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

.... When the accused persons are still absconding 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 (...... Present: Latifur Rahman J Bimalendu Bikash 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........................Responde...... 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. ...... 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: Md. Abdul Malek, Senior Advocate (Subr..

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

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

.... 473. ......D) (1999) 473. ......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......li and others Vs. Abdul Mamith, 8 DLR 634; Matiur Rahman Vs. State, 14 DLR 526; MSK Ibrat Vs. Commander-in-Chief, Royal Pakistan Navy, 6 DLR (SC) 128; Muhammad Farooq Vs. State, 8 DLR (SC) 135; Arfan Ali Vs. State, 42 DLR (AD) 22. Lawyers Involved: Serajul Huq, Senior Advocate, Anisul Huq,..

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)

....azi Mskhlesur Rahman Vs. Bangladesh 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1, SP Gupia Vs. Union of India AIR 1982 (SC) 149; 43 DLR (AD) 126; BLD 1992 (AD) 154; Ayesha Vs. State, 19 DLR 681; Jahanara Begum Vs. State 15 DLR 148 DH; Profulla Chandra Chakraborty Vs. Secretar......) (2000) 234. ......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. ......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)

....vision (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J State………………… Appellant Vs. Abdul Wahab Shah Chowdhury……………….Respon......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J State………………… Appellant Vs. Abdul Wahab Shah Chowdhury……………….Respondent Judgment May 25, 1999. ......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. ...... Court Division or Court of Sessions at the option of the petitioner. ………………………(46)  Cases Referred to- Crown vs. Khushi Muhammad, 5 DLR (FC) 143; Sadiq Ali vs. State, 18 DLR (SC) 393; Muhammad Ayub vs. Mohd Yaqub, 19 DLR (SC) 38; Zahoor Ahmed vs. Stat..

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

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.......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)

.... 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. ......hmed 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 Rahim vs. Stale & others, 35 DLR 100. Lawyers ..

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. ...........Respondents Judgment February 4, 1999.   Result: The review petitions are dismissed. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. None represented—For the Respondents (..

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. ......d. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ..

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

Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)

....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. ...... Division (Civil) 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 ......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. ......ut when a contract is concluded the contractor has a legitimate expectation that he will be dealt with fairly……..(6) Lawyers Involved: Aminul Haque, Advocate, instructed by Md. Nawab Ali Advocate-on-Record—For the Petitioner. Md. Fazlul Karim, Senior Advocate, instructed by ..

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

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.   ......three pieces of cloth sufficient for a divorced woman to pray. The maximum that can be given is half of the dower money fixed. But, of course, instances have been provided to us that Hazrat Hasan Bin Ali (R) gave his divorced wife 10,000 Dirhams in those days. It is our understanding that the Holy Q..

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

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. ...... 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)

....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. ......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

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. ......arch 15, 1998. Result: The petitions are dismissed. Lawyers Involved: Khondkar 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, Ad..

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. ......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

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

....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. ......M Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Idris Shaikh………………….Petitioner Vs. Jilamon Bewa and others……………....Respondents Judgment Dece......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. ......e the requisite payment within the period fixed by the court the suit shall stand dismissed. Nothing to differ with the view…………………….(5) Case Referred to- Ashraf Ali @ Uddin Mondal and another Vs. Bayla Hasda and others, 17 DLR 593. Lawyers Involved: ..

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

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. ......and her parents paid Taka 2,300.00 to meet such demand. Accused had orally divorced the victim on 2/3 occasions but she was again taken back at the intervention of the local Moulvis. P.W.4 Md. Yeasin Ali, a relation of the accused informed the informant at about 11-00 AM on the next day of occurrenc..

Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151

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