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Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....squo;s right to file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But under the Ain an accused after conv...... 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. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....XXIX of 1974), section 66 The Code of Criminal Procedure, 1898 (Act No. V of 1898), sections 164, 342 The Constitution of Bangladesh, 1972, article 35 (4) The age of the accused at the time of the occurrence and at the time of the alleged confessional statement should be kept in mind.......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. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
..... The facts of the case, in brief, are that on 1st Falgun, 1387 B.S. corresponding to 13.2.81 deceased Meher Ali went to Bogra in connection with a case there and returned to Joypurhat and since that time there has been no trace of him. Subsequently, on 19.2.81 his dead body was recovered from a wel......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. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
.... for in revision under Section 115 of the Code of Civil Procedure. In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a c......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....t served a legal notice. The complainant for his safety, instituted Petition Case No.116 of 2004 which case was enquired and the officer-in-charge reported finding truth of the complaint case. At the time of enquiry, accused petitioner showed a false divorce letter,G.D. Entry No.75 on 02.03.2004 was......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11...Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... net sales. 14. The assessee claimed such rebate at the rate of 15 per cent of the construction-cost for personal supervision on the basis of PWD rate for both the assessment years for the first time before the Commissioner (appeals), which the assessee does not appear to have claimed before th...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
.... suit plot No.178. It appears that no objection with regard to identity of the suit land was taken in their pleadings or in their evidence and accordingly this issue cannot be raised for the first time before the revisional court. The decision relied upon by the learned Advocate Mr. Nondy for th......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....oresaid judgment and order passed by the learned Additional Sessions Judge, 2nd Court, Kishoregonj, the accused appellant Farid Miah filed the present appeal before this court. 12. At the time of hearing of appeal Mr. Dewan Abdun Naser, the learned Advocate of the appellant, has placed ......t Md. Farid Miah 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) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
....certain invitees attending at the EGM of 9.8.2007. The Attendance Register has been produced in its original before this Court by the learned Advocate for the Petitioner Mr. Md. Al-Amin Sarkar at the time of hearing of this Matter for due reference, that upon viewing by this Court has been duly retu...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....d coming back and told the opposite party that she wants separation from this opposite party. Subsequently, he tried his best on several occasions to bring her back but the petitioner refused all the times. While the position was such the opposite party on 19.10.2001 received a divorce notice from t......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. ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....ved upon her full sister, thereafter Sakhina died leaving her daughter, plaintiff No. 2 and thereafter Ziaullah died leaving one son Hyasuddin and one daughter Menerunnessa. Elimuddin during his life time settled 66 decimals of land from plot Nos. 1 and 2 of Ka schedule and Kha schedule properties b......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....d the plaintiffs to produce the original documents on 7-10-1997 as well as for filing written statement by the defendants. But the plaintiffs did not comply with the said direction of the Court. Then time was allowed by the Subordinate Judge suo moto to the plaintiffs on 7-10-1997 vide order No. 10 ......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....s also inspected by a tax inspector who submitted his report on 16-5-99. Then, on 27-5-99 when the case was fixed for hearing, the assessed appeared on 24-5-99 and made an application for 15 days' time. The case was again fixed for hearing on 7-6-99 when the assessed along with his authorized re......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. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....30(thirty) days. The grounds for detention was served upon the detenu on 13.06.2007 as per section 8 of the Special Powers Act, 1974. Subsequently the initial period of detention was extended from time to time by the Government exercising the power conferred under section 3(1) of the said Act an......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....d Mostafa and Abdul Aziz went to the house of the informant when other inmates of the house were absent except the informant's wife and his wife asked the accused persons to sit and they sat for some time there; that then accused Aziz advised Shaneka Begum to give response to the proposal of accus......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. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....eeding under Article 102 it is not possible to decide such disputed question of facts. 15. Consequently, the rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
.... applicable to the suit and thus, the impugned order dated 4-10-2004 passed by the Adalat was in accordance with law. (2) The provisions of section 47 of the Ain, 2003 were not applicable at the time of institution of the suit. So, the said provision has no manner of application during pendency......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. ..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)
....laintiffs who by inheritance became the owner and possessed the entire suit land for more than 12 years uninterruptedly and have been paying rent to the Government and that on 17-8-85 for the first time they came to know from the local Tahsilder that the suit properties have been treated as vest...... 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. ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....C 1230 at 1233 are, i. the lineal male descendents of a person up to the third generation, acquire on birth ownership in the ancestral properties of such person; ii. such descendents can at any time work out their rights by asking for partition; iii. till partition each member has got owner......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
....n the occurrence took place. It is all the more difficult for the prosecution to press section 106 into service when the petitioner was also prosecuted for the murder of his baby daughter at the same time………………………………...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10