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....yable 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”.
“Time from which period begins to run&rdq......mpugned judgment and decree on allowing the appeal.
10. On the other hand Mr. Hassan Shaheed Quamruzzaman, the learned Advocate appearing for the plaintiff-respondent submits that in view of the decision reported in 66 DLR 224 a Division Bench of this Court held that the law of limitation runs ..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....the Rule issued under section 561A of the Code of Criminal Procedure, by the usurping function of a trial court. ……..(10) A cheque, which is otherwise complete except the date, will be treated as an inchoate document handed over to the payee with implied authority (unles......t the date, will be treated as an inchoate document handed over to the payee with implied authority (unless an express authority is annexed) to write the date on the said cheque. It is the choice and decision of the drawer of a cheque to hand over a dated, post-dated or undated cheque to the payee. ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
....as issued on 27-5-2015 in the following terms. "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Order vide Memo No.৩/কল/বগ/৯৭৬/৮৫ dated 20-5-2015 passed by the Respondent No.4 (as contained in Annexure-C) releasing the petitioner ......or its approval. 4. Subsequent thereto the Inspector of College, respondent No. 4 by letter dated 19-5-2015 gave approval of the newly elected Governing Body for a period of 2(two) years and the decision of the board was communicated to the petitioner vide letter dated 19-5-2015 (Annexure-B). I..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....the respondents to show cause as to why the disconnection of the electric line of the petitioner bearing meter No. 07922470, account No. 13-174-2650, Belashar, Chandina, Comilla and the demand notice dated 26-11-2012 issued by the respondent No. 2 vide his office Memo No. Comilla PBS-1/400.13/2012/7......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
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Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....toms 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 No. 2 of 2015 dated 30-4-2015, imposed a certain amount of penalty upon the petitioner (See annexure CC to the sup......n (1) of section 156 of the Customs Act, the Commissioner of Customs acted without jurisdiction in going beyond the said prescribed punishments. In this regard, learned advocate refers to a decision of this Court in Badar Box Industries Vs. Commissioner of Customs, 19 BLC 411, and submits ..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....ion. The case of respondent No.2 in short, is that, the status of the petitioner is different from that of the status of the normal citizens of the country. The report of the Special Branch of Police dated 25-10-2015, reveals that there are as many as 14 criminal cases pending against the petitioner......n opposition, supplementary affidavit filed by the petitioner and other relevant papers. 8. It appears from the record that the petitioner had a passport being No. is A-0158834. According to the decision of the Government, the old passports have been obsolete and all the citizens of the country..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....;For added the Respondent No. 3. First Appeal No. 317 of 2011 with Civil Rule No. 894(F) of 2011 Judgment Sheikh Abdul Awal J.—This First Appeal is from judgment and decree dated 31-7-2011 (decree signed on 7-8-2011) passed by the learned Joint District Judge, 1st Court, D...... of the matter the finding of the trial Judge that the plaintiff could not perform his part is perverse being contrary to the evidence and materials on record. Mr. Mohammad Ali further relying on the decisions reported in 8 DLR 616, Vol. 20, the Calcutta Weekly Notes (Privy Council) 744 submit..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....r the Respondents. First Miscellaneous Appeal No. 183 of 1998. Judgment Sheikh Abdul Awal J .— This First Miscellaneous Appeal is directed against the impugned judgment and order dated 17-5-1998 passed by the then Sub-ordinate Judge, 1* Court, Kushtia in Miscellaneous (pre-empti......re is no limitation to file the pre-emption case and, as such, the impugned judgment is liable to be set-aside. The learned Advocate to fortify his la branch of argument has referred to the decisions reported in 36 DLR 351, 1 BLT (AD) 34 and AIR 1973 (Patna) 142. Mr. Nurul Amin further sub..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....harge of Kahalu police station on 5-12-2006 alleging that the deceased Shirina Khatun was his full sister who got herself married with the condemned-prisoner Golam Rabbani prior to 16/17 years to the date of occurrence. The accused No. 2 and 3 are the mother and step father of the condemned-prisoner......eath he informed the local inhabitants including the local police station that his wife died by snake-bite which is a downright false. The learned DAG. in support of his contention referred series of decisions of our Apex Court and of this Court. In the conclusion of the submissions the learned DAG ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....bsp;Additional Deputy Attorney General, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Criminal Review Petition No.62 of 2015. (From the judgment and order dated 16.05.2015 in Criminal Appeal No.103 of 2013 arising out of the Judgment and order dated 17.07...... so obvious that keeping it on the record will be legally wrong. The moot point is, a party to a litigation is not entitled to seek a review of judgment merely for the purpose of rehearing or a fresh decision of the case. The power can be extended in a case where something obvious has been overlooke..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)
.... constituted selection committee selected the petitioner to be appointed for the said post and consequently the petitioner has joined the said School, on 11-4-1999, pursuant to the appointment letter dated 7-4-1999 issued by the Chairman of the Managing Committee Uzan Teura TUM High School, Sundargo......chers (Board of Intermediate and Secondary Education, Rajshahi) Terms And Conditions of Service Regulations, 1979" and with a malafide intention, the Managing Committee of the said school took a decision on 12-10-2014 to suspend the petitioner from his service; that the Governing Body of the sa..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)
....l Hamid Chowdhury (Iqbal) and another, this Rule was issued in following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the order and ex-parte decree dated 3-3-2014 passed by the Artha Rin Adalat & Joint District Judge, 2nd Court, Sylhet in Artha......ost. The ex-parte decree dated 3-3-2014 is declared to have been passed without lawful authority and is of no legal effect and set aside. The case is sent back on remand to the Adalat to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once...Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... None appears—For the Opposite parties. Civil Revision No.1118 of 2005 Judgment Sharif Uddin Chaklader J.— This Rule, by the pre-emptee, directed against judgment and order dated 9-11-2004 passed by the learned Additional District Judge, 1st court, Narayangonj allowing Mis...... 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)
....n Writ Petition No. 3203 of 2004 2. Rule Nisi was issued asking the respondents to show cause as to why the demand notices issued by respondent 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 d......red to by the learned DAG, can stand the test of law in so far as the same concerns the direct action of adjustment in the current account register. 13. In this regard, we have also examined the decisions of this Court as referred to by the learned DAG, namely the judgments in unreported Writ P..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....sh;For the Respondents Writ Petition No. 2117 of 2015 Judgment Sheikh Hassan Arif J.— This Rule was issued calling upon the respondents to show cause as to why the impugned Order dated 26-5-2014 (Annexure-C) passed by the respondent No. 2 under section 120 of the Incom......essments done under Universal Self Assessment Scheme for audit, the Inspecting Joint Commissioner of Taxes is immune from invoking the jurisdiction under section 120. Referring to the subsequent decision, namely the unreported case of Nilufar Sattar Vs. the Commissioner of Taxes (IT Reference A..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)
....udgment August 13, 2015. Result: The petitions are disposed of. Whether the Election Petitions were Maintainable in Law— The petitioner being a proposed "candidate" for election as a Member of the Parliament for the Constituency in question, he had ......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
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....Khan Masud) are sentenced to confinement till rising of this Court, this day and to pay a fine of Tk.10,000/-(Ten thousand) 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 al......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
....hondaker Diliruzzaman, DAG. arid Bashir Ahmed, AAG, instructed by Mahmuda Parveen, Advocate-on-Record— For the Respondent.
Criminal Appeal No.122 of 2013.
(From the judgment and order dated 1-10-2013 passed by the International Crimes Tribunal No.1 (ICT-1), Dhaka in ICT-BD Case No.2 ......aw that for deposing in a case, a sitting Judge of the Supreme Court is required permission from the Chief Justice. If any Judge considers it expedient to depose before a court or tribunal, it is his decision as to whether as a sitting Judge he should depose on oath before a tribunal maintainin..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....plication under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the decision dated 10-12-2009 passed by Respondent No. 3 in Case No. 221 of 1992 dismissing the case and thereby ......n this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the decision dated 10-12-2009 passed by Respondent No. 3 in Case No. 221 of 1992 dismissing the case and..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....ction 115(4) of the Code of Civil Procedure without granting leave this court issued Rule calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned judgment and order dated 15-9-2005 passed by the learned District Judge, Moulvibazar in Civil Revision No. 34 of 2005 a......oneously passed the impugned Judgment considering the procedure of rule 1 of order XVII of the Code of Civil Procedure which they committed serious error in law resulting in an error in the decision occasioning failure of Justice. 15. Considering the aforesaid facts and circumstances ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
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