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.... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
......passed as to this Court may seem fit and proper.
......iponon Niontroner Jonno Pronito Ain 1988” (তামাকজাত বিপনন নিয়ন্ত্রনের জন্য প্রনীত আইন, ১৯৮৮) should not be enforced properly and as to why the respondents would not be directed to enact law in the light of the Ordina...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
..
Category: Health Law | Date: 7 Feb, 2000 | Hits: 500
....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......ction)
Present:
Md. Ruhul Amin J
SK Sinha J
Bangladesh Paribar Parikalpana Samity…………………………Petitioner
Vs.
Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Ku......ection 3 of the Ordinance; that certificate of Registration that has been given to the Association in the light of the judgment of the First Labour Court is very much legal, that the samity owns huge property and that maintaining a big office with staffs of different categories at different places; ......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151...
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....cation to a proceeding under the Special Act. The provisions of Chapter XXXVIII are not available to a case triable by the Special Judge under the special law, Chapter XXXVIII of the Code having been completely debarred, the provision thereof can not be pleaded by the Special Judge and the question ......Roy Choudhury J
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
Prativa Rani Dey Tirtha......................Appellant
Vs.
Dr. Mohammad Yousuf, Chittagong Medical College and Others........................Respondent
Judgment
August 10, 1999.
Result:
......the case to the Divisional Special Judge for trial. There an application was filed by the Special Public Prosecutor for withdrawal of the case as directed from the Prime Minister’s Secretariat. For proper appreciation of the petition filed by the Divisional Special Public Prosecutor the same is re...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
....uring 1990-91. The Writ petitioner’s tender being the lowest for Taka 97,67,787.00 was accepted and the said Executive Engineer issued work order on 18 March, 1991. The writ-petitioner failed to complete the work not only within the stipulated specified time but also within the several extende......Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Chairman, Bangladesh Water Development Board and another…………….. Appellants Vs. Shamsul Huq and Co. Ltd. and others……...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....e is no specific law as to detention in safe custody. Even the period is unspecified and one can be detained for an indefinite period. No one knows when it will start and when it will end. It depends completely upon the whim of the authority passing the order. Moreover, safe custody in Bangladesh ha......isional Jurisdiction)
Present:
KM Hasan J
Md. Abdul Quddus J
Rokeya Kabir…………………………..Petitioner
Vs.
Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent
Judgment
May 26, 1999.
Cases Referred To-
Gillick Vs. W......y before any Court to put a victim girl in jail in the guise of safe custody, and that such prayer is ultra vires and or such other or further order or orders passed as to this court may seem fit and proper.
2. After issuance of the Rule to support and strengthen the petitioner’s case Mrs. Arom......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......patory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or ......s his mother’s sister and the alleged victim is his cousin who is aged about 19 years and their families had discussed about their marriage. In the meanwhile due to some dispute regarding landed property, inherited from the grand-parents, between the two sisters (mothers of the respective resp......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....ound. 6. It is contended that the arms seized were in the possession and control of the petitioner in his capacity as President and hence in view of Article 52 (1) of the Constitution there is a complete bar against any criminal prosecution against the petitioner. We find no substance in this c......used In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in the FIR and the charge‑sheet. The accused's general denial that the facts disclosed in the FIR are not......trol and that several persons had in fact access to that house; that the Sena Bhaban was the official residence of the President and the arms were not owned by the Petitioner and they were Government properties being gifts from foreign heads of governments, and described as such; that under Rule 3 w...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
....ctation that he will be dealt with fairly. The petitioner could have asked the respondent to supply the water tanks and generator according to specification and could have given him an opportunity to complete the work according to specification, taking the anomaly during re examination to be correct...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Managing Director, Dhaka WASA………………… Petitioner Vs. Superior Builders and Engineers Ltd………………........Respondents Judgment January 5, 1999. R......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
.... ফেকাহর কিতাবাদিতে এর বিবরণ পাওয়া যাবে। 38. The impugned judgment is unique in the sense that it gives no reason whatsoever for completely ignoring all the lessons and learning of fourteen hundred years and undertakes to declare......p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&...... when the woman has been divorced before consummation in circumstances where no mahr has been set (i.e., in circumstances where, had the marriage been consummated, she would have been entitled to the proper mahr or the mahr of her equals). It is, however, “laudable” to give the divorced ......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......ant. AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hamidul Haque J. - This appeal is directed against the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers ......ection 26 of the Special Powers Act is not empowered to try that offence as the same offence is not included in the schedule to that Act. So, trial of the present case by the Special Tribunal was not proper. 8. The above anomalous position arose because of the fact that the offence of committin......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37...Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......ction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Imtiazur Rahman Farooqui (Md.) (MI Farooqui)…...........……Petitioner
Vs.
Bureau of Anti-Corruption and Others………...........…Respondents
Judgment
November 15, 199...... Bar in 1971 and the Supreme Court Bar in 1976 and has distinguished himself in civil and original jurisdictions and appeared in many leading cases. He is the author of a book on the law of abandoned property. He is also a regular contributor of articles on constitutional and legal matters in law jo......out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150....... affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......omplainants instituted a suit in the court of the Senior Assistant Judge, Jamalpur being Other Class Suit No. 184 of 1987, praying for declaration of title and recovery of khas possession in the suit property and eventually obtained an ex parte decree therein on 18-4-98. Thereafter, the defendant-op......relates back to the date of filing of the suit with a corresponding right to the defendants to have their say in the context of the amendments and thereby the entire proceeding is re-opened for fresh adjudication and the judgment and decree rendered nullified. Such a course is not clearly available ..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
.... for sale of the suit property and his only contention is that the contract was not final. By encashing the bank draft the defendant has accepted part payment of consideration money and it is akin to completeness and finality of the contract.” 10. The appeal was accordingly dismissed. ....... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………...........Respondents Judgment November 6, 1997. Result:......s Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2% of the offered......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
....his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......Chowdhury J
Abdul Matin Khan Chowdhury J
Miss Rowshan Ara Ahmed.................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt of the People's Republic of Bangladesh and others...................Respondent
Judgment
August 24, 1977.
Result:
The Ru......ecified in s. 3 of the Act, in relation to which only a valid order, of detention there under could be made.”
In that case their Lordships further observed:
“As to the proper connotation and the scope of the concept of public order as distinguished from the concepts o......his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....(Continuance in Force) Order could not be called in question in any Court. Chief Justice Munir at page 120 formulated the principles by which the ouster of the jurisdiction of superior Courts will be complete. It was held: "If a statute provides that an order made by an authority acting un......ed by the accused-peitioner under section 561-A of the Code of Criminal Procedure for quashing the proceeding in G.R. Case No.765 of 1976, arising out of Puthia P.S. Case No. 4 dated 5.7.76 and Puthia P.S case No. 7(2)C in G.D. Entry No. 601 dated 20.6.76. 2. The short facts necessary......- in-Charge of Puthia Police Station under G.D. Entry No. 601 dated 20.6,76 under the Martial Law Regulations 7(2) (C) on the allegation, inter alia, that the accused-petitioner occupied forcibly the properties of Puthia Raj Estate. These properties were subject of an illegal and invalid exchange wi......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ...... ......e case back on remand to the said Adalat directing the Adalat to re-hear the case and to fix a date for framing of charge/preparation of accqusation and to pass necessary order as the Adalat may find proper. 4. Mr. MA Wahhab Miah, learned Advocate for the petitioners, submits that the High Cour....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......lso Reported in: 50 DLR (HCD) (1998) 143. ......titioners namely, Md. Abdus Samad Khan, Md. Rafiquddin Mollah, Md. Mozibur Rahman and Habibullah Bhuiyan should not be quashed or such other or further orders passed as to this Court may seem fit and proper. 2. Heard Mr. Shawkat Ali Khan, the learned Advocate appearing for the petitioners and Mrs......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
.... is opposed to public policy extends the purview of public policy to an uncharted territory and we shall quote Subba Rao, J in Gherulal Parakh vs. Mahadeo Maiya, AIR 1959 (SC) 781 (795) which is a complete answer to Mr. Huq’s submission: “The doctrine of public policy may be su...... 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);......t between the appellant and the respondent, fanned its wings, thanks to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enfo...... the case of arbitration it has to be remembered that the jurisdiction of the Courts is not altogether ousted, for, the Courts merely stay their hands to allow the parties to resort to the form of adjudication to which they have previously agreed. By only staying the actions before them the Cour..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....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......No. 1.
Writ Petition No. 786 of 1991.
Judgment
Md. Ruhul Amin J.- Petitioner has obtained this Rule calling upon the respondents to show cause why they shall not be directed to exclude the property being Holding No.10-B, 11-8 Mirpur Housing Estate from the list of Abandoned Properties and......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...
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......s. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......sal) Order, 1972 (Presidents Order No.16 of 1972); Purpose of enactment The purpose of the Presidents Order No.16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by, certain persons who are not present in Bangladesh or whose whereabouts are no......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
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