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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.
......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..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 139
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 ......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..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 ......ce released the petitioner from the post of Chairman of the Governing Body of the College in question without giving any opportunity to defend; such action of the Respondent No. 4 is violative to the principle of Natural Justice. Mainly the learned counsel for the petitioner tried to impress upon us...... 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: 3
....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
......them to restore the electric line of the petitioner and withdraw the demand notice, but in vain. The action of the respondents in disconnecting the electric line of the petitioner is violative of the principle of natural justice. So the impugned order dated 26-11-2012 is clearly without lawful autho......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..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 1
....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
.......Respondent
Judgment
January 27, 2016
Result:
The Rule is made absolute.
Principle of Natural Justice—
Since no punishment could be imposed without adhering to the principle of audi alteram partem, the principle of natural justice requiring the concerned authority......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..
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 ......cretary of State, reported in (1969) 2 ChD 149 corresponding to (1969) All ER 904 as under: "Where a public officer has power to deprive a person of his liberty or his property, the general principle is that it is not to be done without hearing." 26. The petitioner being a lawful......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)
.... 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 ......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. ..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 ...... the exclusive control and custody of her husband the condemned-prisoner Golam Rabbani in his dwelling hut and the occurrence was held in dark night within their residence. Therefore, the established principle of law with regard to this; as to the responsibility or onus of proof is entirely lies upo...... 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..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....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: ......dquo;community” and observed that though the “community” revered and protected life because “the very humanistic edifice is constructed on the foundation of reverence for life principle” it may withdraw the protection and demand death penalty: “----It may do ......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)
....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 ......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..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 ...... 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..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 ......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 ..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 ....... 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..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 3
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 ......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..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
....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
......allegations by filing a counter affidavit or demands the attendance of the deponent for his cross-examination, the affidavit shall lose all its force and cannot be acted upon.
104. The governing principle for affidavit evidence as provided in rule 3 Order 19 is that a deponent shall s......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..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....killed on 10-3-1972. It is also argued that the Government file shows that said S.G. Mustafa died in Bangladesh in 1972 and several notices were issued by the housing authority demanding outstanding, installments from said S.G. Mustafa. Therefore, it is established that the original owner of the pro......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 malafide and in violation of principle of natural justice. But in the present case no such allegation has been brought on behalf ...... 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..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....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.
......inserting the possession of respondent No. 9 in the Remark Column which is of no legal effect; that the respondent No. 4 in holding a Secret Inquiry in collusion with respondent Nos. 5-7 violated the principle of Natural Justice and also infringed the fundamental rights of the petitioner as guarante......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.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......udgment.”
11. And in the case of Government of Bangladesh and others Vs. Bibi Marium and other, reported in 54 DLR (AD) 100 wherein their Lordships held that,
“It is now settled principle of law on interpretation of section 5(1)(b) of the Abandoned Buildings (supplementary prov......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..
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
......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..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....s that the ACC engaged the petitioner 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. ...... 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..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
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