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Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ...... been finally disposed off within 90 days time as per provision of section 37(1) of the Ain, 2003 and there being no order recording the causes of the delay and enhancing the time limit for a further period of 60 (Sixty) days as required under the provision of section 37(1) of the Ain, 2003, the exe..

Category: Civil Law | Date: | Hits: 136

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......e which may extend to (thrice) the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whiche..

Category: Criminal Law | Date: | Hits: 70

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......e in these applications filed by the applicants. Accordingly, all the applications are rejected on merit. 48. The respondents are directed not to demolish any structures of the applicants for a period of l(one) month so that the applicants-may move the Appellate Division in the meantime, if so..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......from twenty five years to ten years. The sentence awarded against the convict-petitioner under Section 19(f) of the Arms Act is maintained. Both the sentences shall run concurrently. 10. The total period of custody of the convict-petitioner prior to his conviction in connection with this case sha..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......on 167 of the Code he was produced before the nearest Magistrate after 3 days of his arrest. So confession of such an accused who was detained illegally in the custody of police beyond the prescribed period of time cannot be con­sidered as legal and fair. In support of his contention he referred th..

Category: Criminal Law | Date: | Hits: 158

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... on a case of adverse possession, Appellate Division held that the plaintiffs' claim is against the real owner on the basis of bainapatra and they were possessing the land for more than the statutory period adversely against him and have perfected their title by such possession against him and not a..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

.... Procedure under which an application for revival of the case can be permitted to be filed. There is no power available to the High Court Division even to direct fresh or further trial if the time as stipulated under section 339C Cr.P.C. runs out. ……………………………(5) Some provisi...... the accused under section 339C(4)Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipulated period of 120 days plus 30 days and a total of 166 working days had already passed and accordingly o..

Category: Procedural Law | Date: | Hits: 102

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......it Petition No.4380/2000 was appointed as such for Block B countries. The petitioners, according to the contract entered into on the said dates, undertook to carry out the works as PSI agencies for a period of three years. The petitioners under the arrangement with the Government have been satisfact..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ...... witness The learned Judge should inform the higher authority of the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for execution by the Police so long……..

Category: Criminal Law | Date: | Hits: 92

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......on of limitation will run from the date of knowledge and not from the date of execution of the disputed document. In the present case it appears that the plaintiff filed the suit within the statutory period of limitation, which in the present case will run from the date of knowledge and not from the..

Category: Administrative Law | Date: | Hits: 452

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......n under section 9 (Ga) of the Ain, sentencing him there under to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Taka 20,000 in default to suffer rigorous imprisonment for a period of 2(two) years more. 2. Prosecution case, stated briefly, is that on 13-10-1999, one Raih..

Category: Criminal Law | Date: | Hits: 74

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ......the petitioner intimating the fact that no licence was given to respondent No.5 and that respondent No.5 was given the permission to function and/or to engage activities as a trade organization for a period of 2 years. 8. Challenging the permission accorded to respondent No.4 by memo dated 6.1.20..

Category: Others | Date: | Hits: 107

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......ld not complete the work on the schedule due to the devastating cyclone of 29‑4‑91, which practically damaged everything done on the project. He went on to state that they waited for quite a long period for getting necessary instructions from the Board in the context of the changing circumstance..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......Mr. Paul traced the background of the promulgation of Muslim Family Laws Ordinance. It is submitted that the personal Laws of the Muslims have been interfered with from time to time since the British period when difficulties arose. He noted that Waqf Validation Act, Dissolution of Muslim Marriages A..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......aration of victim of crime Ajoy and the petition was seized and he was a witness in seizure of the petition. 21. P.W.8 A.K.M. Shahidur Rahman was Magistrate, Second Class, Dinajpur at the relevant period. He recorded the Dying Declaration of Ajoy. He proved Dying Declaration and his signature the..

Category: Criminal Law | Date: | Hits: 98

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ...... when the raw materials had arrived the petitioner also failed to release the imported raw materials. So, at the request of the petitioner, the Bank by creating AAM facilities released the goods. The period of repayment of loan expired on 31-12- 1987 but the petitioner did not adjust the same. There..

Category: Constitutional Law | Date: | Hits: 334

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

.... months and the appeal was disposed of without any hearing nor any reason has been given for such rejection in violation of the provision of the ordinance/rules which requires the compliance with the stipulated requirements and principles of natural justice. He submits that the impugned order has be......1‑92 under Article 52 of the University of Dhaka in Dhaka University Order with a prayer to set aside the impugned order, the memo of appeal is annexed hereto as annexure‑I. It is stated that the period of nearly 11/2 years have elapsed since the submission of the appeal before the Chancellor, U..

Category: Constitutional Law | Date: | Hits: 300

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......42 of 2010 in this Court challenging the order of appointments of the petitioners. In that Writ petition rule was issued on 22-8-2010 and stay of operation of the order of appointment was given for a period of 3(three) months. Subsequently, the same was extended. The Enquiry Committee submitted its ..

Category: Employment/Service Law | Date: | Hits: 148

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......f the Hindu community appears to have no excess and thus, the worshippers are depriving in giving Sheba-Puja. 20. It has been abundantly clear that Brajangana had been acted as Shebait for certain period and being in such position, she could appoint her successor but she did not appoint her succe..

Category: Property Law | Date: | Hits: 102

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

....ntiff thereupon filed Money Suit No. 10 of 1968 as the limitation of the promissory note was expiring but the suit was dismissed on technical ground. As the sale deed could not be executed within the stipulated time of 5 months, Samir Kumar Chowdhury executed a memorandum on 30th July, 1966 to the e......was dismissed on technical ground. As the sale deed could not be executed within the stipulated time of 5 months, Samir Kumar Chowdhury executed a memorandum on 30th July, 1966 to the effect that the period of 5 months as disclosed in the deed of contract would start from the date of disposal of the..

Category: Civil Law | Date: | Hits: 138