood money”. Some modern Humanists used to press for “death in no case” or “God A..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 ......on filed by the petitioner without making 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 dire......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)
....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 ...... lac) to the petitioners and repaid Taka 39,00,000 (thirty nine lac) to the First Security Islami Bank Ltd. as per stipulated terms and conditions of the loan. But owing to nonpayment in part or full amount of the outstanding the respondent No. 2 Agrani Bank Ltd. Zinda Bazar Branch, Sylhet through t......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)
....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 ......nt No. 2, vide nathi No. 4/VAT/Oil(3)91/Part-1/00/833 dated 27-5-2004, for Taka 22,80,974, and vide nathi No.4/VAT/Oil(3)91/Part-1/00/917 dated 6-6-2004 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 ......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)
..... 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 ......mkali Mahajan 2 DLR 385, the defendants' father had borrowed money from the plaintiff on signing Promissory Notes and it was held that the heirs are bound to pay off the deceased's loan-amount from the deceased's property. 38. Also, as per the ratio laid down in the case of Pr...... its own motion or upon application of either party for effective and complete adjudication of all questions involved in the case………….(21 & 22) Adjusting the loan-money from the assets and properties of the principal-debtor (the Company)—The Bank as per the..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)
....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 ......cting Joint Commissioner of Taxes. During pendency of the said revisional application, it is alleged that, the Commissioner secured issuance of pay orders in favour of the government exchequer for an amount of Taka 1, 20, 59,999 from the concerned bank of the petitioner under section 43 of......xercised Jurisdiction beyond its Power —under section 120 read with 82BB as well as section 121A of the Income Tax Ordinance. The very concept of 'signing money' or 'earnest money' as received by the petitioner in this case has been misconceiv..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
....r Chowdhury and Mabud. Soon thereafter, he along with Brajahari went into hiding on the first floor of the Kundeshwari complex and others took shelter to a nearby bush. He and Brajahari saw the whole incident through the window of Brajahari's room. Salauddin Qader Chowdhury and army person......ry to some others; that some civilians were deported to India as refugees; that these acts were committed with intent to destroy the whole or in part by killing members of Hindu religious group which amounts to genocide by killing and causing serious bodily harm to the members of the said commu......tijuddah decided to attack the Rajakars' camps. He was a student of college at that time and on being inspired by the gallantry fighting of the freedom fighters, he joined the elders who supplied money, materials and cooked food to the freedom fighters. They set up a check post under the banyan ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e Court of Settlement without following a judicial approach in determining the question of facts involved in this case unfortunately passed the Judgment without giving a judicial consideration of the whole dispute between the parties and decided the matter erroneously…………...... revealed that the property has been mortgaged to the HBFC and the original documents are lying with them. Thereafter the petitioner after making necessary inquiry came to know that the original loan amount stood at Taka 43,778 as on 7-12-1981. The petitioner made payment of the entire loan amount t......t for sale being No. 22877 dated 12-12-1980 in favour of one Abdur Rob Biswas, the husband of the present Petitioner at a consideration of Taka. 80,000 out of which he received Taka 40,000 as earnest money and delivered possession of the property. On the same day he executed and registered a power o..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
.... is immaterial whether the disputed property was listed in the ‘ka’ or ‘kha’ list, it is the abandoned character of the property which is the main criteria for determining the whole matter.”
16. And in the case of Government of Bangladesh Vs. Ashraf Ali @ Ashraf Al......n 14.04.1979 in Succession Certificate Case No. 241 of 1979 from the 3rd Court of Subordinate Judge, Dhaka for the purpose of recovering loan money left by Syed Abdus Sattar from one Md. Nazrul Islam amounting to Tk. 925.00 (Annexure-B1 to the writ petition). The writ petitioners also stated that on......rsonal Law and he also obtained a succession certificate on 14.04.1979 in Succession Certificate Case No. 241 of 1979 from the 3rd Court of Subordinate Judge, Dhaka for the purpose of recovering loan money left by Syed Abdus Sattar from one Md. Nazrul Islam amounting to Tk. 925.00 (Annexure-B1 to th..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......ion of the regulation and cared not at all about the source and limitation of her authority. Hence, this is a fit case where she (the then Chairman of Dhaka Board) should be fined with exemplary amount, so that no one, by using his or her position makes such order which is bound to erode the Ru......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... 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 ...... to conduct a number of cases in the Supreme Court and also obtained from him some legal opinion for which the petitioner submitted bills. ACC made payment in two installments after deducting certain amounts. Some of the deductions were legal and some not legal. In the first installment the ACC sent......cult for many reasons 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 ..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ......ing complete failure of justice inasmuch as the High Court Division did not consider the submission of the petitioner that the assessment was made for the requisitioned land and the compensation money was paid to the father of the respondent and therefore has caused complete failure of justice...Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....owing sexual intercourses. In the written FIR (Exbt: 1) it was stated that die appellant committed rape under threat brandishing a knife. But Malati (P.W. 2) herself did not say so. But the whole thing, to me, gives an impression that there was some sort of consent the end the victim girl.......nd put vermilion on Malati Rani's head with an intent to give her a fake assurance that by doing so he actually married her. This particular fact, if found true, should be considered with paramount importance. But the written FIR itself is silent as regards this episode. The informant himse......3. "That consent obtained by fraud is no consent at all, is not true as a general proposition either in fact or in law. If a man meets a woman in the street and knowingly gives her bad money in order to procure her consent to intercourse with him, he obtains her consent by fraud, but ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....f the law. The International Union of Criminal Law of French group in 1905 recommended that ‘there should be organised in the faculties of law special teaching theoretical and practical for the whole range of penal studies (and) the certificate in penal studies awarded should be taken into con......prisonment for life. Section 300 fastens the special requirements of murder upon the definition of culpable homicide. Culpable homicide sans special characteristics of murder is culpable homicide not amounting to murder. If any of the five exceptions attracts a case it will be culpable homicide not ...... 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:
..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
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