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Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

.... Attorney-General - For the State. Criminal Revision Case No. 453 of 1994. Judgment Badrul Islam Choudhury J.- Rule was issued calling upon the opposite parties i.e. the State and MA Razzak, Deputy Assistant Director, on behalf of Director General, Bangladesh Rifles, to show cause as to why......ce station who submitted charge sheet against 2 accused persons under sections 467/468/471/409/109 of the Penal Code and the case was yet to be transmitted to the trial Court (Special Judge). The CID Inspector then stated that the case was not properly investigated by the afore mentioned Investigati......scharged. Lawyers Involved: Shawkat Ali Khan with Fariduddin Reza, Fazlul Hoque Khan, Khurshid Alam Khan and Md. Asaduzzaman, Advocates - For the Petitioners Sufia Khatun, Assistant Attorney-General - For the State. Criminal Revision Case No. 453 of 1994. Judgment Badrul Islam Chou......aring for the State. 3. Mr. MA Razzak, Deputy Assistant Director, Bangladesh Rifles, Pilkhana, Dhaka on behalf of the Director General of the force sent a written FIR to Officer-in-Charge, Lalbagh Police Station on 12-12-1991 alleging, inter alia, that some employees of the office of the Director..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67

Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)

....CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Zahed Hossain Mia……………………………………………… Petitioner Vs. Deputy Commissioner...……………………………………….Respondents Judgment May......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..

Category: Property Law | Date: 25 May, 1997 | Hits: 92

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. ......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. ......ecord— For the Appellant. Sigma Huda, Advocate (appeared with leave of the Court), instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent. KS Nabi, Attorney-General, & Rafique-ul-Huq, Senior Advocate — Amicus Curiae Dr. Kamal Hossain & Dr......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. ..

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

Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)

....it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......ri-o-Shishu Nirjatan Ain, 1995. He refers to us section 17(1) of the Act to contend that no Court can take cognizance of any offence unless a report is filed by the police officer holding rank of Sub-Inspector of Police. True, but a close reading of proviso to sub-section (1) of section 17 indicates......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......ollowing Facts: Opposite Party No. 2 as informant filed a petition under section 6(1) of the Nari-O-Shishu Nirjatan (Special Provision) Ain, 1995 on 27-7-96 before the learned Magistrate, Betagi Police Station, Barguna on the accusations, inter alia, that the father of the accused-petitioner wa..

Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83

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.......cretary, Ministry of Works and others……….Respondents Judgment March 13, 1997. Lawyers Involved: Salimullah, Advocate—For the Petitioner. Md. Serajul Huq, Assistant Attorney-General—For Respondent No. 1. Writ Petition No. 786 of 1991. Judgment Md. Ruhul Amin J.......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

Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)

....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ...... Party. Criminal Miscellaneous Case No.5817 of 1996. Judgment Md. Mozammel Hoque J.- This Rule was issued calling upon the opposite party Mr. Ansaruddin, Officer-in-Charge, Mehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committ..

Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....mudul Islam with Rokanuddin Mahmud and Mobina Asaf Rahman, Nahid Mahtab & Ayesha, Advocates ‑ For the Petitioner. Akhter Imam, Advocate ‑ For the Respondent No.1 KM Saifuddin Ahmed, Deputy Attorney‑General ‑ For Respondent No.3. Writ Petition No.340 of 1989. Judgment......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ......okanuddin Mahmud and Mobina Asaf Rahman, Nahid Mahtab & Ayesha, Advocates ‑ For the Petitioner. Akhter Imam, Advocate ‑ For the Respondent No.1 KM Saifuddin Ahmed, Deputy Attorney‑General ‑ For Respondent No.3. Writ Petition No.340 of 1989. Judgment Kazi Ebadul ......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)

....sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ......by the police under section 17 of the Ain. According to this provision for taking cognisance of any offence, the precondition is that report in writing by a police officer not below the rank of sub‑Inspector of Police must be submitted before the Tribunal and the Tribunal shall not take cognisance......ken in the aid of but not derogatory to this Ain............................(10) Lawyers Involved:  ABM Nurul Islam, Advocate ‑ For the Appellant. MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.814 of 1996. Judgment Mahmudul Amin Cho......al by the said order took congnisance of the offence against this appellant and others. 2. The short fact leading to this appeal is that one Nurjahan Begum on 16‑4‑96 lodged FIR with Rajbari Police Station against this appellant and her husband and another namely, Syed Ali Sardar alleging t..

Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

....ely by the process of excavation notwithstanding any law, instrument, Judgment, decree or order of any Court. 8. Petitioner has produced before us an information slip supplied by the office of the Deputy Commissioner, Habigonj on 3‑1‑1990 (Annexure‑H). It appears from the said information s...... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ......Madrasha, 16 DLR (SC) 281; Shah Md. Elias Vs. Province of East Pakistan, 17 DLR 277. Lawyers Involved: Mahmudul Islam, Advocate ‑ For the Petitioner. Syed Mokaddas Ali Assistant Attorney‑General ‑ For the Respondents. Writ Petition No.27 of 1990. Judgment Kazi Ebadul Hoque J....... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

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

....s falsely implicated in a case alleged to have been committed on 21‑5‑82 (Annexure‑B). The FIR was lodged by one Lieutenant Colonel SM Mostafa on 12‑6‑82 alleging that Mr. Md. Halimuzzaman, Deputy Superintendent (Intelligence) along with others took a bribe of Taka 30,000.00 from one Abdul......rder or any other law on a report in writing made by a police officer not below the rank of Sub‑inspector or an Officer of the Bangladesh Bureau of Anti‑Corruption not below the rank of Assistant Inspector or Deputy Assistant Director or an officer of any of the Defence Services not below the ra......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ..

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

Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)

.... The Rule is made absolute. Lawyers Involved:              Abdur Rab‑1, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney‑General ‑ For Respondent No.1. ABM Nurul Islam, Advocate ‑ For Respondent N......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ...... absolute. Lawyers Involved:              Abdur Rab‑1, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney‑General ‑ For Respondent No.1. ABM Nurul Islam, Advocate ‑ For Respondent No. 2. Writ Peti......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..

Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32

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. ......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. ...... respondent No.3 found level of radiation in 10 samples collected from two containers above the acceptable limit and the remaining samples below such limit. 4. Petitioner submitted that as Secretary General of Bangladesh Environmental Lawyers Association (BELA) he filed the Writ Petition in public ......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. ..

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

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

.... 14. Section 7 of the Presidents Order 16 of 72 also provides for giving notice in certain cases and it is to the effect: "(1) Where an abandoned property is not in possession of any person, the Deputy Commissioner or the Sub-divisional Magistrate shall take possession of the property in such m......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. ......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. ......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

Enayet Vs. State, 1996, 25 CLC (HCD)

....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ...... 9. P.W.7 Dr. Prakash Chandra Majumder  examined victim girl Nasrin and as per his radiology certificate victim girl appears to be 16/17 years of age. 10. P.W.8 Md. Jalaluddin is Sub‑Inspector of Police. He investigated into the can and submitted the charge‑sheet. In his cross‑e......lowed. Case Referred to- Jamuna Singh Vs. State of Bihar, AIR 1967 (SC) 553. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. SA Hasan, Assistant Attorney General ‑ For the State. Criminal Appeal No.2493 of 1993. Judgment Qazi Shafiuddin......the purpose of compelling Nasrin to marry accused Shaheen against her will. Her father searched for Nasrin but could not recover her. On 15‑11‑90 he lodged a First Information Report with Uzirpur Police Station. Thereafter victim Nasrin was recovered. Police made due investigation in the case an..

Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152

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

....es Referred to- Director General Chairman Bangladesh Television Vs. Bengal 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......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. ......;………………………..Respondents Judgment April 4, 1996. Result: The Appeal is allowed. Cases Referred to- Director General Chairman Bangladesh Television Vs. Bengal Techno Consult Limited; 1988 BLD 364; 6 DLR 473; I......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. ..

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

Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)

.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......hter of the appellant) be released from jail custody forthwith and “she will be at liberty to go wherever and with whoever she likes.” 2. The appellant lodged an FIR on 8-10-1994 with Balaganj Police Station alleging, inter alia, that on 7-10-1994 at about 8-00 PM her second daughter aforesai..

Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56

Masum and others Vs. State, 1996, 25 CLC (HCD)

.... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ......ip;………………(9) Lawyers Involved: Abdul Baset Majumder with Zaman Akhter, Advocates ‑ For the Appellants. Md. Abdur Rouf, Assistant Attorney‑General - For the State. Criminal Appeal No.1700 of 1992. Judgment Mohammad Gholam Ra...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..

Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39

Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)

....gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ...... to maintain status quo until further order. Thereafter by order dated 23‑4‑94 learned Magistrate fixed 25‑5‑94 for evidence. It appears from order dated 15‑6‑94 that the OC Cantonment Police Station prayed for permission to submit prosecution report under section 188 of the Penal Co..

Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3

Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)

....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......8, 89 and 90 o 1987). Md. Khurshid Alam Khan, for Alimuzzaman Chowdhury, Advocates ‑ For the Opposite party No.1 (In Criminal Revision No. 104 of 1992). Abdus Salam Mamun, Assistant Attorney General-For the State (In all Revisions). Criminal Revision Nos. 88, 89, 90/1987 and 104/1992 ......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ..

Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99

Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)

....tes‑For 0pposite party No. 2. Md. Abdur Rouf, Assistant Attorney‑Genera -For the State. Criminal Revision No. 3017 of 1991. Judgment KM Hasan J. - The Rule was issued calling upon the Deputy Commissioner, Mymensing and the opposite party No. 2 to show cause why the judgment and order......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..

Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109