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Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

.... Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Resul......MS Islam received further amount of Taka 2,50,000.00 on 11-3-91 and Taka 2,00,000.00 on 29-11-92. However, the defendant opposite parties, who are miscreants and are in the habit of trespass into the properties of others for collecting money illegal from the owners, along with 4 other unknown person..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Azibor Mollick Vs. State, 2000, 29 CLC (HCD)

....General—For the State. Criminal Miscellaneous Case No. 601 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 29-9-98 passed by the নারী ও শিশু নির্যাতন দম......er, according to him, the conviction is based on no evidence. 3. The learned Deputy Attorney-General conceded that when the victim was also examined in the Court and deposed as P.W.4, it was not proper on the part of the trial Court to rely on her statement which was recorded under section 164 ..

Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82

Professor Nurul Islam and others Vs. Government of the Peoples Republic of Bangladesh & others, 2000, 29 CLC (HCD)

....passed as to this Court may seem fit and proper. ......iponon Niontroner Jonno Pronito Ain 1988” (তামাকজাত বিপনন নিয়ন্ত্রনের জন্য প্রনীত আইন, ১৯৮৮) should not be enforced properly and as to why the respondents would not be directed to enact law in the light of the Ordina..

Category: Health Law | Date: 7 Feb, 2000 | Hits: 500

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

....ction) Present: Md. Ruhul Amin J SK Sinha J Bangladesh Paribar Parikalpana Samity…………………………Petitioner Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents Judgment November 18, 1999. Cases Referred To- Ku......ection 3 of the Ordinance; that certificate of Registration that has been given to the Association in the light of the judgment of the First Labour Court is very much legal, that the samity owns huge property and that maintaining a big office with staffs of different categories at different places; ..

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

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

....Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Prativa Rani Dey Tirtha......................Appellant Vs. Dr. Mohammad Yousuf, Chittagong Medical College and Others........................Respondent Judgment August 10, 1999. Result: ......the case to the Divisional Special Judge for trial. There an application was filed by the Special Public Prosecutor for withdrawal of the case as directed from the Prime Minister’s Secretariat. For proper appreciation of the petition filed by the Divisional Special Public Prosecutor the same is re..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

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

....isional Jurisdiction) Present: KM Hasan J Md. Abdul Quddus J Rokeya Kabir…………………………..Petitioner Vs. Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent Judgment May 26, 1999. Cases Referred To- Gillick Vs. W......y before any Court to put a victim girl in jail in the guise of safe custody, and that such prayer is ultra vires and or such other or further order or orders passed as to this court may seem fit and proper. 2. After issuance of the Rule to support and strengthen the petitioner’s case Mrs. Arom..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

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

....patory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or ......s his mother’s sister and the alleged victim is his cousin who is aged about 19 years and their families had discussed about their marriage. In the meanwhile due to some dispute regarding landed property, inherited from the grand-parents, between the two sisters (mothers of the respective resp..

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

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

....p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&...... when the woman has been divorced before consummation in circumstances where no mahr has been set (i.e., in circumstances where, had the marriage been consummated, she would have been entitled to the proper mahr or the mahr of her equals). It is, however, “laudable” to give the divorced ..

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

Firoz Miah Vs. State, 1998, 27 CLC (HCD)

....ant. AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hamidul Haque J. - This appeal is directed against the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers ......ection 26 of the Special Powers Act is not empowered to try that offence as the same offence is not included in the schedule to that Act. So, trial of the present case by the Special Tribunal was not proper. 8. The above anomalous position arose because of the fact that the offence of committin..

Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103

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

....ction) Present: Mainur Reza Chowdhury J MA Aziz J Imtiazur Rahman Farooqui (Md.) (MI Farooqui)…...........……Petitioner Vs. Bureau of Anti-Corruption and Others………...........…Respondents Judgment November 15, 199...... Bar in 1971 and the Supreme Court Bar in 1976 and has distinguished himself in civil and original jurisdictions and appeared in many leading cases. He is the author of a book on the law of abandoned property. He is also a regular contributor of articles on constitutional and legal matters in law jo..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

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

..... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………...........Respondents Judgment November 6, 1997. Result:......s Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2% of the offered..

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

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

....Chowdhury J Abdul Matin Khan Chowdhury J Miss Rowshan Ara Ahmed.................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt of the People's Republic of Bangladesh and others...................Respondent Judgment August 24, 1977. Result: The Ru......ecified in s. 3 of the Act, in relation to which only a valid order, of detention there under could be made.” In that case their Lordships further observed: “As to the proper connotation and the scope of the concept of public order as distinguished from the concepts o..

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

Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)

.... ......e case back on remand to the said Adalat directing the Adalat to re-hear the case and to fix a date for framing of charge/preparation of accqusation and to pass necessary order as the Adalat may find proper. 4. Mr. MA Wahhab Miah, learned Advocate for the petitioners, submits that the High Cour..

Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99

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

....lso Reported in: 50 DLR (HCD) (1998) 143. ......titioners namely, Md. Abdus Samad Khan, Md. Rafiquddin Mollah, Md. Mozibur Rahman and Habibullah Bhuiyan should not be quashed or such other or further orders passed as to this Court may seem fit and proper. 2. Heard Mr. Shawkat Ali Khan, the learned Advocate appearing for the petitioners and Mrs..

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

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

.... Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240);......t between the appellant and the respondent, fanned its wings, thanks to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enfo..

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)

.... Original Jurisdiction) Present: Md. Ruhul Amin J Zakir Ahmed J Akhtar Hossain……………………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others……….Respondents Judgment March 13, 1997. Lawyers Involved: Salimulla......No. 1. Writ Petition No. 786 of 1991. Judgment Md. Ruhul Amin J.- Petitioner has obtained this Rule calling upon the respondents to show cause why they shall not be directed to exclude the property being Holding No.10-B, 11-8 Mirpur Housing Estate from the list of Abandoned Properties and..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

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

....s. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......sal) Order, 1972 (Presidents Order No.16 of 1972); Purpose of enactment The purpose of the Presidents Order No.16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by, certain persons who are not present in Bangladesh or whose whereabouts are no..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

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

.... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents Judgment January 31, 1996. Result: ......of the girl made under the influence of the accused and on her physical appearance, which could be deceptive, that the girl was above 18 years of age and that the High Court Division failed to pass a proper order in the interest of the minor girl and also for a fair trial for the grave offence commi..

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

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

....Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Eastern Chemical Industries Limited...............Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 29, 1995. Case Referred to- Md. S......id not consider the materials on record and legal aspect of the case and came to wrong decision occasioning failure of justice. He further submits that the petitioner submitted the bill of entry with proper assessment for clearing 25 NIT but he got delivery of only 18.225 MT with a deficit of 6.775 ..

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

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

.... This Case is also Reported in: 48 DLR (1996) 76. ......nd others, reported in 1971 Supreme Court Cases (Cri) 446 and Pranab Kumar Mitra Vs. State of West Bengal and another reported in AIR 1959 Supreme Court 144 that when the High Court thinks it fit and proper it may take action suo motu against the order passed by any subordinate Court. But we do not ..

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