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Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....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. ...... This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......9(kha) and 14 of the Act as has been framed by the Tribunal do not disclose and constitute any offence under the provisions of law hereinbefore mentioned, the charges so framed are misconceived and illegal and that continuation of Nari-O-Shisu Nirjatan Case No.20 of 1997 of the Court of Nari-O-Shisu..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
.... when the woman has been divorced before consummation in circumstances where no mahr has been set (i.e., in circumstances where, had the marriage been consummated, she would have been entitled to the proper mahr or the mahr of her equals). It is, however, “laudable” to give the divorced ......p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&...... be found within the framework of the suit and not beyond. Learned Judges’ interference with the appellate decree reducing the amount to Taka 600.00 per month for the maintenance of the son was legally bad on principle, for, the plaintiffs never complained against the said reduction.…&h..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....ection 26 of the Special Powers Act is not empowered to try that offence as the same offence is not included in the schedule to that Act. So, trial of the present case by the Special Tribunal was not proper. 8. The above anomalous position arose because of the fact that the offence of committin......ant. AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hamidul Haque J. - This appeal is directed against the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers ......cision of the Tribunal. However, we have found that the death was not suicide and was caused not for dowry. Whether the offence committed is an offence under section 302 or 304 of the Penal Code, the legal position is that Tribunal constituted under section 26 of the Special Powers Act is not empowe..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
.... Bar in 1971 and the Supreme Court Bar in 1976 and has distinguished himself in civil and original jurisdictions and appeared in many leading cases. He is the author of a book on the law of abandoned property. He is also a regular contributor of articles on constitutional and legal matters in law jo......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...... the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/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 ..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
.... 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......g 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 lawful authority and to be of no legal effect.
2. Mollah Habibur Rahman, Chairman Dudhal Kabiraj Pilkhana (DKP) High School, Bak..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....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. ...... State…………….......................Petitioner Vs. Afazuddin Sikder………………..Respondent Judgment November 24, 1997. Result: The Reference is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorne.......W.9 Korban Ali brought before him accused Afaz on 17-10-92 and he recorded his confessional statement after giving him time for reflection. He recorded the confessional statement after observing all legal formalities. Accused made the confessional statements voluntarily and the same was true. The s..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)
....s Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2% of the offered....... 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:......pondent No.1 being in possession of the suit property had to wait because of such verbal assurance of the officials of the appellant. 4. For reasons not known to the respondents the appellant illegally evicted the respondents from the suit property on 29-6-1990 by force with the help of police..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....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. ......r Jail should not be produced before this Court so that this Court may satisfy itself that the said detenu is not being held in custody without any lawful authority in an unlawful manner and is of no legal effect. 2. The case of the petitioner is, in short as follows: The petitioner No.1 R..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
....ecified in s. 3 of the Act, in relation to which only a valid order, of detention there under could be made.”
In that case their Lordships further observed:
“As to the proper connotation and the scope of the concept of public order as distinguished from the concepts o......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)
....- in-Charge of Puthia Police Station under G.D. Entry No. 601 dated 20.6,76 under the Martial Law Regulations 7(2) (C) on the allegation, inter alia, that the accused-petitioner occupied forcibly the properties of Puthia Raj Estate. These properties were subject of an illegal and invalid exchange wi......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......6,76 under the Martial Law Regulations 7(2) (C) on the allegation, inter alia, that the accused-petitioner occupied forcibly the properties of Puthia Raj Estate. These properties were subject of an illegal and invalid exchange with the owner and the documents of exchange are forged. The petitioner w..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....ossession of the house on the basis of purchase by petitioner No.1 Mrs. Nurunnahar Begum from the original owner Mr. Shawkat Sadullah and her name having been mutated and she having orally gifted the property in question to the other petitioners and the Joint Survey Team of the Abandoned Property Ma......is case is also Reported in:49 DLR (HCD) (1997) 432. ......nue at serial No.42 in the 'Kha' list of abandoned buildings published in the Bangladesh Gazette dated 23rd September, 1986 should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materi..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
.... compelled to sub‑let the suit premises to defendant No.2. 4. Case of defendant No.2, as made out in his written statement, appears to be that one Abdul Habib Khan was the landlord of the suit property and Abdul Malek was the tenant under him. On the death of said Abdul Malek his wife Nazma B......is case is also Reported in: 49 DLR (HCD) (1997) 561. ......nd did not pay any further rent in spite of repeated demands by the plaintiffs. In this way defendant No.1 became a habitual defaulter. It has been further alleged in the plaint that defendant No.1 illegally inducted defendant No.2 in the suit premises as a sub‑lessee beyond the knowledge of the p..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......charged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......ccused appellants, has taken me through the First Information Report charge framed in the case, evidence and the impugned judgment and other connected papers. He submits that in this case there is no legal evidence on record to warrant an order of conviction against the accused appellants. He furthe..Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
....e case back on remand to the said Adalat directing the Adalat to re-hear the case and to fix a date for framing of charge/preparation of accqusation and to pass necessary order as the Adalat may find proper. 4. Mr. MA Wahhab Miah, learned Advocate for the petitioners, submits that the High Cour...... ......her, the informant and voluntarily married petitioner No. 1, she being a major of 18 years. As the decision not to take cognizance was taken on consideration of the materials on record there was no illegality in the impugned judgment of the said Adalat and the High Court Division erred in law in int..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....titioners namely, Md. Abdus Samad Khan, Md. Rafiquddin Mollah, Md. Mozibur Rahman and Habibullah Bhuiyan should not be quashed or such other or further orders passed as to this Court may seem fit and proper. 2. Heard Mr. Shawkat Ali Khan, the learned Advocate appearing for the petitioners and Mrs......lso Reported in: 50 DLR (HCD) (1998) 143. ......e present petition under section 561A of the Code of Criminal Procedure for quashing the proceeding. 8. Mr. Shawkat Ali Khan, the learned Advocate appearing for the petitioners, has challenged the legality of the proceedings as a whole only on one ground i.e. as per provisions of section 5(6) of ..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....t between the appellant and the respondent, fanned its wings, thanks to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enfo...... Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240);...... it was only on January 15, 1994 that the appellant was constrained to address a letter to the Manager, Bangladesh of the respondent complaining that the appellant-company was being unjustly and illegally interfered with by the Bangladesh officials of the respondent causing a loss of more than T..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....No. 1.
Writ Petition No. 786 of 1991.
Judgment
Md. Ruhul Amin J.- Petitioner has obtained this Rule calling upon the respondents to show cause why they shall not be directed to exclude the property being Holding No.10-B, 11-8 Mirpur Housing Estate from the list of Abandoned Properties and...... Original Jurisdiction)
Present:
Md. Ruhul Amin J
Zakir Ahmed J
Akhtar Hossain……………………….Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works and others……….Respondents
Judgment
March 13, 1997.
Lawyers Involved:
Salimulla......aving made offer to sell the property the said Mazahar Ali had paid 20% of the consideration money. It has also been contended by the Government that treating of the property as abandoned property is legal and, as such, listing of the same in the list of Abandoned Buildings and that publication of t..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....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. ......ehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committing contempt of Court of the Special Judge, Nari-o-Shishu Nirzatan Doman Adalat, Barisal and why he should not be punished accordingly. 2. In this case one Subbatara Begum is the petit......s explanation it appears that he has realised his mistake and admitted his fault. He expressed his sorrow for such mistake. The learned Special Tribunal Judge is also a human being. He might commit a legal mistake, so, this later portion of his explanation is sufficient for the purpose. But his expl..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
......Suraiya Rahman………………….………Petitioner
Vs.
Skill Development for Underprivileged Women represented by its Project Director and ors…………………………...Respondent......yright Board (Annexure‑B) rejecting the appeal filed by the petitioner under section 76 of the Copyright Ordinance, 1962 shall not be declared to have been passed without lawful authority and of no legal effect.
2. Respondent No.1, Skill Development for Underprivileged Women submitted 20 appl..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
.... 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.
......riginal Jurisdiction)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Ali Akbar (Md.).....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land and others................. Respondents
Judgment
August 5, 1996.
Result:
The Rule is......Ali Akbar was issued calling upon the respondents to show cause as to why order dated 26‑12‑89 passed by the respondent should not be declared to have been made without lawful authority and of no legal effect.
2. Petitioner’s father and 13 others took Pattan of 14 Anna share of Kamraghop Be..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
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