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Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)

....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ...... on 30.3.88 in Drug Case No.3 of 1987 convicting the appellants under section 16 of the Drugs (Control) Ordinance, 1982 and sentencing each of them there under to suffer rigorous impri­sonment for a period of 3 years and a fine of Tk. 50,000/- each with a default order. 2. Facts leading to this,..

Category: Criminal Law | Date: | Hits: 83

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ...... embankments. A common symptom of drainage problem is public cut and these are often so serious that they compromise scheme viability. In this context, it should not be lost sight of that most of the period, since the later mart of the year 1958, except for a short interregnum from the year 1972-75,..

Category: Environmental Law | Date: | Hits: 1051

Standard Manufacturing Company Ltd. Vs. Government of the People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....bjection as to the maintainability of the writ petition was negatived on the ground that alternative remedy provided under section 194 of the Customs Act was not equally efficacious remedy because it stipulated deposit of 50% of the amount of penalty or the duty demanded. 6. In the case of Nation......the above facts and circumstance we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 79. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......gistrar if after scrutiny of his qualification certificates and records, the Advisory Committee finds that he fulfils the requisite qualification specified under rule 6 and his performance during the period of holding temporary licence is satisfactory.” 24. In view of the power of the Governmen..

Category: Civil Law | Date: | Hits: 90

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......he Court has power in appropriate cases to allow such prayer but the prayer must be accompanied by a prayer for condonation of delay explaining the cause of delay in filing the application beyond the period of limitation but in the instant case no such application under section 5 of the Limitation A..

Category: Procedural Law | Date: | Hits: 70

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......possessed by once Nur Mohammad Sarder as lessee under the Housing and Settlement Department, the Ministry of Housing and Public Works by a registered lease deed dated 31.3.62 (Annexure‑A‑1) for a period of 99 years. He created a two storied building thereon after getting its plan approved. Subse..

Category: Limitation Law | Date: | Hits: 175

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......ely, Nuru and Mozaffar under sections 302/34 of the Penal Code sentencing them thereunder to suffer imprisonment for life and also to pay a fine of Taka 3,000.00 in default to suffer RI for a further period of 6 months. 2. Prosecution case, in short, is that P.W.1 ASI of police Abdul Halim Mia wa..

Category: Criminal Law | Date: | Hits: 56

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......No.1 was directed to submit statements of assets acquired and liability incurred in his name or in the names of his wife and other dependents on him without mentioning any fiscal year or years or any period of time. Accordingly, the statement of assets marked as Exhibit-5/1 submitted by a forwarding..

Category: Criminal Law | Date: | Hits: 108

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

.... the event of rejection of any claim, the matter might be referred to Arbitration. Respondent 1, in terms of termination agreement, submitted its claim on 28-4-74 but nothing was done within the time stipulated. However, on 17-6-76 Appellants admitted a small part of the claim of Tk. 4,051,146/11, a......yond reach of the arbitration clause. Applying the test as mentioned in the above noted decision it is found that the arbitration clause does not include the dispute which arose beyond the stipulated period mentioned in clause 3 of the termination agreement. The language of arbitration clause includ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......, the learned District Magistrate, Lalmonirhat by his Memo No.33 (Confidential Cell) dated 20.4.87 un­der Section 3(2) of the Special Powers Act directed that the detenu be detained in custody for a period of 30 days on the ground that it was necessary to detain him with a view to preventing him fr..

Category: Criminal Law | Date: | Hits: 66

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......o. 323 of 1970 in the 1st Court of Sadar Munsif, Sylhet in representative form "for de­claring customary right of user of the suit water res­ervoir by easement by long user and by long grants for a period beyond statutory period of limitation and for permanent injunction restraining the defendants..

Category: Property Law | Date: | Hits: 58

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......and including the huts. Defen­dant reconstructed one of the two thatched hut by placing C.I. Sheets and paid rent for the holding up to 1366 B.S. and got rent receipts. He sent the reve­nue for the period of 1367-1370 B.S. by Money Or­der No.7063 dated 21.12.63, but it was not accept­ed. So it c..

Category: Property Law | Date: | Hits: 66

Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)

..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......ainst the complainant peti­tioner as quoted in this judgment is expunged. The opposite parties are directed to execute a bound of Tk. 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Repo..

Category: Criminal Law | Date: | Hits: 70

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......of the society and a new Managing Committee shall not be appointed and as to why the petitioner shall not be disqualified to be a member of the samity or any other co­operative society for a maximum period of 5 years. The said show cause notice (Annexure E) contained 18 allegations and was said to ..

Category: Civil Law | Date: | Hits: 87

AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)

....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ...... this point he placed reliance on the decision reported in 17 DLR 424 and 20 DLR (SC) 211. He submitted that the amendment which did not change the character of the case can be al1owed even after the period of limitation prescribed by law. Those decisions however are not applicable in this case as n..

Category: Election Law | Date: | Hits: 163

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

....tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ......has been created by Section 7 of the Ordinance as fol­lows:- "(1) Any person claiming any right or inter­est in any building which is included in any list published under section 5 may, within a period of one hundred and eight days from the date of publication of the list in the official Gazett..

Category: Property Law | Date: | Hits: 171

Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

.... the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consideration of Tk. 5,40,000/- by an agreement dated 27.1.79. The defendant failed......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..

Category: Property Law | Date: | Hits: 58

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......f has already been evicted from Buffet car, Restaurant Car, Confectionery stall and Refreshment Room at Dhaka Station on 2.1.91 and defendant No.11 having been given a licence by Railway for the rest period from 2.1.91 and defendant No.11 having been placed in possession of those stalls and Buffet c..

Category: Civil Law | Date: | Hits: 72

Kabir and others Vs. State, 1991, 20 CLC (HCD)

.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a further period of 6 months each. 2. The prosecution case, in short, was that dacoity was committed in the..

Category: Criminal Law | Date: | Hits: 76

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ......erved on the detenu within the prescribed time, a question arises whether this Court should pronounce its deci­sion or has to wait till the Advisory Board reports its opinion to the Govt. within the period provided in section 11(1) of the Special Powers Act. Detenu's cause of action arises as soon ..

Category: Criminal Law | Date: | Hits: 108