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Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

....r the Appellant. SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No.19 of 1998. (From the judgment and order dated 19-8-97 passed by the High Court Division, Dhaka in Writ Petition No. 2192 of 1994). Ju...... 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

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

....al No.822 of 1999. Judgment Mohmmad Abdul Karim J.- Criminal Appeal No. 645 of 1999 at the instance of appellants (1) Parveen and (2) Astima Khatoon alias Minu is directed against the order dated 13-4-99 passed by the learned Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Dhaka, in ......nvicted of the offence which he is shown to have committed, although he was not charged with it. Illustration A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust ..

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)

....Datta came forward to be added as petitioner No.2. As the petition was claimed to be in the nature of public interest litigation the petitioner was allowed to be added as petitioner No. 2 by an order dated 22-6-98. Similarly, on the application filed by Dilip Pal Chowdhury, the father of the victim ......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)

....1998). Md. Aftab Hossain, Advocate-on-Record — For the Respondents (In Criminal Appeal No. 20 of 1998). Criminal Appeal No. 19 of 1998. (From the judgment and order dated May 27, 1998 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 3150......ain physically present in Court before his application for bail can be entertained. The Court, if it grants anticipatory bail, must expressly make it a condition that if the petitioner commits any breach of the terms of bail, the Court concerned will be at liberty to cancel his bail and take him..

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

Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)

....o why respondent No.1, Agrani Bank should not be directed to allow the said company to pay the balance of interest amounting to Taka 77,43,184.25 in pursuance of bank’s decision contained in letter dated 19-6-97 (Annexure-B). 2. Learned Advocate for the petitioner, after placing the petition ......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)

....yan, Additional Attorney-General with him), instructed, by Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 14 of 1991. (From the judgment and order dated 10 February, 1991 passed by the High Court Division Dhaka in Criminal Revision No. 142 of 1991...... 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)

....Aftab Hossain Advocate-on-Record — For the Respondent No.1. Not represented—Respondent Nos. 2-9. Civil Petition For Leave to appeal No. 740 of 1998. (From the Judgment and order dated 15-6-98 passed by the High Court Division in Writ Petition No.562 of 1998). Judgment ...... the High Court Division made the Rule Nisi absolute. 5. Aminul Haque, learned Advocate for the petitioner, submits that the writ petition arises out of a contract and in case of its failure or breach the respondent’s remedy did not lie in a writ petition which the High Court Division erred ..

Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249

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

....ed 4 P.Ws. including herself and the defendant-appellant examined 3 DWs including himself and both sides produced a good number of papers and documents. 6. The Family Court by judgment and order dated 30-10-90 decreed the suit for Taka 89,000.00, including Taka 3,000.00 to plaintiff No.1 as mai...... Allah, He will/Make things easy for them.” 119. Door is left open for reconciliation in the case of Talaq Ahsan or Talaq Hasan. Ayat 35 of Sura An-Nisaa (4) says, “If ye fear a breach/Between them twain/Appoint (two) arbiters, /One from his family, /And the other from hers the..

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

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

....0.00 for going abroad but the father of the deceased was unable to pay the amount and then at the intervention of some well-wishers Sahara was back to her husband’s house about one month before the date of occurrence. On 13-7-89 at about 8-00/9-00 PM the accused persons assaulted Sahara and ultima......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37...

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

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

....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 declared to have been passed without la...... 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)

....ved: Not represented— the Petitioners. Md. Jahurul Islam Mukul, Advocate—For Opposite Parties. Civil Revision No. 864 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the p......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

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....sh Bidhan Case No.491 of 1997 pending in the Court of Nari‑O‑Shishu Nirjatan Bishesh Adalat, Dhaka should not be quashed. 2. Informant opposite party No.2 Ramaboti Roy lodged GD entry No.323 dated 6‑8‑97 with Kotwali PS Mymensingh alleging that she was married to the accused‑petitione......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)

....€‘ For the Petitioner. Civil Order No.1944 of 1998. Judgment Syed JR Mudassir Husain J.- This revisional application at the instance of the plaintiff petitioner is directed against the order dated 31‑5‑98 passed by the learned Additional District Judge being in charge of District Judge ......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

Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)

....ticipatory bail in Special Case No.224/1997 pending before the Special Tribunal, Mymensingh. 3. In both the Rules respective petitioners/ petitioner were/was enlarged on anticipatory bail on the date of issuance of the respective Rule. Both the Rules having involved common question of law are b...... 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

Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)

....1995. 4. Accused persons filed an application under section 241A of the Code of Criminal Procedure for discharging them alleging that the charge brought against them was groundless. By the order dated 4-9-95 learned Tribunal Judge rejected the said application and against thereof Criminal Appea......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

Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)

....g 18‑4‑92 for submission of investigation report to this Court". 2. Subsequently after investigation of the case District Anti‑Corruption Officer submitted his report and by the order dated 4‑6‑92 learned Senior Special Judge took cognizance of the offence as alleged and passed o......sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ..

Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134

Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)

....dgment Md. Joynul Abedin J.- This Rule at the instance of the complainant arising out of an application under section 439 of the Code of Criminal Procedure calls in question the judgment and order dated 22-8-1995 passed by the Sessions Judge, Gopalganj in Sessions Case No.13 of 1995 framing charg......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

Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)

....d in full without any order as to costs. Being aggrieved the plaintiff preferred Civil Revision No. 3503 of 1992 to the High Court Division. A Single Bench of the said court, by judgment and order dated 6 June 1996 discharged the Rule modifying the appellate decree by way of enhancement of the a......eason to differ. We have nothing to interfere in this case.  The petition is dismissed accordingly.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ..

Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221

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

....), instructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondent Nos.1 and 2. Not represented—Respondent No.3. Civil Appeal No. 43 of 1995. (From the Judgment and order dated 12 January 1995 passed by the High Court Division, Dhaka in FA No.63 of 1992). Judgment ...... was sent. Money was received by the defendant but later on the defendant wanted to return the money because the price of Cocaine had gone up and so they would not supply the Cocaine. In the suit for breach of contract, Lindsay J, held in repelling the defence of no contract for want of acceptance o..

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

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

....le was obtained 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 fa......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