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State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......d to suffer rigorous imprisonment for 14 years. 44. The condemned prisoners/appellants are entitled to get benefit of section 35A of the Code of Criminal Procedure in the matter of computing their period of sentence. 45. Before parting with the decision, it is painful to note that how huge qua..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ...... reported in 29 DLR 9 and 59 DLR 207 submits that the defendants claimed their right, title over the suit and on the basis of SA record which appears to be prepared wrongly in their name at the early period of the than Pakistan but such record of rights does neither create nor destroy the right, tit..Category: Property Law | Date: | Hits: 100
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......ine 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 present 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: 84
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ...... good chance of his success and so no order should be passed to deprive a de facto possessor of theproperty........Simply because the propertyin suit was under the management of a receiver for a long period of time it cannot be regarded as just and convenient ground for appointment of receiver..." ..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......uilty of misconduct is obliged to consider the gravity of such misconduct and while awarding punishment like dismissal, the employer is also obliged to consider any extenuating circumstances like the period of service and previous records, etc. This obligation under sub‑section (6) of section 18 o..Category: Labour and Industrial Law | Date: | Hits: 182
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......same party for the same relief which, however, for want of jurisdiction, was unable to grant the desired relief. Furthermore, it is now well settled that the Limitation Act does not provide for any period of limitation for an application in revision. This has been clearly laid down by the Supreme ..Category: Trust/Waqf Law | Date: | Hits: 134
Category: Criminal Law | Date: | Hits: 84
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......aimed to have been paid or over‑paid through inadvertence, error or mis‑construction shall be allowed, unless such claim is made within (six months) of the date of payment." 14. The limitation period, in case of a special law, is purported to be strictly applied and it would have been the sam..Category: Administrative Law | Date: | Hits: 192
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......4/1997 affirming the Judgment and decree dated 28‑4‑1997 passed by the Family Court (Second Assistant Judge, Bogra) in Family Suit No.48 of 1997 awarding dower and maintenance to the wife for the period of iddat for a sum of Taka 24,501.00 and in addition allowing maintenance for two minor sons ..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......istration. The petitioner submitted its VAT return in the month of September, 2003 to December, 2004 by filling up the VAT identification number box as আবেদিত (Applied). 6. During this period of time respondent No.6 did not object to such submission of VAT return by the petitioner. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......ation No.26 dated 17-03-2003, under Section 19A and 19(f) of the Arms Act, convicting the convict appellant No.1 under Section 19A of the Arms Act Sentencing him to suffer Rigorous Imprisonment for a period of 10 years and convicting the convict-appellants No.2 and 3 under Section 19(f) of the A..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......lth and safety conditions in Bangladesh. 5. Petitioner No.2 monitored national news reports on workplace deaths in 2007. The summery of the reports as contained in Annexure-A shows that during the period between January and December 2007 there were 50 reports of death of construction workers. The..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......ot himself admitted in P.T.I institute, Kishoreganj for having a training in the year 2004. He completed his training on 31.12.2004 and joined his post on 1.1.2005 as Head Master. During his training period, the defendant No.10 was functioning as Head Master in charge. The plaintiff demanded all pap..Category: Civil Law | Date: | Hits: 107
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ....... Case No.161 of 2003 is hereby quashed and all further proceeding of the said Special Tribunal Case No.112 of 2004 now pending before the Court of Sessions Judge, Cox's Bazar, is hereby stayed for a period of one year from the date of receiving, by the learned Joint District Judge, 2nd Court, Cox's..Category: Criminal Law | Date: | Hits: 54
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......3 remained on bail till 27.3.2001 and thereafter he absconded till he was arrested on 12.12.2004. 7. Thereafter, being aggrieved by the aforesaid order of conviction and sentence and the statutory period for preferring appeal having elapsed the petitioner has filed the instant Miscellaneous petit..Category: Criminal Law | Date: | Hits: 90
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....er decreetal amount of Tk. 91,501/-. It is very shocking to note that the judgment debtor (husband) on the pretext of compromise took the decree holder (wife) in conjugal home and after expire of the stipulated period for filing the execution case, drove out his wife from the conjugal home, which is......ree Gredhari Jeo 27 DLR 72 held: "S.48 of the C.P. Code provides the maximum of 12 years during which a decree retains its life of excitability whereas article 182 of the Limitation Act provides a period of 3 years from the date of decree for putting the decree into execution which means if the d..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
.... particular consider the validity of the various provisions of the four impugned legislations or the Impugned Acts. 31. It is in this context that it is noted that much of what was anticipated and stipulated in the multi-dimensional, multi-layered Peace Accord has been translated into legislative......d Section 14(Kha) of Act No.11 as amends Section 32 of the Acts of 1989 by which preference given to the tribal people in employment as Class 2 and 3 employees of a District Council for an indefinite period are violative of Articles 27 and 29 of the Constitution. iv. Section 28 of the Impugned Ac..Category: Constitutional Law | Date: | Hits: 314
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......edings of the said Metropolitan Sessions Case No.2703 of 2007 and obtained the instant Rule on 06.4.2009. At the time of issuance of the Rule all further proceedings of the said case was stayed for a period, of 3 (three) months which subsequently has been extended from time to time. 6. Mr. Syed..Category: Criminal Law | Date: | Hits: 138
Category: Labour and Industrial Law | Date: | Hits: 265
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......er order or orders passed as to this Court may seem fit and proper. 2. At the time of issuance of the Rule on 26-8-2008, all further proceedings of the Special Case No.20 of 2007 were stayed for a period of 6 (six) months so far as it relates to the petitioner and the petitioner was also enlarged..Category: Criminal Law | Date: | Hits: 99