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Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......d 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the plaintiffs. (ii) To pass necessary order or orders directing the defendants as per report of defendant No. 2 Chief Engineer, Housing an...... guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......ional Jurisdiction) Present: Gour Gopal Saha J SK Sinha J Government of Bangladesh……………………Defendant– Appellant-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………...Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
....aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ......ent. Nos. 1‑27. Not represented‑Respondent Nos. 28‑40. Civil Appeal No. 91 of 1999. (From the order dated 23‑5‑1999 passed by the High Court Division in Civil Revision No. 176 of 199......5 DLR (AD) (2003) 60. ......x's Bazar praying for declaration of title and partition in respect of the suit land comprising an area of 2 acres impleading the predecessor of the present appellants and other defendant‑petitioners and proforma defendant respondents. The predecessor of appellant 1(a) to 1 (c), 2(1) to 2..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ...... 2. The defendants obtained Rule from the High Court Division in Civil Revision No. 1200 of 1996 upon a revisional application under section 25 of the Small Cause Courts Act. By the judgment and order dated 13-8-1998 a learned Single Judge of High Court Division made the Rule absolute holding, ......ar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......te for the appellants. We have quoted portion of the deposition of DW 1 wherein he admitted that he sent rent by post for the month of August, 1991 in the name of the original landlord and the money order was returned on 11-9-91 with the endorsement that the landlord had died and that thereaft..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......nior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record——For the Respondent Civil Petition for Leave to Appeal No. 1045 of 1999. (From the Judgment and order dated 13-5-1999 passed by the High Court Division, Dhaka in Writ Petition No. 3485 of 1996). ...... Latifur Rahman CJ M Amin Chowdhury J &......sp; Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md. Shahidullah…………...................................Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......Party Nos. 1-2. Civil Revision No.1906 of 1998. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 shou......s. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain Vs. Mostafa Hossain, 40 DLR (AD) 20, Mahmud Ibne Abbas Vs. Begum Momtaz Hossain, 45 DLR 421, Nur ......1) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Azibor Mollick Vs. State, 2000, 29 CLC (HCD)
....ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......ral—For the State. Criminal Miscellaneous Case No. 601 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 29-9-98 passed by the নারী ও শিশু নির্যাতন দমন ......er Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......preme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Hoque Chowdhury J Azibor Mollick…………......Petitioner Vs. State………………............Opposite Party Judgment August 9, 2..Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......atoon under section 10(1) of the Nari-o-Shisu Nirjatan (Bishes Bidhan) Act, 1995 (Act No. XVIII of 1995) hereinafter referred to as the Act, and thereupon sentencing them to death by the judgment and order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter ...... condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ...... J ABM Khairul Haque J State …………………………………………………………Appellant Vs. Babul Hossain…………………………………..………Condemned Prisoner Judgment May 4, 2000. Cases Referred To- Rahmat Box Vs. State 22 DLR 482; Nurjahan..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
.... 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.
......ly and as to why the respondents would not be directed to enact law 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.
......e 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.
......proper.
..
Category: Health Law | Date: 7 Feb, 2000 | Hits: 500
.... General-For the Respondent.
Ms. Tania Amir, Advocate- Amicus Curiae.
Writ Petition No. 5897 of 2000
Judgment
Mohammad Gholam Rabbani J.- The instant suo motu Rule has arisen upon a news published in the daily Banglabazar Patrika on 02.12.2000 which briefly is this. Sahida, wife of Saif......st be directed to discuss the Ordinance in their Friday sermons. As a long measure, we recommend an unified education system and an enactment to control the freedom of religion subject to law, public order and morality within the scope of article 41(1) of the Constitution. The State must define and ......tries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......preme Court
High Court Division
(Special Original Jurisdiction)
Present:
Mohammad Gholam Rabbani J
Nazmun Ara Sultana J
Editor, The daily Banglabazar Patrika and two others.…Petitioners
Vs.
District Magistrate and Deputy Commissioner, Nagaon ……….…Respondent
Judgm..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......pplicant for our opinion in Reference Application No.14/93:- "Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is justified in law in maintaining the order of the Appellate Joint Commissioner of Taxes and the Deputy Commissioner of Taxes" on ot......lso Reported in: 26 BLD (HCD) (2007) 57. ......ent: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Sunderban Taxtils Mills………………………………………………………..Applicant Vs. The Commissioner of Taxes………………………………………………..Respondent Judgment ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......of the Code of Criminal Procedure and forwarded his petition of complaint to the concerned police station for investigation. The officer-in-charge Panchagarh, police station, in due compliance of the order of the learned Magistrate submitted his investigation report on 4-7-1994 (Annexure-B to the pe......ably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Hoque J ABM Khairul Haque J Golam Rahman (Md.) ……….Accused-Petitioner Vs. Md. Bazlur Rahman (Babu) and one other……….Opposite Parties. ..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
....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.......This Rule has been obtained upon an application under Article 102(2)(a)(ii) of the Constitution of the Peoples Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order dated 3-4-1983 (Annexure C) passed by the respondent No.3 Chairman, First Labour Court, Dhaka ...... 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.......151...
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....g of charge. Cognizance was taken under the aforesaid sections of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. The accused persons were absconding and notices were published in the daily news papers but they remained fugitives. It appears that before start of the ......y Md. Aftab Hossain, Advocate-on-Record—For the Appellant.
Shamsul Haque Siddique, Advocate-on-Record—For the Respondents.
Criminal Appeal No. 29 of 1996.
(From the judgment and order dated 5-8-1996 passed by the High Court Division in Criminal Revision No.548 of 1996).
......cial 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. ............Respondent
Judgment
August 10, 1999.
Result:
Appeal is allowed.
The Code of Criminal Procedure, 1898 (V of 1898), Section 494
It is well settled that consent mentioned in section 494 of the Code of Criminal Procedure is not to be given mechanically. The Court is ..
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)
....the date of receipt of the copy of the impugned judgment. 2. Shortly stated the facts of the case are that, the Executive Engineer, Khulna Division-II of Bangladesh Water Development Board published a notification in the newspaper on 15-1-91 inviting tender from contractors for construct......ndividual case and in a particular contractual matter between a Board and a contractor. The High Court Division was absolutely wrong in law in holding that appellant No. 1 was bound to obey the order of the Secretary of the concerned Ministry in this particular matter in view of the fact t...... ......gment and order of a Division Bench of the High Court Division dated 19 August, 1997 making the Rule Nisi absolute and directing appellant No. 1 to pay a sum of Taka 24,90,724.25 to the writ petitioner, respondent No.1 herein, within 60 days from the date of receipt of the copy of the impugned j..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......l Appeal No.822 of 1999. Judgment Mohmmad Abdul Karim J.- Criminal Appeal No. 645 of 1999 at the instance of appellants (1) Parveen and (2) Astima Khatoon alias Minu is directed against the order dated 13-4-99 passed by the learned Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Dhak......cords of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......fore a Magistrate and on perusal of these papers and the post-mortem report, a charge-sheet under sections 6(1), (2)/14 of the Act was submitted on the first information report dated 4-9-98 lodged by one Assistant Superintendent of Police (CID) and this case is now pending for trial before the Nari-..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
.... matured person embraced Islam on her own will and took the name, Mosammet Ayesha Akther, by swearing an affidavit before a Notary Public at Dhaka on 1-3-1998. A public notice in this regard was also published in the Daily Inqilab on 10-3-1998 (Annexures A and A1). On 2-3-98 both the victim girl and......ing any Investigation Officer, or any other person to pray 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......Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......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. ......5, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory 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 an......ditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......al: 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 has been launched against him is bein..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......ndent No.1. Thus action of the Bangladesh Bank are neither arbitrary nor malafide. In that view of the matter we find no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 5......charged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350....... High Court 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 ..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
.... 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. ......petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Whether a criminal proceeding can be quashed on the ground of lodging of F.I.R. by the informant under order of the Home Ministry or on the denial of prosecution allegations by the accused In a sum......e 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
Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
....he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......998.) Sharifuddin Chaklader, Advocate-on-Record—For the Respondents (In Civil Review Petition No.26 of 1998.) Civil Review Petition Nos.25 and 26 of 1998. (From the judgment and order dated 15-3-1998 passed by this Court in Civil Petition for leave to Appeal Nos.57 and 58 of 19...... Shahidullah and others......Respondents Judgment February 4, 1999. Result: The review petitions are dismissed. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. None represented&mda......Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J AM Mahmudur Rahman J Lutful Karim and others..................................Petitioners Vs. Shahidullah and others......Respondents Judgment February 4, 1999. &n..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
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