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....Special Original Jurisdiction)
Present:
Md. Fazlul Karim J
Md. Abdul Wahhab Miah J
Professor Nurul Islam and others.……………………Petitioner
Vs.
Government of the Peoples Republic of Bangladesh & others.…………Respondents
Judgment
February 7, 2000.
Cases Referred To-
B...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
......passed as to this Court may seem fit and proper.
...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
..
Category: Health Law | Date: 7 Feb, 2000 | Hits: 500
.... that her marriage had been dissolved consequent to an incident of about one year ago when her husband out of anger uttered the word ‘talak’, but thereafter continued their married life.
2. In Bangladesh laws relating to the dissolution of a Muslim marriage at the instance of the husband and ......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......so Reported in:
......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....e. The most imÂportant section is section 45 of the Ordinance, which provides that subject to the provisions of this Ordinance, the income, profits and gains of an industrial undertaking set up in Bangladesh between the first day of July, 1974, and the thirtieth day of June, 1985 (both days inc......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For ReÂspondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are invol......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
....egal 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.......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......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
....conding the discretion to withdraw the case ought not to have been exercised.................(12 & 13)
Cases Referred to-
Syed Motiur Rahman Vs. State, 35 DLR (AD) 329; Baksha Mia Vs. Bangladesh, 30 DLR (AD) 228, Sekander Ali Vs. State, 31 DLR (AD) 134.
Lawyers Involved:
...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ......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:
...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
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. ......Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Chairman, Bangladesh Water Development Board and another…………….. Appellants Vs. Shamsul Huq and Co. Ltd. and others……â...... 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
....e Court
High Court Division
(Criminal Revisional 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 ......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. ......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......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)
.... Criminal Appeal No. 19 of 1998, the accused-respondent in his application under section 498 of the Code of Criminal Procedure for anticipatory bail, inter alia, stated that he is the President of Bangladesh Jatiyatabadi Juba Dal, Porsha Unit, and Vice-President of the opposition party of N......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. ......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 ......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)
....il 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshayajibi Samabay Samity Vs. Bangladesh, 39 DLR 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ruhul Quddus, Adv......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.......eported in: 51 DLR (1999) (HCD) 350.......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
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....al 781; Krishna Gopal vs. Emperor 92 IC 589; Farruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Hasanuddin Sarkar Vs. The State, 34 DLR 287, Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) 38, Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69, Abdul Ali Vs. The State, 30 DLR (SC) 58 and Akhlar Ra...... 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. ......used In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in the FIR and the charge‑sheet. The accused's general denial that the facts disclosed in the FIR are not...... 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. ..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
..... Superior Builders and Engineers Ltd………………........Respondents Judgment January 5, 1999. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 A writ petition cannot be founded merely on contract, but when a......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Managing Director, Dhaka WASA………………… Petitioner Vs. Superior Builders and Engineers Ltd………………........Respondents Judgment January 5, 1999. R......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....t Group) For the Appellant: 1. Shamsuddin Ahmed, Advocate — For Self. 2. M G Bhuiyan, Advocate-on-Record — For Self. 3. M Nawab Ali, Advocate-on-Record — For the Bangladesh Legal Aid & Services Trust (BLAST) 4. Mvi Md Wahidullah, Advocate-on-Record&mdas......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. ......p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&......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
....Dar/92 (Bank) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is as follows:
The petitioner is a citizen of Bangladesh and an Advocate enrolled in the Appellate Division of the Supreme Court of Bangladesh and......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.
......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......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
....nd Secondary Education, Jessore and others…………Respondents
Judgment
August 19, 1998.
Cases Referred To-
Faizur Rahman (Md) and others Vs. Government of Bangladesh represented by the Secretary Ministry of Education and others 2 BLC 619 (10, 14)
Law...... 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.
......fuzur Rahman J
MA Aziz J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment...... 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
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....on itself. "Dowry" in section 4 has therefore to be understood in its ordinary meaning, namely, property brought by women to her husband at marriage or vice versa. It must be held, therefore, that in Bangladesh Act the legislature has taken care to see that not only the taking or giving of dowry or ......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ....... Bakul Rani Pramanik; 46 DLR 290. Lawyers Involved: SS Halder, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Attorney‑General in‑charge, M Faruq, Deputy Attorney‑General and Munshurul Huq Chowdhury, Deputy AttorneyÂ-General with MA Rouf, Assistant Attorney‑General â€......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....injunction prayed by the petitioner was affirmed by this Division. Against the said decision, the defendants opposite parties preferred an appeal before the Appellate Division of the Supreme Court of Bangladesh in Civil Petition for leave to appeal No.438 of 1997. Their Lordships of the Appellate Di......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......urt High Court Division (Civil) Present: Syed JR Mudassir Husain J Social Marketing Company…………………………..Plaintiff Petitioner Vs. Universal Pharmaceuticals Ltd. and another………………………….Opposite Parties Judgment June 4, 1998. Result: ......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appella......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. ....... 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:......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
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....l Jurisdiction) Present: Mainur Reza Chowdhury J Md. Hamidul Haque J Rehana Begum and another…………………………..................Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgment September 4, 19......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ...... (HCD) (1998) 557. ......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
....rul Haider 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:
......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
......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......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)
....been filed by the Assistant Custodian of Vested Properties (Land and Building). The petitioner has filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh being Writ Petition No. 53 of 1976. The said Writ Petition and title suit filed by the Go......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 ......ed by the accused-peitioner under section 561-A of the Code of Criminal Procedure for quashing the proceeding in G.R. Case No.765 of 1976, arising out of Puthia P.S. Case No. 4 dated 5.7.76 and Puthia P.S case No. 7(2)C in G.D. Entry No. 601 dated 20.6.76. 2. The short facts necessary......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
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