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....al Procedure is not to be given mechanically. The Court is to exercise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case. In the instant case no reason/ground has been assigned for ......conding the discretion to withdraw the case ought not to have been exercised.................(12 & 13)
Cases Referred to-
Syed Motiur Rahman Vs. State, 35 DLR (AD) 329; Baksha Mia Vs. Bangladesh, 30 DLR (AD) 228, Sekander Ali Vs. State, 31 DLR (AD) 134.
Lawyers Involved:
......
Present:
Latifur Rahman J
Bimalendu Bikash 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........................Responde......p; 13)
Cases Referred to-
Syed Motiur Rahman Vs. State, 35 DLR (AD) 329; Baksha Mia Vs. Bangladesh, 30 DLR (AD) 228, Sekander Ali Vs. State, 31 DLR (AD) 134.
Lawyers Involved:
Md. Abdul Malek, Senior Advocate (Subrata Choudhury, Advocate with him) instructed by Md. Aftab Hoss..
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)
....l is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either Board in an individual case and i......; ......t: 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……………………………………………Re......said Secretary is the “final authority”……..(8) Lawyers Involved: B Hussain, Advocate-on-Record — For the Appellant. SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No.19 of 1998. ..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....) 234. ......e Court
High Court Division
(Criminal Revisional 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 ......) (2000) 234. ......, 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)
....s for granting of anticipatory bail by the High Court Division. Before parting with the cases, I feel that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating a section in the Code of Criminal Procedure ...... Criminal Appeal No. 19 of 1998, the accused-respondent in his application under section 498 of the Code of Criminal Procedure for anticipatory bail, inter alia, stated that he is the President of Bangladesh Jatiyatabadi Juba Dal, Porsha Unit, and Vice-President of the opposition party of N......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J State………………… Appellant Vs. Abdul Wahab Shah Chowdhury……………….Respondent Judgment May 25, 1999. ......) 143; Sadiq Ali vs. State, 18 DLR (SC) 393; Muhammad Ayub vs. Mohd Yaqub, 19 DLR (SC) 38; Zahoor Ahmed vs. State, PLD 1974 Lahore 256; Shah Zillur Rahman vs State, PLD 1959 Dacca 192 = 10 DLR 541; Md. Atiqullah Khan Masud vs. State and another, 1995 BLD (AD) 14; Hedayet Ullah Khan vs. Crown, PL..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....esh Bank. Moreover, Bangladesh Bank acted arbitrarily and in a mala fide manner in compelling the respondent No.1 to keep the said decisions in abeyance when respondent No.1 acted in pursuance of the Government decision communicated vide Memo dated 4-3-1986. 3. Learned Advocate for the responde......il 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshayajibi Samabay Samity Vs. Bangladesh, 39 DLR 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ruhul Quddus, Adv......ourt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Fazlur Rahman and Co. (Pvt.) Ltd……………………….Petitioner Vs. Agrani Bank and others.................................Respondent Judgment April ......s vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350...Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....ry of the petitioner's personal effects and other articles supplied to him by different ministries and were kept in the Sena Bhaban. After examining the report of the committee it appeared to the Government that there were eight unlicensed arms and some ammunition in the list of articles prepare......al 781; Krishna Gopal vs. Emperor 92 IC 589; Farruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Hasanuddin Sarkar Vs. The State, 34 DLR 287, Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) 38, Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69, Abdul Ali Vs. The State, 30 DLR (SC) 58 and Akhlar Ra......me Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad..............Petitioner Vs. The State ............................Respondent Judgment February 26, 1991. ...... 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)
....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. ....... Superior Builders and Engineers Ltd………………........Respondents Judgment January 5, 1999. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 A writ petition cannot be founded merely on contract, but when a...... Division (Civil) 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 ...... 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,
....heard the learned Counsel for the parties, Mr. Abdul Wadud Bhuiyan, learned Acting Attorney General (as amicus curiae), two distinguished Alims and a host of interveners representing individuals, non-Government women and other legal organizations and also perused written arguments submitted by them.......t Group) For the Appellant: 1. Shamsuddin Ahmed, Advocate — For Self. 2. M G Bhuiyan, Advocate-on-Record — For Self. 3. M Nawab Ali, Advocate-on-Record — For the Bangladesh Legal Aid & Services Trust (BLAST) 4. Mvi Md Wahidullah, Advocate-on-Record&mdas......hellip;…………………………………………………………..Appellant Vs. Shamsun Nahar Begum and another…………………&hel......s Case is also Reported in: 51 DLR (AD)(1999) 172. ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
....ined that he appeared as an Advocate on behalf of the plaintiff-appellant in FA No.106 of 1987 reported in 42 DLR 43 where the Division Bench of the High Court Division allowed the appeal against the Government and others. The petitioner was subsequently not engaged for the execution case. The petit......Dar/92 (Bank) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is as follows:
The petitioner is a citizen of Bangladesh and an Advocate enrolled in the Appellate Division of the Supreme Court of Bangladesh and......sion
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Imtiazur Rahman Farooqui (Md.) (MI Farooqui)…...........……Petitioner
Vs.
Bureau of Anti-Corruption and Others………...........…Respondents
......ed in: 51 DLR (HCD) (1999) 421.
..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
....Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment
August 19, 1998.
Cases Referred To-
Faizur Rahman (Md) and others Vs. Government of Bangladesh represented by the Secretary Ministry of Education and others 2 BLC 619 (10......nd Secondary Education, Jessore and others…………Respondents
Judgment
August 19, 1998.
Cases Referred To-
Faizur Rahman (Md) and others Vs. Government of Bangladesh represented by the Secretary Ministry of Education and others 2 BLC 619 (10, 14)
Law......diction)
Present:
Mahfuzur Rahman J
MA Aziz J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others………&h......Vs. Government of Bangladesh represented by the Secretary Ministry of Education and others 2 BLC 619 (10, 14)
Lawyers Involved:
Zakir Hossain Munshi, Advocate—For the Petitioner.
Md. Nurul Islam, Advocate- For the Respondent.
Writ Petition No. 4005 of 1996.
Judgment
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......on itself. "Dowry" in section 4 has therefore to be understood in its ordinary meaning, namely, property brought by women to her husband at marriage or vice versa. It must be held, therefore, that in Bangladesh Act the legislature has taken care to see that not only the taking or giving of dowry or ...... 603. ......in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......injunction prayed by the petitioner was affirmed by this Division. Against the said decision, the defendants opposite parties preferred an appeal before the Appellate Division of the Supreme Court of Bangladesh in Civil Petition for leave to appeal No.438 of 1997. Their Lordships of the Appellate Di......: 50 DLR (HCD) (1998) 587. ......ourt clerk of the petitioner's learned Advocate. 5. Thereafter, the petitioner subsequently filed an application to adjourn the case on 26‑5‑98 and accordingly, 3 days' time was allowed by Mr. Md. Shahidul Huq, the District Judge‑in‑charge and fixed 28‑5‑98 for hearing. It appears tha..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....did not inform us that the Rule has become infructuous in view of the aforesaid order of the Bishesh Adalat. This question has been raised only yesterday when the Rule is being seriously contested by Government as well as added opposite party. 20. In view of the above let us now consider orders...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......rt High Court Division (Criminal) Present: Kazi Ebadul Hoque J Md. Abdul Quddds J Dr. Mominur Rahman alias Zinna and another………………………..Petitioners Vs. State……………………….......Opposite Party Judgment June 2, 1998. ......their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....nti‑Corruption Officer submitted his report and by the order dated 4‑6‑92 learned Senior Special Judge took cognizance of the offence as alleged and passed order for obtaining sanction from the Government as required under section 6(5) of the Criminal Law Amendment Act for prosecuting the accu......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. ......98) 575. ......al Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
.... these five years he went to the office and the officers intimated that alter Board meeting the kabala will be executed. 56. I may be mentioned here that in case of public auction either by the Government or by any autonomous body the earnest money which is submitted along with the tender is n......Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appella...... Latifur Rahman J Md. 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 ...... This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....pecial Original Jurisdiction) Present: Mainur Reza Chowdhury J Md. Hamidul Haque J Rehana Begum and another…………………………..................Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgment S......l Jurisdiction) Present: Mainur Reza Chowdhury J Md. Hamidul Haque J Rehana Begum and another…………………………..................Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgment September 4, 19......) (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J Md. Hamidul Haque J Rehana Begum and another…………………………..................Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgme...... This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
.... detenue for passing the detention order.
4. As to the first point we find that the affidavit in opposition has been sworn by one Abdul Hakim Talukder, Section Officer, Ministry of Home Affairs, Government of Bangladesh Who has stated in the affidavit in opposition that he was conversant with t......rul Haider 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:
......
High Court Division
(Special Original Jurisdiction)
Present:
Badrul Haider 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 ot......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)
.... the Collectorate of Rajshahi from 19.4.52 till his resignation on 12.12.62. He during his appointment worked as Tehsilder of Puthia 4 annas Raj Estate and after acquisition of the Estate by the then Government worked as Tehsildar under the Government till the date of his resignation. On 20-6-7......been filed by the Assistant Custodian of Vested Properties (Land and Building). The petitioner has filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh being Writ Petition No. 53 of 1976. The said Writ Petition and title suit filed by the Go......(Criminal Revisional Jurisdiction) Present: K.M Subhan J Abdul Wadud Chowdbury J Md. Khalilur Rahman………………................Petitioner Vs. The State …………………………&...... is also Reported in: 31 DLR (HCD) (1979) 50 ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Nurunnahar Begum and others………………………………Petitioners Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works, B......inal Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Nurunnahar Begum and others………………………………Petitioners Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Ramna, Dhaka and...... Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Nurunnahar Begum and others………………………………Petitioners Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of W......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. ..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
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. ......18 years, that she was in love with petitioner No. 1 Mohiuddin and voluntarily married him under a registered Kabinnama. In proof of the marriage the Nikhanama and a medical certificate issued by the Bangladesh Institute of Cardio Vascular Diseases (Suhrawardy Hospital) showing her age to be 18 year...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohiuddin (Md) and others…………………………………………………. Petitioners. Vs. Md. Motiur Rahman and another………………………………………………. Respond...... of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
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