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State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....t the case is false or that the case has been instituted out of political rivalry or the omnibus allegation that the Magistrates are being controlled by the ruling party and the petitioner being a member of the opposition party has apprehension that his prayer for bail will not be justly and jud......dy, or under any other form of restraint, or against whom no warrant of arrest has been issued; This view, however, in the subsequent case of Sadiq Au has been extended by the then Supreme Court of Pakistan to include a case for the grant of bail to a person whose arrest on a criminal charge by p......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

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ts Secretary General, Sigma Huda, Advocate. d) Association of Development Agencies in Bangladesh (ADAB) represented by its Director, Shamsul Huda. e) Sammilito Nari Samaj represented by its member Sultana Aktar Ruby, Advocate. f) Ms Rashida Begum, Traine, Nijera Kori. Civil Appea......umstances of the case are such that the granting of such relief would result in serious prejudice to the interested party and deprive him of the valuable rights under the statute”. 63. The Pakistan Supreme Court has gone further and refused a decree to the plaintiff of some additional amo......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

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....tor of articles on constitutional and legal matters in law journals, weeklies and newspapers. The petitioner has upheld at all times the dignity and high standing of the legal profession as well as a member thereof. The petitioner was surprised and shocked when the respondent No.3 served a Memo No.7......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. ......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

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

.... is a recognised Non-Government Secondary School under the Board of Intermediate and Secondary Education, Jessore; that the School is managed and administered by a managing committee consisting of 10 members of whom 4 (four) are i.e. elected by the Guardians, 2 (two) by the teaching staff, 1 (one by...... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ...... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)

....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ..

Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151

Miss Rowshan Ara Ahmed Vs. Secretary, Ministry of Home Affairs, Govt of Bangladesh, 1977, 6 CLC (HCD)

....i-corruption. Bangladesh has recommended his release on 14-5-77 in spite of that he has not been released. It is stated that he was a Freedom Fighter, Member of Bangladesh Awami Juba League and was a member of its Central Committee and Joint Secretary, BAKSAL, Rajshahi District Organization in 1975.......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       ......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)

....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 ...... August 12, 1977. Result: The rule is made. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shah Alam Vs State, 28 DLR 448; Zaforul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Solicitor Vs. A.T. Mridha, 26 DLR (SC) 17; S.R. Kapur Vs. State. ATR......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

Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)

....te decree passed on 28‑9‑89. 6. It was alleged in the application under Order 9, rule 13, CPC that at about the relevant time the defendant‑petitioner had been ailing and there was no male member in the family to look after the case as a result of which the suit was decreed ex parte on 28......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..

Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126

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

....s which come within the exceptions to section 28 of the Contract Act and, therefore, should be dealt with in the same manner as other arbitration clauses. In the case of arbitration it has to be remembered that the jurisdiction of the Courts is not altogether ousted, for, the Courts merely stay ......at any dispute arising thereunder shall be “governed by a foreign law and any such dispute shall be “decided by” a foreign court could lawfully oust the jurisdiction of the Courts in the then Pakistan Upon a masterly analysis of all available case-laws of the period Hamoodur Rahman, CJ in a......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

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.......m fit and proper. 2. Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then Government of East Pakistan by registered deed dated 28-1-1963; that said Abdul Hamid transferred the said property to ......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

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

.... 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. ......, represented by the Secretary, Ministry of Land and others................. Respondents Judgment August 5, 1996. Result: The Rule is discharged. Cases Referred to- Province of East Pakistan Vs. Md. Shamsuddin, 25 DLR 248; East Pakistan Vs. Muktagacha Abbasia Senior Madrasha, 16 DL...... 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

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. ...... 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

Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)

....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..

Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131

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

....ciation of numerous individuals. Such entity subsists as a body politic under a special denomination, which is regarded in law as having a personality and existence distinct from that of its, several members, and which is, by the same authority, vested with the capacity of continuous succession, irr......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. ..

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

Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)

....sa earth filling project, Debidwar senior Madrassa tank excavation and re‑excavation project and Islamic Mission of Islamic Foundation Compound Development Project. Petitioner No.3 Abul Khair was a member of the above mentioned four projects. One Abdur Rahman, member of Balithuba Union Parishad, w......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ..

Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187

MA Malik Vs. State, 1994, 23 CLC (HCD)

....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..

Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97

Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......of Working Muslim Mission & Literary Trust, Lahore and the Civil & Military Gazette Ltd. Lahore Vs. Crown reported in 8 DLR (FC), 110. We have gone through the aforesaid decisions of the West Pakistan High, Court as well as the Federal Court. We find some fundamental difference between the f......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..

Category: Others | Date: 16 Aug, 1994 | Hits: 134

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......Council under section 7 of the Muslim Family Laws Ordinance cannot render the divorce ineffective if the conduct of the husband appears to be so. This view of ours finds support from the authority of Pakistan jurisdiction and in this connection reference may be made to the case of Ganhar Vs. Mrs. Gh......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196

Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)

....in any way connected with the rape and murder of Morium. The further defence is that, a false case has been filed against the accused persons at the instance of the Chairman of the Union Parishad and member Nawab. On consideration of the evidence on record, the post‑mortem report and confessional ......uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ..

Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36

Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)

....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......rmuz Ali Mollah…………………………………….Opposite Parties Judgment June 9, 1994. Cases Referred to- Abdus Salam Vs. State, 36 DLR (AD) 58; Golam Jilani Vs. Govt. of West Pakistan, 19(SC) 426; Mihir Lal Saha podder @ Mihir Kumar Poddar and another Vs. Zhunu Rani Saha, 37......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ..

Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80