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KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....ctive step for producing and examining their witnesses and this petitioner is languishing in Hazot for no fault of his own. In such a case when the prosecution failed to complete the trial within the stipulated time the court below may very well consider enlarging the petitioner on bail. Mr. Khandke......y the learned Sessions Judge. Here in the present case the case record was received by the learned Metropolitan Sessions Judge on 12‑1‑1999 and he failed to complete the trial within that period. Sub‑section (4) of this section provides that if a trial could not be concluded within..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......of 1990. 8. Then, on 27-8-90 the petitioner made an application before the executing Court for return of the trucks after adjustment of the decretal dues out of the income of the trucks from the period 12-1-85 to 25-8-90. It was claimed in the application that on the showing of the Bank, the tr..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......Child” means a person under the age of sixteen years and when used with reference to a child sent to a certified institute or approved home or committed by a Court to the custody during the whole period of his detention notwithstanding that he may have attained the age of sixteen years during th..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......he petitioner moved this Division in Criminal Petition for Leave to Appeal No. 226 of 2000 which was dismissed but the sentence of imprisonment was absolute by judgment dated 6-2-2001. reduced to the period of imprisonment already undergone maintaining the order of payment of fine of the aforesaid a..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......ds simply on the request of the accused guarantor, but it was further alleged that the delivery was made on the promise of the guarantor that he would replace the stock to be delivered within a short period. For this mistake the learned Judges failed to notice that the accused petitioners before the..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....e Rule was made absolute directing the respondents to restore vacant possession of the case house within six months from the date of receipt of the order. It has also been directed that if within the stipulated time possession is not restored the petitioners would be at liberty to come before the Hi......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......…….........(47) The Madrasha Board is directed to make a proper inquiry as to who are responsible for the alleged fake registration of the petitioners as early as possible within a period not exceeding 3(three) months, issuing proper notice to the petitioners and others concerned ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)

....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......he above case mainly on two grounds. Firstly, the case is not maintainable as it was not filed by the payee or the holder of the cheque and secondly, the cheque was not presented to the bank within a period of 6(six) months from the date on which it was drawn. 4. The learned Lawyer for the petiti..

Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......n route under compelling circumstances, such deployment may be allowed for a week, and (c) In case of breakdown of the existing vessel which is not likely to be recommissioned within a period of 7 days or where additional service is required or a new vessel with better amenities an..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....pondent No.1 accepted the letter of intent and paid the remaining amount first to be paid being 25% of the bid money i.e. the amount of Taka 3,60,02,249.75 in addition to the earnest money within the stipulated period of 30 days from the date of letter of intent. Respondent No. 1 filed an applicatio......1 accepted the letter of intent and paid the remaining amount first to be paid being 25% of the bid money i.e. the amount of Taka 3,60,02,249.75 in addition to the earnest money within the stipulated period of 30 days from the date of letter of intent. Respondent No. 1 filed an application on 20th J..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......5‑2000. Bail bond of the accused-­petitioner was accepted 3‑5‑2000 and accused-­petitioner was freed from jail custody on the said date ie 3‑5‑2000. 6. On 10‑5‑2000 after a period of only seven days of freedom of bail granted to accused-petitioner, informant presented an a..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....tion that the first instalment was required to be paid within 30 days from the date of issuance of the letter and the balance amount of the price to be paid by six monthly instalments. It was further stipulated that in case of failure to make the first instalment within the given time, the allotment......heir families in 562 Semi Pucca houses at Mirpur, who are mainly Government servants in various Ministries. After the independence of Bangladesh, some Semi-Pucca Tinshed houses were constructed for a period of 10 years by the official assistance of the Ministry of Rehabilitation in 1972. For proper ..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......s before us against the tenant-respondents. The suit was decreed by the judgment and decree dated 8-11-1995 on the finding that the tenant-defendants I habitual defaulters in the payment of rents the period from March, 1986 to August, 1986 vide rent receipt Exhibit B and during the period from ..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......, and the Arbitration Council shall take all steps necessary to bring about such reconciliation. (5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be later, ends. (6) Nothing shall..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ose of assessment of Income Tax. The assessee company obtained tax holiday bene­fit under the provisions of Section 45 of the Income Tax Ordinance, 1984 (hereinafter called "the Ordinance") for a period of 9 years commencing from 1st of October, 1983 sub­ject to the fulfillment of the terms an..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

.... tender being the lowest for Taka 97,67,787.00 was accepted and the said Executive Engineer issued work order on 18 March, 1991. The writ-petitioner failed to complete the work not only within the stipulated specified time but also within the several extended periods. The work was completed depa...... the said Executive Engineer issued work order on 18 March, 1991. The writ-petitioner failed to complete the work not only within the stipulated specified time but also within the several extended periods. The work was completed departmentally. The Executive Engineer passed the writ-petitioner..

Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......rty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time. 10. In support of her submission the learned Advocate for the petitioner further ..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......l make a short circuit of judicial administration and will help the commission of further offences in the 43. Anticipatory bail should be granted by the High Court Division for a limited period or till filing of the charge-sheet whichever is appropriate in the circumstances of the case..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

.... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......s Act, 1878; and that admittedly the arms were surrendered and /or delivered to the Deputy Commissioner of Police (North) and the Chief Metropolitan Magistrate, on 24th December, 1990 i.e. within the period of amnesty declared by the Government. 4. In discharging the rule issued in the matter t..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ......eration is whether the High Court Divisions interpretation of and decision following the aforesaid Ayat that a person after divorcing his wife is bound to maintain heron a reasonable scale beyond the period of iddat for an indefinite period, that is to say, till she loses the status of a divorcee by..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262