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Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......de as early as possible but not later than 15 days from the date of detention. 13. From Annexure‑B to the petition it appears that the grounds were supplied to the detenu within the statutory period and the detenu was informed that he may make a representation against his detention. The requ..

Category: Criminal Law | Date: | Hits: 113

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......­rector of Sadharan Bima Corporation up to 1.2.88. He was arrested from his residence at Uttara Model Town on 14.11.88. The District Magistrate, Dhaka by an order of the same date detained him for a period of 30 days from the date of service thereof purported­ly under section 3(2) of the Special P..

Category: Criminal Law | Date: | Hits: 124

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....wo) months from the date of receipt of the records of the case. Both the parties are also directed to render effective assistance to the trial Court so that it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. Thi......ling of the award." Article 178 of the Second Schedule to the Limi­tation Act is as follows:- Description of application. Period of limitation. Time from which period begins to run. 178.- Under the Arbitration Act, 1940, (X of 1940) for the f..

Category: Procedural Law | Date: | Hits: 93

Mercantile Fire and Gen­eral Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....e money against defendant Nos.1 and 2. 3. The defendant No.2 alone contested the suit stating, inter alia, that the Insurance Company is not liable to pay the amount as the terms and conditions as stipulated in the insurance policy were not ful­filled. In defense it was also asserted that the pl......ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ..

Category: Business or Commercial Law | Date: | Hits: 325

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......ditors the extension of the per­iod is necessary in order to protect the interests of the share-holders as well as the creditors and in that view of the matter it is just and equitable to extend the period for registration of the deed of mortgage with the Registrar of Joint Stock Companies and the ..

Category: Company Law | Date: | Hits: 191

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......aw the decision of the CMLA could not be implemented although there was direction in the Constitution (Seventh Amendment) Act, 1986 for executing the unimplemented part of a decision given during the period of Martial Law. It is further stated in the petition that due to the withdrawal of the Martia..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......und cut through and fractured. The brain and meninges were found injured and clotted blood found accumulated in the cranial cavity uterus contained a dead male foetus of about 28 weeks of gestational period. He opined that the death was due to shock and haemorrhage resulting from the above noted..

Category: Criminal Law | Date: | Hits: 105

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......rict Judge, 1st Court, Lakshmipur in Title Appeal No.60 of 2006 is hereby set aside. The order of stay granted earlier by this Court stands vacated. 24. Since, the matter has been dragging over a period of 10 (ten) years, the Court of appeal below is directed to hear and dispose of the appeal on..

Category: Procedural Law | Date: | Hits: 113

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

....an application by the plaintiff for exempting her from paying the cost, the learned Assistant Judge reduced the cost from Taka 1,000 to Taka 700 directing the plaintiff to deposit the cost within the stipulated time by his order dated 19‑9-­95. Thereafter, as the cost was not deposited within tim......al suit dated 23‑1‑94 was set aside in Miscellaneous Case No.1 of 1994 on 19‑9‑95 subjecting the same to the payment of costs of taka 1000 to the defendant opposite party within 45 days. This period fixed by the order could be enlarged under section 148 of the Code, which reads as follows: ..

Category: Procedural Law | Date: | Hits: 94

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......ch 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: 94

Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ...... Adalat Ain, 2003 (briefly as Ain 2003) and the impugned order No.22 dated 9-8-2006 passed by the respondent No.1, in Money Execution Case No.75 of 2004 detaining the petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should not be d..

Category: Civil Law | Date: | Hits: 140

Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not main­tainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......g the preliminary decree final, the impugned final decree and the impugned execution case on the main contention that the appli­cation for drawing the final decree was filed long after the statutory period of limitation and, as such, the impugned final decree drawn on such applica­tion was illegal..

Category: Civil Law | Date: | Hits: 134

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......­sion of his share to his brothers in presence of some respected village people on the same date and prom­ised that he would register sale deed as soon as the balance sum would be paid and from that period plaintiffs are in possession of the suit land by culti­vating the suit land; that the plaint..

Category: Property Law | Date: | Hits: 90

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ...... and 11 of the Act No.6 of 2009 that correction and revision of the electoral roll is an ongoing process to be undertaken by the Election commission in every year at a certain peri­od excluding the period during which the process of election is going on and if there be any allegation of inclusion ..

Category: Election Law | Date: | Hits: 217

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......difference between "the service of the Republic and the office of the Vice President of the Republic who holds office during the pleasure of the President, the Vice President holds office for a fixed period of time". 22. The office of the Judges have been dealt with distinctly and separately unde..

Category: Constitutional Law | Date: | Hits: 353

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......-7-47. 12. Though the cause title and the prayer have been couched in a manner to make it look like a declaratory suit, it is in fact a suit for cancellation of a registered deed and, as such, the period of limitation is (three) 3 years under Article 91 of the Limitation Act from the date of know..

Category: Procedural Law | Date: | Hits: 103

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....his has been done purposely so that the information relating to the existence of the kabalas may not be leaked out. 16. Now the question is whether the miscellaneous case has been filed within the stipulated time as provided under section 24 of the Non-Agricultural Tenancy Act. It provides that s......uch portion or share for pre-emption. He submits that here in the present case the miscellaneous case does not come within these two categories. It is submitted that the case was filed long after the period of limitation. 14. It is the definite case of the petitioner-respondent that he was born o..

Category: Property Law | Date: | Hits: 113

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......tment of Government Pleader is made from the lawyers concerned. Clause 8(8) of the aforesaid Manual shows that they are appointed by the Government for three years until it is renewed for any further period. Sub-clause (II) shows that the Government Pleader shall retire at the age of 60 unless on co..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....e amended, altered and repealed by the authority. It means, the Parliament is the actual authority for repealing a law. Now here in the 4 Schedule or in any other provision of the Constitution it was stipulated that the laws which were Continued and saved under paragraphs 3A and 18 of the 4th Schedu...... done in between 15th August, 1975 and 9th April, 1979, were protected under paragraphs 3A and 18 of the 4th Schedule of the Constitution. As such, anything done by the Government in between the said period cannot be called in question in any manner whatsoever. Mr. Korban Ali further submits that Ma..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......bandha, should not be quashed or any other passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceeding of the above mentioned case was also stayed for a period of 6 (six) months which has been further extended from time to time. 3. The relevant facts..

Category: Criminal Law | Date: | Hits: 101