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Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......two others. 5. Mr. Ahsanul Karim, learned advocate for the petitioner took us through the writ petition and submitted that as the petitioner on 26.12.06 purchased the jeep after the specified period of three years from the date of importation of the vehicle on 13.03.03 the petitioner incurr..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....f certificate on requisition. Rules framed under section 38 of the Act have provided the details as to how the notice under section 7 of the Act shall be served. Section 8 of the Act has clearly stipulated that from and after the service of notice of any certificate under section 7 of the Act u......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......ss, Cognizance Court No.3, Habigonj. At the time of issuance of Rule the petitioners namely 1. Abdul Alim alias Chuttu and 2. Alim Miah alias Md. Abdul Halim were enlarged on ad-interim bail for a period of three months directing to furnish bail bonds to the satisfaction of concerned authority. ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......er section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for a period of one month more. 2. Prosecution ease stated briefly, is that on 25-3-1995 at about 21-15..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......er section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for a period of one month more. 2. Prosecution ease stated briefly, is that on 25-3-1995 at about 21-15..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....s within maximum period of 30 days after submitting written statements. He further submits that in spite of the provision of sub-section (1), the Artha Rin Adalat is to dispose of the suit within the stipulated time of 90 days. The Adalat may enhance time for a maximum period of 30 days by showing a......(1), section 17, the suit has to be disposed of within 90 days, if the defendant fails to appear before the Court within 30 days despite service of summons and if the defendant appears within maximum period of 30 days after submitting written statements. He further submits that in spite of the provi..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......et us see, what is the meaning of public office. Under Black's Law Dictionary the Public Office is a position whose occupant has legal authority to exercise a government's sovereign power for a fixed period. 39. The writ petition lies against a person who claimed or usurped a public office, franÂ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......e notice under Section 106 of the Transfer of Property Act had been posted on September 14, 1986, on pre-payment with correct address. The postal peon called at the address four times within the period from September 16, 1986, to September 22, 1986, although as per his own admission in the..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......peal under section 14 of the Ain within 30 days excluding the time requisite for obtaining certified copy of the judgment. In addition, if an appeal is filed under section 410 of the Cr PC beyond the period of limitation, the accused can avail of the benefit of section 5 of the Limitation Act. But i..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......r section 164 of the CrPC and the statement recorded as a judicial confession subsequently are almost verbatim. We are perplexed by the mystery as to how and where the accused was kept in the interim period from 8-6-81, when he appears to have confessed his guilt before a Magistrate, and 7-7-81, whe..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.    ......ction 164 of the Cr. P.C. and the statement recorded as a judicial confession subsequently are almost verbatim. We are perplexed by the mystery as to how and where the accused was kept in the interim period from 8.6.81, when he appears to have confessed his guilt before a Magistrate, and 7.7.81, whe..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ...... finding that the mother petitioner can not consider the welfare of the son while she divorced the opposite party (father) and entered into second marriage in hurry before the expiry of the execution period of divorce proceeding. Even thereafter she allegedly divorced that 2nd husband and her attitu..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......he assesse within thirty days next following. But If he fails to do so that would not ipso facto entail any consequence to make his assessment set aside, cancelled or annulled for being beyond the period of said thirty days. Section 94 of course prohibits any assessment of any income after the e..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nd the said Rule being not a penal provision which is a mere reproduction of section 54 of the Code of Criminal procedure, the confinement of the detenu under the said Rule is beyond the period as stipulated in secÂtion 61 and 167 of the Code of Criminal Procedure as such the same is illegal an......detenu was in custody he was served with an order of detenÂtion issued by respondent No.2 vide DetenÂtion, Case No.105 dated 05.06.2007 under secÂtion 3(1) of the Special Powers Act, 1974 for a period of 30(thirty) days. The grounds for detention was served upon the detenu on 13.06.2007 as pe..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......on 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 senÂtencing him thereunder to suffer imprisonÂment for life and also to pay a fine of Taka 500 in default to suffer rigorous imprisonment for a period of 6(six) months more. 2. The prosecution case, in short, is that Md. Shafiqul Islam as ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......at section 47 would come into force one year after the date of commencement of the Ain, 2003 i.e. on 1-5-2004. A financial institution may, if it so desires, apply this provision within this one year period (1-5-2003 to 30-4-2004). Here in this case, admittedly, the suit was filed before the Ain, 20..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......elow failed to appreciate the legal aspect of the case with regard to section 28 of the Limitation Act which reads as follows: Extinguishment of right to property—at the determination of the period hereby limited to any person for instituting a suit for possession of any property, his righ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......se. The prayer in the application is for the issuance of a show cause notice upon the Opposite Party No.5 as to why it shall not be directed to pay the said balance decretal amount within a specified period, and why in the event of failing to do so the said amount shall not be recovered from the sal..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....stigation and speedy trial, and yet the Rules are silent as to what will happen to a person who is arrested on allegations of some form of corruption and yet investigation is not completed within the stipulated period. Can he be detained for indefinite period because of the embargo on bail under rul......his Court to grant bail in cases where First Information Report (shortly FIR) have been lodged with allegations of some form of corruption, but investigation has not been completed within the maximum period of 60 days as provided in rule 15 Ga of the Emergency Powers Rules, 2007 (shortly the Rules 2..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139