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

....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       ......bdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Respondent to show cause as to why the detenue Mahbubuzzaman alias Bhulu now detained at Dacca Central Jail should not be brought before this court so that it may satisfy itself that he may not be held in custody without lawful auth......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       ......dvocate Genera- For the Respondents. Writ Petition No. 377 of 1977. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Respondent to show cause as to why the detenue Mahbubuzzaman alias Bhulu now detained at Dacca Central Jail should not be brought before th..

Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3

Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)

....rit petition was moved and the petitioner obtained the present Rule. The father of the victim girl Tapan Chandra Datta prayed for custody of his daughter on the ground that she is minor and since his prayer was not allowed till today, he moved this writ petition before this Court in habeas corpus na......ozammel Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the victim minor girl Tapati Rani alias Bobi Rany, daughter of Tapan Chandra Datta, should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful a......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ..

Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72

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

....t office to take away her designs; and as the author of those designs she was entitled to registration of copyright. 5. Registrar after enquiry and hearing by his order dated 12‑1‑87 allowed prayer of respondent No.1 and rejected the prayer of the petitioner for registration of copyright. B......: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Suraiya Rahman………………….………Petitioner Vs. Skill Development for Underprivileged Women represented by its Project Director and ors………&hellip......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. ......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

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

....e jurisdiction of Syed Shariatullah. Marriage Registrar and Kazi of Maghbazar, Dhaka who was holding an area covering 19 Wards though he was entitled to 7 (seven) wards only at the relevant time. The prayer was for delimiting his jurisdiction and granting him the licence for the said wards. 5. Th...... declared to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that the petitioner was appointed and authorised to perform the functions and duties of Nikah Registrar for the ward Dhaka Cantonment Board under a licence......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. ......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)

....d and without jurisdiction, Plaintiff also prayed for a decree for mandatory injunction directing the respondent No.4 for re‑testing the goods as per letter dated 204‑95. Thereafter on 1‑7‑95 prayer of the said plaintiff for temporary mandatory injunction was rejected by the Assistant Judge.......ation Testing Laboratory Chittagong (Annexure‑D). 2. Facts leading to the issuance of this Rule are as follows: Respondent No.6, Danish Condensed Milk Bangladesh Limited opened LC dated 7‑8‑94 for importing 500 metric tons of skimmed milk powder from Datraco BV Netherland (Holland). Out of 50......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. ..

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

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

....ard to the Arbitrator to subtract certain amount from the amount given in the award but they did not attack the award on the ground of misconduct. Mr. Pal further submits that it is apparent from the prayer made by the appellant in their written objection that they had submitted to the juris­dic......ort, may be stated as follows:- The Government of the People's Republic of Bangladesh decided to construct some fly­overs in the city of Dhaka, one at Mohakhali and another at Banani and for this purpose they floated tenders from intending contrac­tors. Many contractors including th......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. ......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)

....currence and produced her before the learned Magistrate on 30-11-1994. On the following day the victim was again produced in Court when the appellant prayed for the custody of the victim girl but her prayer was rejected and a direction was given for recording the statement of the victim girl by a Ma...... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents J...... 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. ..

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

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

.... and 10 days after the impugned order, long after the limitation period of 60 days. Even then no statement been made in the petition explaining the delay in filing this revisional application nor any prayer for condition of the delay was made nor any order for condoning the delay was obtained from t......1990 should not be set aside. 2. The facts are, in short, that the Complaint Case No. 263(1) 90 under sections 304/109/34 of the Penal Code was filed by the opposite party No.2 Monir Chowdhury, before the Upazila Magistrate, Sadar Upazila on 24.6.90 alleging that the petitioners and four others,......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

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

....ing before the learned Chief Metropolitan Magistrate for submission of the sanction order and charge‑sheet. A number of dates were fixed for submission of the sanction order, but ultimately, on the prayer of the investigation officer the accused‑petitioners were discharged by the learned Additio......urther order or orders passed as to this Court may seem fit and proper. 2. On 27.9.88 ASM Abdul Karim Bhuiyan, Anti‑Corruption officer of the Bureau of Anti Corruption, Dhaka lodged an First Information Report with PS Gulshan to the effect that petitioner No.1 Maulana M A Mannan former Minist......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)

....ore him the learned Magistrate would be embarrassed or prevented from giving relief. 11. Mr. Amirul Kabir Chowdhury, the learned Deputy Attorney‑General, on the other hand, seriously opposes the prayer for bail and submits that earlier applications for the same purpose having been rejected the ......e-For the State. Criminal Miscellaneous Case No.1402 of 1994. Judgment DM Ansar Uddin Ahmed J.- This is an application under section 498 of the Code of Criminal Procedure by accused MA Malik for his anticipatory bail in connection with Sylhet Kotwali PS Case No.4 dated 2.3.93 under section ......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)

....করিতেই হইবে ইহাও ভুল কথা”। "These writings of this book really injured and insulted the religious belief of the Muslims in view of the fact that to say prayer in a Jamat is also religious sanction as well as the Muslims believe that if they can say pra......, they were heard together and are being disposed of by one judgment. 2. In Criminal Revision No.668 of 1994, Rule was issued calling upon the opposite parties to show cause as to why the order of forfeiture of books as mentioned in paragraph 3 of the application vide Memo No. SW (Raj‑3) Pustak......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. ......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

Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)

....ank, Agrabad Branch, Chittagong filed the aforesaid money suit for realisation of an amount of Taka 1, 98, 48,632.70 being the principal amount of loan including interest as on 31.1.88 with a further prayer of pendente lite interest @ 20% per annum on and from the date of filing till the realisation......laintiff is directed against an order dated 12.11.91 passed by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Money Suit No.52 of 1988, disallowing the plaintiff's application for rejection of counter claim of the defendants. 2. The facts, as are relevant for disposal of t......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

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

....n. To the south‑west of his house is the house of accused Giasuddin. P.W.2 Ful Banu, eldest daughter of P.W.1, states that on Sunday Shahnaz came and called away Morium to their house. After magrib prayer she went to call Morium when Shahnaz and wife of accused Giasuddin said that Morium would sta...... appellant Giasuddin Ahmed, Abul Kashem and Dulal under section 7 of the Cruelty to Woman (Deterrent Punishment) Ordinance, 1983 and sentencing each of them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 3,000.00 in default, to suffer RI for 6 months more. Both the app......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

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

.... the plaintiff has been possessing the suit land. That the defendant opposite party No. 1 is the younger brother of the plaintiff and that the defendant had no house of his own in the town and on his prayer, the plaintiff allowed the defendant to stay in the northern bhiti Gulpata hut measuring 8 x5...... No. 115 of 1990 affirming the judgment and decree dated 26.5.90 and 6.6.90 respectively passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the predecessor of the ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419     ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419     ..

Category: Property Law | Date: 17 May, 1994 | Hits: 3

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

....e Chief Martial Law Administrator dated 15.12.1982 the sentence was remitted. Thereafter the petitioner made a representation to the respondent No.1 for his re‑instatement in his service. While the prayer for re‑instatement was in process the petitioner was served with Memo No. 83‑1 MN (IV) da......on, of the Department of Immigration and Passport of the Head Office at Dhaka and thereafter he was transferred to Regional Passport Office at Chittagong as Officer‑ in‑Charge and he served there for about 4 years. On being promoted as Deputy Director, Immigration and Passport by the order of Mi...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ..

Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

....riginal owner, but at a very late stage sought to amend their pleadings that the defendant No. 1 took settlement of the suit premises on permanent basis on payment of salami. In both these cases, the prayer for amendment of the pleadings was refused. (b) Where it is made at a stage when it will......ivil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said application consisting of wide ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1

Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)

....e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276   ......detenu and the said provision is mandatory. Section 9. Commencement and termination of time, (1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the w......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276   ......seem fit and proper. 2. The petitioner Mrs. Samirunnessa is the mother of the detenu Md. Asadur Rahman @ Nabi Hossain. It has been stated, inter alia, in the petition that the petitioner and the detenue both are loyal citizens of Bangladesh and that the detenu who is aged about 22 years is a gr..

Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3

Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)

....ences is to procure evidence against other accused persons when prosecution is faced with the difficulty of gathering evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplic......at him as an accomplice witness. Moreover P.W. 2 did not make full and true disclosure of the whole of the circumstances within his knowledge as is evident from contradictory statements made by him before the I.O. and the Court below. In such circumstances Court below was not justified to tender par......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509   ......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509   ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

....lf. There is no clerical or arithmetical mistake or omission or slip as emphasised under section 152 of the Code of Civil Procedure. So, the trial court rightly rejected the plaintiff's prayer for amendment of the judgment. 25. We have carefully heard the learned Advocates of both...... Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 1989 shall not be set aside. 2. The petitioner's case, in short, is that they as plaintiff instituted Money Suit No. 19 of 1989 before he aforesaid Court against opposite parties 1-5 and also proforma defendant No. 6 for realisati...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)

....se of the trial, and if she is found below the age of 16, the learned Sessions Judge may take step for her separate trial in a Juvenile Court. 18. With these observations we find no force in the prayer for quashing the proceeding. In the result, the Rule is discharged and the order of stay is v......2 with Palashbari PS Gaibandha, in which she alleged that the petitioner No.1, a 50‑year‑old headmaster of a school, seduced her with false promise of marriage and had sexual intercourse with her for about three to four years. When she became pregnant petitioner No.2 terminated the pregnancy on ......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ..

Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2