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

....f Sharping Matshayajibi Samabay Samity Vs. Bangladesh reported in 39 DLR 78, a distinction has been made between an ordinary contract and a contract in exercise of statutory or sovereign power of the State. Banking business of the respondent No.1 owned by the Government is not in exercise of any sta......ourt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Fazlur Rahman and Co. (Pvt.) Ltd……………………….Petitioner Vs. Agrani Bank and others.................................Respondent Judgment April ......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....... 42 DLR 33; Sharping Matshayajibi Samabay Samity Vs. Bangladesh, 39 DLR 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ruhul Quddus, Advocates — For the Petitioner. M Mahmudul Islam, Attorney-General, Nahid Mahtab, Advocate — For the Respondent No.1. Writ Petition No.1..

Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

.... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad..............Petitioner Vs. The State ............................Respondent Judgment February 26, 1991. Result: ......me Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hussain Mohammad Ershad..............Petitioner Vs. The State ............................Respondent Judgment February 26, 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. ...... 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

Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)

....he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J AM Mahmudur Rahman J Lutful Karim and others..................................Petitioners Vs. Shahidullah and others......Respondents Judgment February 4, 1999.   R......he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......by Cherag Ali, the ancestor of the plaintiffs. Cherag Ali handed over possession to the vendee after the sale. Cherag Ali was an educated person and was related to the then Sub-Registrar Mr. Mozaffar Islam who exempted the said Cherag Ali from giving his LTI's while registering the two impugned ..

Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7

Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)

....D) (1999) 121. ......1 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e charge against the petitioner No.1 Younus Ali under section 9(Kha) of the Nari-O-Shisu Nirjatan Daman (Bishes Bidhan) Ain, 1995, hereinafter referred to as the Act and against petitioners Md. Nurul Islam, Enayet Sarder and Hasan Sarder under section 14 of the Act, are, in short, that on 10-11-1990..

Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88

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

.... 146. If left destitute after divorce, the divorced women, under Islamic dispensation, is entitled as of right to claim maintenance from their opulent prescribed relations. If not so available, the State is bound to maintain them. Those who do not find solution to the problems of destitute women a......hellip;…………………………………………………………..Appellant Vs. Shamsun Nahar Begum and another…………………&hel......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.   ......dvocate-on- Record — Amicus Curiae. Moulana Obaidul Haque, Khatib Baitul Mukarram National Mosque, Moulana Mohiuddin Khan, Editor of “Monthly Madina” — For the opinion on Islamic Law. Interveners (First Group) For the Appellant: 1. Shamsuddin Ahmed, Advoca..

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

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

....) (1999) 37....... DLR (HCD) (1999) 37.......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.......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)

.... 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. ......diction) Present: Mahfuzur Rahman J MA Aziz J Molla Habibur Rahman.………………………………Petitioner Vs. Board of Intermediate and Secondary Education, Jessore and others………&h...... 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. ......ment of Bangladesh represented by the Secretary Ministry of Education and others 2 BLC 619 (10, 14) Lawyers Involved: Zakir Hossain Munshi, Advocate—For the Petitioner. Md. Nurul Islam, Advocate- For the Respondent. Writ Petition No. 4005 of 1996. Judgment MA Aziz..

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.......in: 52 DLR (HCD) (2000) 150.......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.......es Judgment July 12, 1998. Case Referred To- Bijoy Krishna Paik and another Vs. Mamtazuddin Sk, 12 DLR 63 (4). Lawyers Involved: Not represented— the Petitioners. Md. Jahurul Islam Mukul, Advocate—For Opposite Parties. Civil Revision No. 864 of 1997. Judgment Go..

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

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

....Supreme Court High Court Division (Criminal) Present: Kazi Ebadul Hoque J Md. Abdul Quddus J Dipak Kumar Roy @ Kazal…………………….....Petitioner Vs. State.....................................................Opposite Party Judgment June 7, ...... 603. ......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. ......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

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

....igh Court Division (Criminal) Present: Kazi Ebadul Hoque J Md. Abdul Quddds J Dr. Mominur Rahman alias Zinna and another………………………..Petitioners Vs. State……………………….......Opposite Party Judgment June 2, 1998. Result: ......rt High Court Division (Criminal) Present: Kazi Ebadul Hoque J Md. Abdul Quddds J Dr. Mominur Rahman alias Zinna and another………………………..Petitioners Vs. State……………………….......Opposite Party Judgment June 2, 1998. ...... 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. ......site Party Judgment June 2, 1998. Result: The Rules are discharged. Cases Referred to- Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Habibul Islam Bhuiyan with Raziur Rahman Chowdhry, Advocates ‑ For the Petitioners (In Criminal Miscellane..

Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111

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

....rt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Gholam Rabbani J Md. Nurul Islam J Forhad Hossain (Md.) and others…………………Appellants Vs. State…………………….....................................Respondent Judgment Apri...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Gholam Rabbani J Md. Nurul Islam J Forhad Hossain (Md.) and others…………………Appellants Vs. State…………………….....................................Respondent Judgment ......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. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 337. ..

Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161

Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)

....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......l) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Lutful Karim and others............................Petitioners Vs. Shahidullah and others.........................Respondents Judgment March 15, 19......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......hondkar Mahbubuddin Ahmed, Senior Advocate Mohammad Ozair Farooq, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners (In both the Petitions). AKM Nazrul Islam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For Res­pondent N..

Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5

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

.... ......98) 575. ......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. .......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)

....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....... in: 51 DLR (HCD) (1999) 464.......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.......acated. 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)

....se is also Reported in: 50 DLR (HCD) (1998) 121. ...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haque J State…………….......................Petitioner Vs. Afazuddin Sikder………………..Respondent Judgment November 24, 1997. R......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. ......y pressing her throat. In cross-examination he stated that he saw marks of injury on the forehead but could not say whether that was due to any assault or was from before. 11. P.W.7 Dr. Taufiqul Islam who held the post-mortem examination over the dead body of victim Sukitan Nessa stated that- ..

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)

....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. ...... Latifur Rahman J Md. 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 ......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. ......ada Halder Vs. Chandi Prashed & Co, AIR 1919 Allahabad 7; Hindusthan Co-operative Insurance Society Ltd. Vs. Shayarn Sunder and others, AIR 1952 Calcutta 619. Lawyers Involved: Amirul Islam, Senior Advocate (Aktar Imam, Advocate with him), instructed by SH Siddique, Advocate-on-Recor..

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

Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....…………………Respondents Judgment September 4, 1997. Result: The Rule is made absolute. Cases Referred to- Ananda Mohan Banerjee on behalf of Priti Banergee Vs. State and others, 35 DLR; Jahahara Begum alias Jotsna Rani Shaha Vs. State and another, 15 DLR 148; ......) (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J Md. Hamidul Haque J Rehana Begum and another…………………………..................Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgme......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. ......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

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

....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 West Bengal, AIR 1972 (SC) 2259; Lohia ...... High Court Division (Special Original Jurisdiction) Present: Badrul 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 ot......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       ......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)

....isional Jurisdiction) Present: K.M Subhan J Abdul Wadud Chowdbury J Md. Khalilur Rahman………………................Petitioner Vs. The State ……………………………&helli......(Criminal Revisional Jurisdiction) Present: K.M Subhan J Abdul Wadud Chowdbury J Md. Khalilur Rahman………………................Petitioner Vs. The State …………………………&......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 ......t the accused-petitioner do not go beyond the period of 1952 when he assumed the office of Tehsildar of Puthia Raj Estate in 1952 and the latest is in 1952. The country as it then was in 1952 was the Islamic Republic of Pakistan. For the purpose of administration of the country there had been succes..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)

....ourt Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Hassan Ameen J Tapati Rani alias Boby Rani……………………………………Petitioner Vs. State represented by the Deputy Commissioner, Jamalpur………………………………Respondent...... High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Hassan Ameen J Tapati Rani alias Boby Rani……………………………………Petitioner Vs. State represented by the Deputy Commissioner, Jamalpur………………………………Res......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. ......er on the ground that she is minor and since his prayer was not allowed till today, he moved this writ petition before this Court in habeas corpus nature. The detenu is kept in custody with regard to Islampur P.S. Case No.5(4) 97 corresponding to GR 308(2) 97 under section 9 (4a)/14 of the Oppressio..

Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72