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Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......Arms Act and to rigorous imprisonment for 7 years for the second count of offence, with both the sentences to run concurrently. Learned Tribunal further deducted from the sentence of imprisonment the period the jail appellant had been in custody in connection with the offence before conviction in te..

Category: Criminal Law | Date: | Hits: 63

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......uced that such order and/or subdivision of the holdings was acted upon by the co-sharer tenants of the holdings. Payment of rents on the basis of such mutation Khatian by the co-sharer tenants over a period of seventeen years could not be proved. 29. Last but not the least, vendor Sudhir Kumar Da..

Category: Property Law | Date: | Hits: 69

Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)

....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ...... and satisfy the demand of his beloved minor daughter. 13. Now the pertinent question that calls for our determination is, whether his daughter is entitled to get maintenance and, if so, for which period and how long she is entitled to get maintenance. 14. The basic source of Islamic Law is th..

Category: Family Law | Date: | Hits: 214

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......t with deceased Shajneen on 1-4-1998 and 2-4-1998, but she had not made any complaint to him or his wife about Hasan, nor did the two other daughters or their husbands complain about Hasan during the period from 1-4-1998 to 23-4-1998. During the party time Moslem, Hemayet, Shafiq and Yasin were serv..

Category: Criminal Law | Date: | Hits: 70

Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534....... of any misconduct in the discharge of his duties or has become unfit or physically incapable to discharge his duties, it may, by order in writing, revoke his licence, or suspend his licence for such period, not exceeding two years as may be specified in the order: Provided that no such order sh..

Category: Employment/Service Law | Date: | Hits: 81

Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)

....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......ioner by a Division Bench of this Court under writ jurisdiction in Writ Petition No. 3073 of 2006 dated 9-4-2006 for two months but the petitioner has been arrested on 14-5-2006 before expiry of that period of two months. The opposite party must explain it. On considering the above facts and circums..

Category: Criminal Law | Date: | Hits: 64

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ....... She recognised them by the light of hurricane but could not recognise the other accused that were standing outside. The accused persons took different household articles and committed dacoity for a period of 10-30 minutes. After their departure she raised alarm and neighboring people rushed to the..

Category: Criminal Law | Date: | Hits: 52

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

.... 86. On our request, Mr. Mahmudul Islam was very kind enough to address us as an Amicus Curiae on the issues. 87. He submitted that letter of credit is an absolute undertaking to pay when the stipulated documents were presented. The letter of credit is separate and distinct from the underlyi......t defendant ABBL had reasonable time to examine the documents and take decision either to accept or reject the documents. The allegations of fraud was made for the first time on 21‑7‑1993 after a period of 54 days, 47 days, 45 days, 38 days and 31 days respectively of the receipt of the document..

Category: Business or Commercial Law | Date: | Hits: 289

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......iffs in the suit land for over twelve years, the High Court Division erred in law in interfering with the finding of facts of the Court of Appeal below that the plaintiffs filed the suit with­in the period of limitation after coming to know of the wrong recording of the suit land in the record of r..

Category: Property Law | Date: | Hits: 74

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......nstant Rule is liable to be discharged. It is also stated that 3 fishing vessels were apprehended on 22-9-2000 and the tender notice was served on 31-10-2000 which was above one month and within this period nobody claimed ownership of the vessel and in the circumstances, tender was called and subseq..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Abul Khair and others Vs. State, 2006, 35 CLC (HCD)

....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ...... Pubali Bank Ltd, North Patenga Branch, Chittagong misappropriated in Total Taka 92,85,000 by misusing their official capacity and by commission of the criminal breach of trust and forgery during the period from 1-1-86 to 23-7-86 and, as such, first information report was lodged by the informant aga..

Category: Criminal Law | Date: | Hits: 53

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

.... 12. On perusal of the aforesaid permit/licence (Annexure A) it appears that the said permit/licence was granted under certain terms and conditions for a limited period of 6 months. It has also been stipulated that the petitioner is under an obligation to obtain necessary permit/licence or pass fro......েট বন বিভাগ” 12. On perusal of the aforesaid permit/licence (Annexure A) it appears that the said permit/licence was granted under certain terms and conditions for a limited period of 6 months. It has also been stipulated that the petitioner is under an obligation to obtain..

Category: Environmental Law | Date: | Hits: 551

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

....filled. The petitioners stated in the writ petitions that the National Board of Revenues on receipt of the application noted in the file on 25-9-2000 that the application was filed within 180 days as stipulated in section 46A of the Ordinance. The National Board of Revenue by order dated 17-12-2000 ......f the petitioner. It also appeared from note dated 18-12-2000 and 19-12-2000 respectively that the petitioner had satisfactorily explained the use of the machines borrowed from a sister concern for a period of one month only and therefore the petitioner was totally surprised and taken aback by the i..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......l in serious error in holding against the defendant No. 1 for his failure in not adducing evidence on 'Pattan'. Moreover, it must be remembered that long continuous possession for more than statutory period of twelve years has perfected any defect that may be found in the title of defendant No. 1 in..

Category: Property Law | Date: | Hits: 79

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....as deprived of getting the fruit of modern technology, Moreover, 20 people could be permanently employed and the academy could earn about Taka 40 lac per annum after completion of the project. It was stipulated that the petitioners would perform his part of contract within 20 days from the date of c...... submit that the petitioners were always vigilant in performing their part of the contract and that because of a situation beyond their control, they could not complete the work within the stipulated period of time. He lastly submits that despite the arbitration clause in the contract, the present w..

Category: Business or Commercial Law | Date: | Hits: 186

Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)

....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......ed this revisional application which is out of time by 285 days. 6. The plaintiff-petitioners in their application for delay stated that the plaintiff Sk. Mohammad Reazul Hassan was ill during the period of appeal and he died on 6-11-2003 at 1-00 PM from Cardio Respiratory Failure due to Diabetes..

Category: Procedural Law | Date: | Hits: 116

Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)

....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400....... between the donor and the donee found that the consideration could have been given by the donee at any time with regard to gift of the land of which he had been in possession as a 'borgader' since a period prior to the execution of the deed. The defendant No. 1 having stated that the consideration ..

Category: Property Law | Date: | Hits: 82

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......e accused a lesson that crime will not go unpunished. In my view, in the facts of the instant case, the ends of justice will be sufficiently met if the petitioner is sentenced to imprisonment for the period already undergone by him in custody in connection with this offence. 7. In the result, the..

Category: Criminal Law | Date: | Hits: 61

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......ntention, the learned Trial Judge is not justified in awarding life imprisonment in the present facts and circumstances of the case, and he submits that the sentence may, therefore, be reduced to the period which he already has served out. The learned Advocate has also prayed for giving benefit of s..

Category: Criminal Law | Date: | Hits: 93

Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)

....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343....... respondent No. 2 it was specifically stated that they had been marketing their product with the trade mark 'Crocodile lacoste' since 14-11-1983 after getting registration and after the expiry of the period of 7(seven) years their trade mark was renewed. The respondent also filed affidavits-in-suppo..

Category: Intellectual Property Law | Date: | Hits: 189