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Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

....he other requirements as mentioned in section 5 are fulfilled and complied. The Magistrate is further directed to explain to the petitioner that he will be bound to report to the Probation Officer as stipulated and if he fails to fulfill the conditions mentioned in this order, including the payment ......a opposed to retributive. The provision afforded by the Probation of Offenders Ordinance, 1960 ("the Ordinance") is a prime example of such a penal policy. If a sentence of probation is imposed for a period of time, then it is likely to be more of a deterrent and will have a rehabilitating effect wh..

Category: Criminal Law | Date: | Hits: 97

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......titioner pleaded guilty and the learned Additional District Magistrate found him guilty of the offence punishable under section 475 of the Penal Code and awarded sentence to suffer imprisonment for a period of 3 (three) days only and was also found guilty of the offence punishable under section 471 ..

Category: Criminal Law | Date: | Hits: 60

Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)

....o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ......nent injunction against the defendant-opposite party applicant stating, inter alia, that he was a monthly tenant under him in respect of the suit premises under a renewable agreement of tenancy for a period of 2(two) years which expired on 30-4-2003. The plaintiff-petitioner, however, is in possessi..

Category: Procedural Law | Date: | Hits: 90

Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)

....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......escence and waiver he also referred to the case of The Andhra Perfumery Works Family Concerns Vs. Karkula Suryanarayaniah and others reported in AIR 1969 Madras 126, wherein it was observed that long period of user had encouraged the user to expend monies towards the publicity of this trade mark. He..

Category: Intellectual Property Law | Date: | Hits: 386

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......ex parte judgment and decree dated 2-3-1994 from his learned Advocate only on 17-3-1994 and it is also not true that he is a pious Muslim and he confined himself in religious work during the relevant period and that only to prolong the hearing of the case, the defendant No. 1 has taken such plea to ..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......s and the Arbitration council shall take all steps necessary to bring about such reconciliation. (5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be later, ends. (6) Nothing shall..

Category: Family Law | Date: | Hits: 184

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....ct with the defendant-appellant for completion of some construction works of the defendant appellant. That a dispute arose between the parties regarding the construction of the said work. It has been stipulated in the contract that in case any dispute arises between the parties it shall be settled t......hen such an applica­tion will be governed by Article 178 of the Limitation Act. If no notice is given to the par­ties then the residuary provision of Article 181 would be attracted which provides a period of three years from the date when the right to apply accurse. The right to apply accurse to a..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)

.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......appearing on account of alluvion. By the said Act, the right, title, interest of the original tenant or his successor-in-interest would subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appeared in situ within 30 years of their loss instead o..

Category: Property Law | Date: | Hits: 99

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......Order provided the said appointees joined in the service within 21 days from the date of the Order. Clause 9 additionally provides that in the event of joining in service beyond the prescribed 21-day period, seniority would in that instance be computed from the actual date of joining in service. Thi..

Category: Employment/Service Law | Date: | Hits: 79

Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)

.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240....... apparently on 2 grounds of which the first is that the amendment as sought for, changes the nature and character of the suit and the 2nd is that the amendment as prayed for, has been made beyond the period of limitation. It appears further that the amendment has been sought for by the plaintiffs be..

Category: Procedural Law | Date: | Hits: 93

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......ition No. 5 of the auction notice, and having proceeded, without consulting the competent authority, to hold a fresh auction after about 14 months keeping the plaintiff in uncertainty for such a long period. Mr. Mainuddin further submits that such action was also violative of the principle of natura..

Category: Business or Commercial Law | Date: | Hits: 209

Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)

....ally unless heirs are substituted within time and no formal order of abatement is imperative although desirable. In the present case defendant No. 3 died after filing written statement and within the stipulated time no application was filed to substitute the heirs of defendant No. 3 by the plaintiff...... During pendency of the suit defendant No. 3 Rasullah alias Abdur Rashid, son of late Abdul Gafur died on 4-3-92 leaving behind his heirs. But the plaintiff did not take any step within the specified period of 90 days to substitute the heirs of deceased defendant No. 3 (Rasullah alias Abdur Rashid) ..

Category: Procedural Law | Date: | Hits: 106

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ...... implement the aforesaid recommendation and take necessary steps for making the allotment of 50 decimals of land in favour of the opposite party Nos. 1 and 2 as early as possible, preferably within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send do..

Category: Property Law | Date: | Hits: 66

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......hem were on 7- 8-99. Only the victim's statement was recorded on 4-5-99. We failed to understand why the investigating officer did not arrange for recording the victim's dying declaration during this period and opted to record his statement under section 161. After examination of one witness, there ..

Category: Criminal Law | Date: | Hits: 49

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....ercent of the price as down payment vide receipt Exhibit 3. Then, on 16-1-95 on behalf of defendant No. 1 an agreement for sale of said schedule-1(kha) property was executed, Exhibit-4. The agreement stipulated that rest of the money was to be deposited in three equal installments. Upon receipt of t......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..

Category: Property Law | Date: | Hits: 159

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......he publisher for the Company. The Additional District Magistrate by the said letter informed that his office had no objection if Mr. Rahat Khan discharged the functions as editor-in-charge during the period of absence of the Editor, Mr. Anwar Hossain. This letter dated 4-2-97 is impugned as Annexure..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ...... 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. 9. Section 11 further provides ..

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

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....d, as such, there was possibility of amendment of the 1 GM within 45 days. The petitioner was not authorized by law to take any step in respect of the disputed consignment before expiry of 45 days as stipulated in section 82 of the Customs Act. Admittedly, the consignment was taken out from ICD befo......signments. The goods under the above rotation arrived on 22-6-2001 and as per section 82 of the Customs Act, 1969; the goods in question were to be kept at the port area up to 45 days and within that period the petitioner had no authority to take any action in respect of the goods. Moreover, in the ..

Category: Criminal Law | Date: | Hits: 158

Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)

....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100......., stating that the opposite parties did not dispossess the petitioners from the scheduled land forcibly on 3-5-2003; that the opposite parties have been in possession of the scheduled land for a long period of time and that the opposite parties never violated the injunction nor did they make any con..

Category: Procedural Law | Date: | Hits: 77

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......o.1 of 1972 and then through acquisition of shares of the com­pany pursuant to Jute Companies (Acquisition of Shares) Ordinance No. XXXVI of 1975 and construction of the godowns made during the said period as owner thereof, and as such the High Court Division erred in directing delivery of the godo..

Category: Property Law | Date: | Hits: 128