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.... 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 ......rt
High Court Division
(Special Original Jurisdiction)
Present:
Mohammad Gholam Rabbani J
Nazmun Ara Sultana J
Editor, The daily Banglabazar Patrika and two others.…Petitioners
Vs.
District Magistrate and Deputy Commissioner, Nagaon ……….…Respondent
Judgment
J......m; but do not take them back to injure them, (or) to take undue advantage; if any one does that, he wrongs his own soul’ (2:231). (Quoted from the Holy Quran, Text, Translation & Commentary, by Abdullah Yousuf Ali, 3rd Edition.)
6. Dissolution of marriage by uttering the word ‘Talaq’ on......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 important 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......isdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Sunderban Taxtils Mills………………………………………………………..Applicant Vs. The Commissioner of Taxes………………………………………………..Responde......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. ......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.......reme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Ruhul Amin J
SK Sinha J
Bangladesh Paribar Parikalpana Samity…………………………Petitioner
Vs.
Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents......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.......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:
......
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......3)
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 (Subrata Choudhury, Advocate with him) instructed by Md. Aftab Hossain,...... 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)
....; ......t: 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……………………………………………Re...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ...... 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)
....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. ......D) (1999) 473. ......of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (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. ..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....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 ......) (2000) 234. ......rpur, 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)
.... 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......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. ...... 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. ...... 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. The ..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......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)
....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......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. ......was initiated at the instance of the Home Ministry. Cases Referred to- Sudbanya Bawali & others Vs. Emperor 18 Cr. Law Journal 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 Cho...... 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...... 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. ......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......hellip;…………………………………………………………..Appellant Vs. Shamsun Nahar Begum and another…………………&hel......AIR 1918 Mad 998 and Fazal Din and others vs Milkha Singh AIR 1933 Lab 193; Firm Sriniwas vs Mahabir Prasad, AIR 1951 (SC) 177; Om Prakash vs. Ram Kumar, AIR 1991 (SC) 409; Secretary to Govertment vs Abdul Kafil,PLD 1978 (SC) 242; Safura Khatoon vs Osman Gani and others, 9 DLR 455; Marium vs Kadir B......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......sion
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Imtiazur Rahman Farooqui (Md.) (MI Farooqui)…...........……Petitioner
Vs.
Bureau of Anti-Corruption and Others………...........…Respondents
......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.
......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......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.
...... 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 ...... 603. ......ccordance 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
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......: 50 DLR (HCD) (1998) 587. ......halilur Rahman another District Judge‑in‑charge fixed 31‑5‑98 for hearing. Then on 31‑5‑98 the plaintiff being present and the application for injunction was placed for hearing before Mr. Abdul Hamid the another District Judge‑in‑charge, Dhaka but no ad interim injunction was passed ......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)
.... 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. ......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. ......r 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)
....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. ...... 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 ......peal No.106 of 1996 has been filed under section 30 of the Special Powers Act. 5. Aforesaid two victim girls, Fatema Begum and Rina Begum, were sent to Chittagong District Jail. Subsequently one Abdul Malek filed an application on behalf of Fatema Begum and one Shahidullah filed another applica......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)
....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. ......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. ......and another.............Opposite Parties Judgment February 12, 1998. Result: The Rule is made absolute. Case Referred to- 48 DLR (AD) 167. Lawyers Involved: MA Wahab Miah, Advocate ‑ For the Petitioners. Syed Abu Kowser, Assistant Attorney‑General - F..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
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...... 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. ......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
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