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Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......ore he incurs disqualification under Article 66 and shall vacate his seat automatically under Article 67 of the Constitution and there is no necessity or requirement of examination of the same by the Election Commission……. (13) Lawyers Involved: Abdul Malek, Senior Advocate (......curs disqualification under Article 66 and shall vacate his seat automatically under Article 67 of the Constitution and there is no necessity or requirement of examination of the same by the Election Commission……. (13) Lawyers Involved: Abdul Malek, Senior Advocate (ABM Nurul..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)

....AD) (2002) 73. ...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ..

Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....llant.   9. In such a matter of contempt of court of a high official this Division earlier observed case of SAM Iqbal vs. State and another rep 3 BLC (AD) 125, the then Chief Justice Mr. Justice ATM Afzal observed as follows- “We have not ......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ersity of Dhaka Vs. Zakir, Ahmed reported in 16 DLR (SC) 722 their Lordships observed: "This Court has already had occasion to point out in at least three cases, namely, in the cases of the Chief Commissioner, Karachi Vs. Mrs. Dina Sohrab Katrak Faridsons Limited Vs. Government of Pakistan......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ...... of Dhaka Vs. Zakir, Ahmed reported in 16 DLR (SC) 722 their Lordships observed: "This Court has already had occasion to point out in at least three cases, namely, in the cases of the Chief Commissioner, Karachi Vs. Mrs. Dina Sohrab Katrak Faridsons Limited Vs. Government of Pakistan and A..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......t evidence had been collected for involvement of accused petitioner in commission of crime. Sessions Judge, also, found that enmity existed between deceased and accused petitioner over Union Parishad Election. 15. The accused petitioner was released on furnishing bail bond on 3‑5‑2000. Grou......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....de 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 and Settlement, Segun Bagicha, Dhaka vide Memo No. 3/344/1007 dated 7-5-92, ......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. ......ry valuation but the said appeal was rejected without giving any hearing to the plaintiffs. Thereafter plaintiff No. 1 again renewed its prayer but it was not entertained and ultimately the Assistant Commissioner, Housing and Settlement defendant No. 4, by letter dated 22-3-95 informed the plaintiff..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)

..../88) now pending in the Court of Metropolitan Magistrate, Dhaka should not be quashed. 2. It appears that the Opposite party is the complainant and he filed a petition of Complaint before the Chief Metropolitan Magistrate, Dhaka alleging that the present petitioner joined in his company as ......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ..

Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....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.......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.......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...

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....sult: The Criminal Appeal No.822 of 1999 is allowed. Cases Referred to- Masirali and others Vs. Abdul Mamith, 8 DLR 634; Matiur Rahman Vs. State, 14 DLR 526; MSK Ibrat Vs. Commander-in-Chief, Royal Pakistan Navy, 6 DLR (SC) 128; Muhammad Farooq Vs. State, 8 DLR (SC) 135; Arfan Ali Vs.......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. ......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. ..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....4 of the Nari-Shishu-Nirjatan Daman (Bishes Bidhan) Ain, 1995 was started. The victim girl herself surrendered before Sutrapur PS on 11-5-98. On 12-5-98 the police produced the victim girl before the Chief Metropolitan Magistrate, Dhaka (respondent No.2) to record the statement of the victim girl an......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, 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)

....l and physical torture. The accused, therefore, prayed for anticipatory bail in connection with Barisal Kotwali PS Case No. 47 dated 29-4-98 and OR Case No. 206 of 1998 pending in the Court of the Chief Metropolitan Magistrate, Barisal. 8. The High Court Division in the former case i......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. ...... of Sessions in non-bailable offences. Sub-clause (2) of section 438 also authorises the Court to pass such conditions with such directions as the Court may think fit in a particular case. The Law Commission of India in its 41st Report on 24-9-1969 pointed out the necessity of introducing a prov..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

....a former president is exempted from the relevant provisions of the Arms Act, 1878; and that admittedly the arms were surrendered and /or delivered to the Deputy Commissioner of Police (North) and the Chief Metropolitan Magistrate, on 24th December, 1990 i.e. within the period of amnesty declared by ...... 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. ......the Arms Rules, 1924 the petitioner as a former president is exempted from the relevant provisions of the Arms Act, 1878; and that admittedly the arms were surrendered and /or delivered to the Deputy Commissioner of Police (North) and the Chief Metropolitan Magistrate, on 24th December, 1990 i.e. wi..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58

Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)

....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ..

Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88

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

....med, Advocate — For Salma Sobhan, Executive Director, Ain-o-Salish Kendra (ASK). 3. Alimuzzaman Chowdhury, Advocate, instructed by MG Bhuiyan, Advocate-on-Record — For Khan Md Shahid Chief Coordinator on behalf of Madaripur Legal Aid Association. Interveners (Second Group) ......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.   ......ed that maintenance till remarriage is not a novel concept falling down from nowhere. Several tafsirkars have understood Ayat 241 to be so. We have also been referred to the Report of the Family Laws Commission of the Government of Pakistan, presided over by Abdur Rashid, CJ, and published in the Pa..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

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

.... 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. ......ittee of a School may be dissolved and that it must be on the grounds of inefficiency, financial irregularity, mismanagement and for similar other reasons on the specific recommendation of the Deputy Commissioner or the Deputy Director of Public Instructions concerned or if the Board is satisfied th..

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

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....he rate of 6% from 5-6-86 till realization; failing which it will be executed as a money decree in the usual course. Mustafa Kamal J.- I have gone through the judgments written by my Lord the Chief Justice and my learned brother Latifur Rahman, J. I concur with the judgment of my Lord the Ch......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....Second Proclamation Martial Law so promulgated was kept in force. The Third Proclamation which came into force on 29th November. 1976 by Mr. Justice Abusadat Mohammad Sayem by which the office of the Chief Martial Law Administrator was handed over from the then President Major General Ziaur Rahman B......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 ......by the investigating agency. Mr. Haldar, the learned Advocate, has referred to regulations 7A and 7B which were incorporated by subsequent amendments it is found from regulation 7A that if the Deputy Commissioner has received any information he shall make certain enquiries as he may think necessary ..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)

....ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466...

Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159

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

.... Officer-in-Charge, Lalbagh Police Station on 12-12-1991 alleging, inter alia, that some employees of the office of the Director General, Bangladesh Rifles in collaboration with some officials of the Chief Accounts office and Ministry of Home Affairs have through 3(three) false bills withdrawn and m......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..

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

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. ......gnie d Armement Maritime SA Vs. Compagnie Tunisienne de Navigation SA (1970) 3 All ER 71 HL); Michael Golodetz Vs. Serajuddin and Co. AIR 1963 (SC) 1044; Bangladesh Air Service Oil and Natural Gas Commission Vs. Western Company (Pvt) Ltd of North America, AIR 1987 (SC) 674; James Miller and Appe..

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