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....s 25.03.1987 and the suit has been filed on 22.08.1990 and in view of Article 86(b) of Limitation Act, the suit is barred by limitation and the trial Court without considering the said article most illegally held that the suit is not barred by limitation and accordingly decreed the suit in part, and......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.
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Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....(s) within the period of thirty days of the receipt of the notice served under clause (b). (7) In 49 DLR (AD) 131: Khondaker Mahtabuddin Ahmed Vs. State, the apex court has held that there is no legal impediment to file a criminal case even if a civil suit is pending on the self-same allegation......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)
....C) releasing the petitioner from the post of Chairman of 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 o...... 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
....2012 issued by the respondent No. 2 vide his office Memo No. Comilla PBS-1/400.13/2012/7927 (Annexure-'C' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......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
....ures "N to N-17") within the HS Code permitted under the said Special Bonded Warehouse License of the petitioner company, should not be declared to be without lawful authority and are of no legal effect.
Background Facts:
2. Short facts, relevant for the disposal of the Rule, are......is Court under writ jurisdiction and obtained the aforesaid Rule. At the time of issuance of the Rule, this Court, vide order dated 30-11-2015, directed the respondent-customs authorities to maintain status-quo in respect of the auction of the said goods under 18(eighteen) bills of entries, as menti..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....two years; (d) That the applicant was convicted or is reasonably suspected of smuggling of currency, drugs, arms trafficking in woman and slaves, foreign currency, Passports or of indulging in illegal dealings involving foreign exchange, trade or commerce; (e) That the applicant is evading......tant Rule Nisi. 3. Respondent No. 2 entered appearance by filing affidavit in opposition controvating the statements made in the writ petition. 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...Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....e date of agreement but the defendant No. 1 did not execute and register the kabala within 6(six) months in spite of tender of the balance consideration money. In this backdrop the plaintiff issued a legal notice on 21-1-2007 to the defendant No.1 asking to execute and register the sale deed on taki...... 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)
....justified in holding that the land under pre-emption is not a part of the undivided family's land. 13. Now, coming to consider the question whether the trial Court committed any illegality in holding that: “নথি পর্যালোচন্ত দেখা য......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)
....it's true perspective decided the merit of the case in favour of the prosecution and against the defence and since the condemned-prisoner deserve highest punishment of this offence; there is no illegality or infirmity in passing the impugned judgment and order of conviction of sentence of death ......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)
....DLR (AD) 289. Those are: “Further, it has now been settled that an error is necessary to be a ground for review but it must be one which is 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 judgme......t civilian superiors will have disciplinary over their sub-ordinates equivalent to that of military superiors in an analogous command position, even no formal letter or document is needed to show the status of ‘superior’. It is not necessary to demonstrate the existence of a formal relat..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)
.... not take any steps in respect the matter till to date that it is humbly submitted that the inordinate delay of the respondents to dispose of the application filed by the petitioner on 22-3-2015 is illegal, malafide and arbitrarily and, as such the inordinate delay of the respondents to dispose of t......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)
....ing the application of the petitioners to allow them contest in the suit by accepting the written statement (Annexure-C) should not be declared to have been done without lawful authority and is of no legal effect." 2. The background leading to the Rule, in short is that the respondent No.2......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
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... 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 evidence nor it can be reli...... 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)
....me, deducting the said amounts from the current account register of the petitioner on 30-5-2004 and 7-6-2004, (Annexures-C & D) should not be declared to be without lawful authority and are of no legal effect. In Writ Petition No.3205 of 2004 3. Rule Nisi was issued calling upon the re......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)
....ed property, the Bank shall be competent to attach the other properties left by the said deceased on the strength of the 'Undertaking' and 'Promissory Note' and, in that event, as the legal heirs of the deceased, the writ petitioner and respondent No. 8 are duty bound to assist the A...... 6. Then, Mr Siddique places another aspect of the provisions of section 6(5) of the Ain, 2003 before this Court and submits that following passing a decree by the Artha Rin Adalat, the status of all the defendants become same in that the decree will be passed against all the defendant..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)
....r section 121A of the said Ordinance upholding the said order dated 26-5-2014 passed by the respondent No. 2 (Annexure-C) should not be declared to be without lawful authority and are of no legal effect. Background facts: 2. Short facts, relevant for the disposal of the Rule, are......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
....University and the envelop containing the address of the accused from Lahore proved that the accused was not present in Bangladesh during the relevant time of occurrences.
b) the tribunal illegally considered exhibit-10, the issue of 'Daily Pakistan' dated 29th September, 1971 and ...... 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 maintaining his dignity and status. It is none of the business of the Chief Justice to permit a sitting Judge to accord permissi..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....rty as abandoned…….. (15) Service Notice is a Requirement — Non-service of notice as required by law disentitled the Government-Respondent to claim that the property was legally declared abandoned and enlisted in the "Kha" list of the Abandoned Buildings. It i......circumstances, this Court finds itself wholly subscribing to that ratio decidendi in the Syeda Chand Sultana Case. 20. Given this Court's understanding of the essentials of enquiry as to the status of property under the relevant provisions of Ordinance as above explained, it is found that t..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) should not be declared to have been made without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro......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.
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Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....al Court dismissing the suit, preferred the first appeal in question, so the High Court Division as the last Court of fact was obliged to see whether the trial Court committed any error factually and legally in dismissing the suit, but it without directing its attention in that respect made out a th......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
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