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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. ......e Code of Criminal Procedure, so far only as they are not inconsistent with the provisions of the Act, shall apply to the proceedings of the Special Tribunal and such Special Tribunals shall have all powers conferred by the Code on a court of session exercising original jurisdiction. The effect of t......….Opposite Parties. Judgment December 2, 1999. Lawyers Involved: Ziaul Karim with Syeda Mymuna Begum, Advocates—For the Petitioner. Mohammad Mostafa, Assistant Attorney-General— For the State. Criminal Revision No. 1411 of 1994. Judgment ARM...... 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. ..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
....anything contained in sub-clause (a), a person employed as a member of the watch and ward or security staff or confidential assistant or cypher assistant of any establishment shall be entitled to all financial benefits admissible to a worker or workman of similar grade or category.
11. There is n......blishment;
(b) employed in a managerial or administrative capacity.
(c) who being employed in a supervisory capacity performs, by virtue of the duties attached to his office or by reason of the powers given to him, functions of managerial or administrative nature.
Exception.—Notwithstandi......ari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & ors.; Cholera Research Laboratory Vs. First Labour Court and others; Cholera Research Laboratory Vs. Gobeshanagar Karmachari Unio......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
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ...... Development Board’s Order, 1972 (President’s Order No. 59 of 1972) and submitted that the said Order does not contain any provision that in a matter of this kind the concerned Ministry has any power to issue a direction to the said Board or that the said Board has a duty or obligation under...... Result: The appeal is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....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. ......ce of safe custody is violative of the Jail Code and no one in jail shall be denied access to a lawyer of her own choice and why a declaration should not be given that there is no law in Bangladesh empowering any Investigation Officer, or any other person to pray before any Court to put a victim gir......5 BSCR (Vol. VIII) 112.
Lawyers Involved:
Tania Amir, Advocate—For the Petitioner.
Md. Abdur Rashid with Subrata Chowdhury Advocates—For Respondent No. 6.
Momtazuddin Ahmed, Deputy Attorney-General with AM Aminuddin, Assistant Attorney General—For the Respondents.
Writ Petition......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)
....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. ......al charge by the police without a warrant is proved to be imminent and certain. All that the learned Attorney-General has submitted relates only to the conditions and circumstances under which the power for granting pre-arrest bail should be exercised by the Court. He submits that the power is a......pellant Vs. Abdul Wahab Shah Chowdhury……………….Respondent Judgment May 25, 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 ......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
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.......t act on its own but acted at the request of the Government. Moreover, petitioner was in the habit of seeking remission of interest taking loan from different Banks in different names by misusing his power as director of different Banks and, as such, Bangladesh Bank did not act either in an arbitrar......€¦â€¦â€¦â€¦.Petitioner Vs. Agrani Bank and others.................................Respondent Judgment April 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshay......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...Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ates to women who are divorced without any legal fault on their part. The amount of alimony-payable unless and until they remarry-has been left unspecified since it must depend on the husband’s financial circumstances on the social consideration of the time” 24. Shaikul Hind in his ......terated on the first point of leave what was stated above in the leave granting order whereas Mrs. Rabeya Bhuiyan, learned Advocate for the respondents, only maintenance, submitted that the Court has power ex debito granted. justiciae to alter the decree in order to do justice between the parties an......ellip;……… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay see......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
....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.
......directed be related to the investigation of any specific case. Section 94 does not confer on a proper construction of the provisions of the Criminal Procedure Code and the Anti Corruption Manual, any power on a police officer to pass an order such as the impugned order to conduct a roving and fishin......
Bureau of Anti-Corruption and Others………...........…Respondents
Judgment
November 15, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Mustafizur Rahman and ors. Vs. DG Anti-Corruption and ors, 49 DLR 599.
Lawyers Involve......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
....ed that in the whole of the Regulations of 1977, Regulation No. 7 is the only provision whereby the Managing Committee 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 o......or have abdicated and surrendered their responsibility to an entity which has no existence in the Regulation of 1977.
9. Regulation 7 runs as follows:
“7. (1) The Board shall have the power to dissolve a Committee on the grounds of inefficiency, financial irregularity, mismanagement ......the Petitioner.
Md. Nurul Islam, Advocate- For the Respondent.
Writ Petition No. 4005 of 1996.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be d...... 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
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150....... Section 151 of the Code of Civil Procedure is no doubt a special preserve of the Court for doing even-handed justice under given circumstances but the Court is not competent to exercise its inherent power in any and every matter which is not sanctioned by law. In the facts and circumstances of the ......ree whereupon Miscellaneous Case No.18 of 1992 was started but the said Miscellaneous Case was ultimately dismissed on contest. Against the aforesaid order of dismissal the defendant opposite parties took an appeal before the District Judge, Jamalpur being Miscellaneous Appeal No.22 of 1993, and the......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150...Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......rted in 45 DLR 433 it was held that consideration of the statements made under section 161 CrPC while framing charge or otherwise is the necessary part of the Court’s duty. Trial Court has the wide power under the law regarding framing of charge. This can not be interfered with lightly either by t..................Respondent Judgment April 2, 1998. Result: Criminal Appeal No.106 of 1996 is dismissed and Criminal Miscellaneous Case No.19 of 1998 is disposed of. Case Referred to- HM Ershad Vs. State, 45 DLR 433. Lawyers Involved: Md. Jahangir Alam, Advocate - ......nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464.......e under the law mentioned in the charge sheet. In other words, the Tribunal is competent to take cognizance of the offence disclosed in the police report and other connected papers in exercise of its power under section 27 of the Special Powers Act irrespective of the law mentioned in the charge she......-8-1995 passed by the Sessions Judge, Gopalganj in Sessions Case No.13 of 1995 framing charge against opposite party No.1 under section 364 of the Penal Code and discharging the opposite parties No.2 to 8 from the case instead of taking cognizance against them under section 6 of the Cruelty to Women......ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464...Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
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. ...... as found by the learned Sessions Judge but is culpable homicide not mounting to murder and punishable under Part I of section 304 of the Penal Code as he caused death of the victim while deprived of power of self-control by grave and sudden provocation as mentioned in Exception 1 of section 300 of ......¦â€¦â€¦â€¦..Respondent Judgment November 24, 1997. Result: The Reference is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. ......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
....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
......75 requires the satisfaction of the Government before passing order of detention. The Government authorized Deputy Commissioner and the Additional Deputy Commissioner of the District to exercise this power of satisfaction from time to time. The Deputy Commissioner acts on behalf of the Government in...... Home Affairs, Govt of the People's Republic of Bangladesh and others...................Respondent
Judgment
August 24, 1977.
Result:
The Rule is discharged
Cases Referred to-
Mr. Mokleshur Rahman Vs. The State, 28 DLR 17;. Sree Omio Kumar Karmaker Vs. The State of W......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 ......s such it is beyond the scope of the Martial Law Regulations, it is necessary in this connection to look into the First Proclamation of 20th August 1975. It is from the 15th August 1975 when the full powers of the Government was assumed by Khondkar Moshtaque Ahmed, the then President of the Republic......…………………………….....Opposite party Judgment 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-A......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)
.... statements. In the written statement defendant No.1 admitted that he was a monthly tenant under the plaintiffs and he paid rent to them upto January, 1985 but thereafter he failed to pay rent due to financial constraints and under unpropitious circumstances he was compelled to sub‑let the suit pr......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. ......in Khan and another……………………Opposite Parties Judgment June 17, 1997. Result: The Rule is made absolute. Cases Referred to- Netai Sikari and others Vs. Sashi Bhusan Biswas and others, 13 DLR 225; Zohara Begum Vs. Ra......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
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....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. ......ns of sub-section (1) to (3A) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (1). 12. So this section (3B) empowers the Police Officer to hold further investigation in a case where a report has already been su......e is discharged. 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 Isl......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
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....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. ...... but the report in pursuance of the hearing was not accepted by the Deputy Commissioner. Thus, it can’t be said that objection of the petitioner under section 4 was not considered. It is within the power of the Deputy Commissioner to accept or reject the report of the ADC on the subject. There bei......he hearing was not accepted by the Deputy Commissioner. Thus, it can’t be said that objection of the petitioner under section 4 was not considered. It is within the power of the Deputy Commissioner to accept or reject the report of the ADC on the subject. There being urgency of acquisition and con......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. ......ce Orders Enforcement (Amendment) Ordinance, 1962 (Ordinance LIII of 1962) removing doubt and declaring that the notification issued by the Central Government of India before 15-8-47 declaring any power to be a party to the Convention or any territory to be the territory to which the Convention ......nt Vs. British Airways PLC ……………………............Respondent Judgment May 8, 1997. Result: The appeal is not allowed. Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life I......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. ......obtain police report stating prima facie case. Therefore, the contention that the cognizance was taken without jurisdiction and in violation of section 17(1) of the Act cannot be entertained, as such power has been vested in the Court by proviso to sub-section (1) of section 17. Accordingly, we......the learned Magistrate, Betagi Police Station, Barguna on the accusations, inter alia, that the father of the accused-petitioner was a teacher of Betagi Primary School and the accused-petitioner used to teach students as a private tutor in a room of the said school. Moshammat Razia Begum, daughter o......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. ..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
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