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Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....No.1 to destroy his name and fame and professional image out of business rivalry over medical clinic business and police is behind the petitioners and if they were arrested they would be seriously manhandled for obtaining confession from them and the case has been filed against them so that they cou......erim anticipatory bail on the ground that the case was engineered by the business rivals and enemies of the petitioner No.1 to destroy his name and fame and professional image out of business rivalry over medical clinic business and police is behind the petitioners and if they were arrested they wou...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....rence on the left lateral aspect of the forehead. 2. Multiple, abrasions and nail marks over anterior right lateral aspect of the neck and face. 3. Abrasion on the dorsal aspect of the left hand. O/D over the mentioned injuries show presence of ante mortem clotted blood with congestion of ...... some time and for that reason she was divorced. 10. P.W.6 Md. Bujrat Ali stated that he went to place of occurrence house on getting information and saw many people there and the dead body was covered by a cloth. He heard from the persons assembled there that Afazuddin had confessed that he ha......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
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....out of plaintiff suit for specific performance of contract, for there was no agreement which was enforceable by law…………………(32 & 34) Cases Referred to- Bishun Padre Vs. Chandi Prasad & Co, AIR 1919 (Allahabad) 7; HC Mills Vs. Tata Air Craft, AIR 1970 (SC) 1986; (Kun...... took lease of the said premises on 14-6-1971 and set up a Salt Refining and Crushing Factory at a cost of several lacs. After liberation of Bangladesh, management of the said three holding was taken over by the Ministry of Industry and Commerce. Subsequently, the Ministry of Industry and Commerce s......pondent No. 1 a business/commercial enterprise, took lease of the said premises on 14-6-1971 and set up a Salt Refining and Crushing Factory at a cost of several lacs. After liberation of Bangladesh, management of the said three holding was taken over by the Ministry of Industry and Commerce. Subseq..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
.... been followed in the case of Shah Alam Vs. The State, (1976) 28 D LR. (HC) 448. 5. Mr. Kazi Abdul Wahab, the learned Deputy Advocate-General, appearing for the State has submitted, on the other hand, that this Court has no jurisdiction to go into this matter on this application, inasmuch as, t......the Collectorate of Rajshahi from 19.4.52 till his resignation on 12.12.62. He during his appointment worked as Tehsilder of Puthia 4 annas Raj Estate and after acquisition of the Estate by the then Government worked as Tehsildar under the Government till the date of his resignation. On 20-6-76......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
Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)
....No. 4387 of 1997. Judgment Md. Mozammel 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 ......al custody. 4. The learned Advocate submits that since the learned Sessions Judge found that the girl is a minor one, the father of the girl is entitled to have the custody. But instead of handing over the girl to the custody of father, the learned Sessions Judge illegally kept her in judicial cu......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
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ...... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Nurunnahar Begum and others………………………………Petitioners Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works, Ba......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
....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.......this Court may seem 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......ement, Dhaka.
3. The respondent i.e. Government of Bangladesh, entered appearance and contested the case contending, inter alia, that, the owner of the property in question having not been in the management or occupation and/or that as he had left the property without making any arrangement for ..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....xemplary punishment should be given. He submits that due to his negligence the evidence of rape disappeared and for such gross negligence he should be punished. 7. Dr. Akhter Hamid, on the other hand, submits that due to some unavoidable circumstances which have been disclosed in the applicatio......t. Knowing it fully well he accepted the submission of the learned Advocate Mr. Abdul Majid Munshi and others. It is unfortunate that he has given preference to the submission of the learned Advocate over the law itself, namely, the law of Contempt of Court which he is supposed to know. But in the l......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
....f her employment as she failed to prove the same and further held that the said works were produced by the petitioner under the direction, supervision and control of the respondent No.1. On the other hand, Board held that it was within the duty of the petitioner's service under the respondent No......ice or apprenticeship, to which clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;
(d) In the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owne......atters as whether the man performing the service provides his own equipment, whether he hires his own helpers, what degree of financial risk he takes, what degree of responsibility for investment and management he has, and whether and how far he has an opportunity of profiting from sound management ..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....he matter. But instead of doing that the Tribunal took cognizance and thereby committed an illegality. 4. The learned Assistant Attorney ‑General appearing on behalf of the State, on the other hand, submits that the submission of final report does not create any vested right in favour of the ......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
....y the Government vest absolutely in the Government free from all encumbrances from the first day of the agricultural year next following the date of publication in the official, Gazette. On the other hand sub‑section (1) of the said section 44 provides that all interest of rent receivers in the, e...... death and his co‑sharers have been in possession of the said fishery in leasehold right. In case No.92 of 1958 on 1-4‑1958 the said fishery was leased out to Abdur Rahman and Darbesh Ali by the Government. Thereafter petitioner and his co‑sharers as plaintiffs filed Title Suit No.180 of 1958 ...... 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
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....‘12‑87 as addressed to the respondent No.2 purportedly appointing him as the Marriage Registrar for the Ward Nos.68, 70 and 71 of the Dhaka Municipal Corporation with direction to the petitioner to hand over all the Registers and papers relating to the registration of Marriage and Divorce within t......sdiction) Present: Mozammel Hoque J Abdul Matin J Latifur Rahman (Md.)……………………………………………..Petitioner Vs. Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh and another………………..Respondents Judgm......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)
....ollected. After retest RTL Chittagong found level of radiation in the 5 samples collected from one container above the acceptable limit and in the remaining samples below the said limit. On the other hand, Institute of Nuclear Science and Technology, Savar of respondent No.3 found level of radiation......al Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Dr. Mohiuddin Farooque.....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Commerce, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, and others .....................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
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....rs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ...... ......erty (Control, Management and Disposal) 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 Ban..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
....appear before him and submit their case in writing. It appears that the respondent in pursuance of that notice appeared before the arbitrator and submitted their statement of claim. On the other hand, the appellant prayed for time but subsequently they did neither file any written objection nor......71 of 1991 making the award dated 21.2.1991 given by the sole arbitrator Mr. Justice Sultan Hossain Khan, rule of the Court.
2. The relevant facts, in short, may be stated as follows:-
The Government of the People's Republic of Bangladesh decided to construct some flyovers in the ......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)
.... at about 8-00 PM her second daughter aforesaid Illy Begum aged 15 years went out of the house for passing urine; some time thereafter she heard a cry of her daughter and on coming out with a lamp in hand she saw accused Abdul Matin pulling the victim girl by catching hold of her hair and other 6/7 ......atin detained the victim girl at his house. She further stated that her husband was a paralysis patient and had been confined to bed and she being the only (grown up) person in the family tried to recover her daughter and hence there was some delay in lodging the First Information Report. 3. The ...... 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
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....th proper assessment for clearing 25 NIT but he got delivery of only 18.225 MT with a deficit of 6.775 MT and the Custom authority was to refund Taka 78,29,666.14 to the petitioner. But, on the other hand, it issued demand notice most illegally. Mr. Farooqui in support of his first contention referr......eme Court High Court 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. Ca......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)
....Nos. 88-90/1987 Âproceedings of Special Case Nos. 60-62/1986 pending in the Court of the Special Judge (2nd Court of the Additional Sessions Judge) Dhaka are being sought to be quashed. On the other hand, in Criminal Revisional No. 104 of 1992 proceedings of Petition Case No. 828a1/1991 pending in ......e Director of M/s. Master Industries Limited and co-accused Saidul Islam Khan (Tutul) is the Accountant of M/s Rahim Metal Industries Limited purchased by the said Master Industries Limited from the Government. 4. In complaint Case No.761a1 of 1984 which gave rise to Special Case No.60 of 1986 co......t as contented by him or under the provisions of any other law. Even if accounts of the company were audited and approved by the share-holders the same cannot exonerate the persons in exchange of the management of the company from facing trial on the allegation of misappropriation of the fund of the..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....ent orders are vitiated by this illegality. (2) that the accused having been made a party in the revisional application, should not have been denied the opportunity to be heard. 4. On the other hand, Mr. Abdul Malek, the learned Advocate appearing on behalf of the opposite party No.2 submits t......rpose of the Code of Criminal Procedure that the accused should be heard at this preliminary stage. In a way the Code denies locus standi to the accused in enquiries under Chapter XVI and XVII which covers sections 203 and 204 of the Code of Criminal Procedure. 13. When the Court is not required ......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
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
.... the petitioners is that they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63. The original defendant Sirajuddin Mollah became a tenant......tenancy was filed two months before the alleged title of the defendants in respect to the suit land and, as such, the plaintiffs were not obliged to file a suit for declaration of their title and recovery of possession and it is enough for them to file a mere suit for establishment of tenancy righ......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
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