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Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)

....nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......sses recorded under section 161 CrPC. If there is other statements of a witness like the statements recorded under section 164 CrPC that witness may be cross-examined as to his previous statements in terms of section 145 of the Evidence Act for the purpose of contradicting the witness, but that can ...... 50 DLR (HCD) (1998) 337. ..

Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161

Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)

....sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......8 DLR (AD) 167 it is held that in a case under the Criminal Law Amendment Act a Special Judge can neither take cognizance of an offence nor order for investigation without soliciting sanction in terms of sub‑section 5 of section 6 of that Act. 8. Following the decision, we find that the ......Case is also Reported in: 50 DLR (HCD) (1998) 575. ..

Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......is case is also Reported in:49 DLR (HCD) (1997) 432. ..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......nch of the High Court Division making the Rule absolute in Civil Revision No. 3934 of 1994 concerning whether the Court in England or the Court in Bangladesh has jurisdiction over an arbitration in terms of an Agreement between the appellant and the respondent, fanned its wings, thanks to the in...... Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240);..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148....... Original Jurisdiction) Present: Md. Ruhul Amin J Zakir Ahmed J Akhtar Hossain……………………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others……….Respondents Judgment March 13, 1997. Lawyers Involved: Salimulla..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

....nnot be expected for the simple reason that after termination of the said proceeding it has, in all probability, been reviewed by the concerned authority and disposed of. Moreover, while invoking the extraordinary jurisdiction of this Court the petitioner is required to be vigilant and not indolent.......se. Martial Law Order 9 did not provide for review. Provision for review was made for the first time by inserting para I(A) into Martial Law Order 9/82 by Martial Law Order No.131/86 in the following terms: “I(A) The Chief Martial Law Administrator may, on an application or suo motu, review a......ion (Special Original Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Abdul Hakim…………………………………Petitioner Vs. Government of Bangladesh and others………………………………….Respondents      &nb..

Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ...... functionaries in spite of detection of high level of radioactivity in the imported milk powder in question the same has not yet been sent back to the exporter though the exporter was bound under the terms and conditions of the letter of credit to take back the same after detection of radioactivity ...... Dr. Mohiuddin Farooque.....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Commerce, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is mad..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ......nt has cancelled the contract and decided not to go with the construction of those flyovers in the City of Dhaka. Being aggrieved by the said cancella­tion of the agreement the respondent No.1 in terms of the aforesaid agreement referred the matter of cancellation to the Additional Chief Enginee...... Techno Consult Limited; 1988 BLD 364; 6 DLR 473; ILR 13 (ALL) 300; 8 DLR 305. Lawyers Involved: Shamsul Alam, Deputy Attorney-General-For the Appel­lant. S.R. Pal with Abdul Quium and M.A. Noor-For the Respondents. First Miscellaneous Appeal No. 82 of 1993.  Judg..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......jectment of the defendants opposite parties on the ground that Sirajuddin Mollah, the predecessor of the said opposite parties, was, monthly tenant under them and he became defaulter and violated the terms of tenancy agreement. The case of the petitioners is that they purchased the suit lands along ......osts. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....sion of the High Court Division.  The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......ceiving Taka 5,000.00 out of the total consideration of Taka 6,000.00 executed a bainapatra on 4.11.1973 and delivered possession to them. Upon refusal of the defendant to execute a deed of sale in terms of the agreement, the plaintiffs brought the suit. 4. The defendant contested the s......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Julhash Mollah (Md.) and another.......................Plaintiff‑Appellants Vs. Ramani Kanta Malo an..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ......General referring to the notification issued by the Ministry of Establishment vide Memo No. SMA/Sri 3‑9/89 (Part) ‑156 dated 12.10.91 regarding the constitution of the review forum, read out the terms of reference and submitted that the appointing authority on consideration of the recommendatio......‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit..

Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1

Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)

....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......and also sent a copy thereof on 24.9.92 to the Joint Secretary of the concerned Ministry. All on a sudden he received impugned order of suspension dated 13.10.92 from respondent No.2 in the following terms: “আদেশ” যেহতু চাঁদদপুর জেলার হা...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..

Category: Election Law | Date: 19 Apr, 1994 | Hits: 133

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......ntains the provisions for amendment of pleadings as hereunder‑ "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made, as may be necessary for the purpose of ......on (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Samarendra Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Res..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

.... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ......lip the plaintiff cannot be forced to prefer an appeal or file a review petition. 29. Mr. Huq also raised a plea of limitation and he submits that the decree was, drawn up in accordance with the terms of the judgment with notice to the plaintiff and the plaintiff took the certified copy of the ......Jurisdiction) Present: Mahmudul Amin Choudhury J Mahfuzur Rahman J Industrial Development Leasing Company of Bangladesh Ltd.......Plaintiff‑Petitioner Vs. Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties Judgment February 24, 1..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)

....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......de of Criminal Procedure, in the absence of anything in the section itself to give it a restrictive meaning, may now be taken to cover the error, omission or irregularity in the widest sense of these terms provided there has been no failure of justice. A similar view has been taken in the case of Ma...... also Reported in: 46 DLR (HCD) (1994) 140. ..

Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)

....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......earned Subordinate Judge, Dhaka. BTTB appeared and contested the Miscellaneous Case contending that die case was not maintainable as the respondent company failed to prepare the experimental bills in terms of the agreement within the specified period of 2 months and the bills having not been found a......ed in: 46 DLR (HCD) (1994) 122. ..

Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ......982 at the relevant time. The provision for review was made for the first time on 7th July, 1986 in the Martial Law Order No. 131 of 1986 by inserting paragraph 1(A) of MLO 9 of 1982 in the following terms: “1A-The Chief Martial Law Administrator may, on application or suo motu, review an......tion) Present: Habihir Rahman Khan J Mohammad Fazlul Karim J SM Wadud.....................................Petitioner Vs. Principal Secretary, Presi­dent Secretariat and others...........Respondents Judgment      January 16, 1994...

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

....rged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 205       ......734 of 1992 having been moved by three sets of petitioners invoking the jurisdiction of the High Court Division under Article 102 of the Constitution. Rules Nisi of the same nature and under the same terms were issued by this Court on different dates calling upon the respondents to show cause as to ...... Md. Fazlul Karim J Sadeque Uddin Ahmed & others………………Petitioners Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others……………………………&h..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ......"We cannot see, however, that there is any such distinction to be found from the perusal of the judgment to which I have referred to. The ruling, it seems to us, lays down the law in unequivocal terms and is binding on us. We think, therefore, having regard to this decision the first point must......uddin Sarker J                        Kazi Ebadul Hoque J Meherun Hossain and others……………………Appellants Vs. N..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

....aifur Rahman, the learned Advocate for the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 191 ......the Constitution. Mr. AFM Hasan Arif submitted that Administrative Tribunal having been already set up having been vested with the jurisdiction in respect of matters relating to or arising out of the terms and conditions of persons in the service of Republic and the petitioner having held civil post......rim J Ayub Ali (Md.).......................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents Judgment November 10, 1993. Result: The R..

Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6