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State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......was translated in the language of the declarant and that the same was explained to the declarant and that the declarant admitted the correctness of the statement of Dying declaration so recorded. The absence of certificate as mentioned therein above in the dying declaration (Exhibit 2), which was re......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
.... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
..
Category: Health Law | Date: 7 Feb, 2000 | Hits: 500
....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:
......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:
......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)
....he case of Zia Fertilizer Company Ltd. (the reference applications No.14 and 16 of 1995) submits that an assessee may become losser when the benefit of tax holiday is available if in computing the total income of the assessee interest income is treated as income from other sources but that cou......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
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......fore the learned Magistrate but without a police report in writing as envisaged under sub-section (1) of section 27 of the Special Powers Act and, as such, violative of the said provision and without jurisdiction. On a plain reading of sub-section (1) of section 27 of the Special Powers Act, 1974 it..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
....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.......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
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
....the present nature for its own information and knowledge. But to issue a mandatory direction on a Board requires a backing of some law which the concerned Ministry does not have. It was, therefore, totally inappropriate and uncalled for the High Court Division to opine that the writ petitioner wa...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ...... authority to give the aforesaid direction and Bangladesh Water Development Board had no obligation to comply with such direction under the law. Therefore, the High Court Division acted beyond its jurisdiction in issuing a writ of mandamus in that behalf. Leave was also granted to consider the s..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. ......person is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged in respect of a single act or series of acts, then, subject to absence of prejudice, the accused may be convicted of the offence, which he is shown to have committ......titioners appealed to the Sessions Judge, but got no relief and then obtained the Rule before the High Court In this case it was observed by the Division Bench that the learned Sessions Judge had, no jurisdiction to set aside the order of acquittal and direct the Magistrate to commit the petitioners..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....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. ......e Nari-o-Shishu Ain, which was not availed of by the aggrieved party, the presence of the father of a minor girl bars locus standi to others to challenge the safe custody in writ jurisdiction and the absence of characteristics of pro bono litigation as it invokes the grievance of one person only and......nder section 24 of the Nari-o-Shishu Ain, which was not availed of by the aggrieved party, the presence of the father of a minor girl bars locus standi to others to challenge the safe custody in writ jurisdiction and the absence of characteristics of pro bono litigation as it invokes the grievance o..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....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. ......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. ......d they were granted ad- interim (anticipatory) bail pending hearing of the Rules which were issued at the same time. 10. The learned Attorney-General submits that he does not dispute the jurisdiction of the Court to grant pre-arrest or anticipatory bail under section 498, Code of Crimi..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....tion to repay the balance of interest within 5(five) years. But the petitioner did not deposit the required instalments and failed to get the remission interest. Again, in 1995 petitioner was allowed total remission of interest of 35,34,772.00 on condition of paying balance amount within one year. B......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
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. ......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. ......king the anomaly during re examination to be correct; but to cancel the contract unilaterally without regard to subsequent developments is a high fear of arbitrariness which rightly attracts the writ jurisdiction. 7. Aminul Haque next submits that the High Court Division acted in excess of jur..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
.... Taka 2,000.00 claimed to have been spent by plaintiff No I at the time of the birth of plaintiff No.2, holding that the Family Court Ordinance did not provide for realisation of any such amount. The total decretal amount was reduced from Taka 89,000.00 to Taka 72,600.00. The defendant-appellant was...... income. Mrs. Rabeya did not specifically reply to this submission either in her oral or written submissions. 90. We do not understand why the learned Judges considered this matter at all in the absence of the appellant when the only two points raised by the appellant in the civil revision were......f 1908), section 115 Per A.T.M. Afzal CJ: Before the High Court Division it is the defendant who took a revision against the judgment and decree passed by the learned District Judge and its jurisdiction was to see if there was any error of law committed by the Subordinate Court resulting i..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....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.......dinance, 1983 the punishment provided is same as provided under section 302 of the Penal Code, but by including the offence of the above Ordinance in the schedule to the Special Powers Act, 1974, the jurisdiction of the Sessions Court has been ousted. Now, as the death is proved but not for demand o..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....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.
......ther section 94 of the Code of Criminal Procedure nor Articles 31/50 of the Anti-Corruption Manual authorises the issuance of a direction to produce any information as distinct from a document in the absence of any specific case in relation to which it is relevant. There cannot be an order for whole...... Supreme Court of Bangladesh and practices in both the Divisions of the Court. He joined the District 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..
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.
......nment Intermediate Colleges) Regulations, 1977 being that the Divisional Commissioner must recommend and if the Board is satisfied with such recommendation, the Board can pass necessary order. In the absence of any dissolution of the Governing Body of the Ideal School and College on the ground of in......der dated 14-9-96 (the impugned order Annexure- J).
6. Mr. Zakir Hossain Munshi, learned Advocate appearing for the petitioner submits that respondent Nos. 1 and 2 most illegally and without any jurisdiction passed the order of dissolution of the managing committee as a whole although there was..
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.......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.......e has been executed and fully satisfied there remains nothing more for the Execution Court to do. The amendment in the schedule of the plaint is a matter of the trial Court and is welt outside of the jurisdiction of the Executing Court, whose function is limited to execute the decree in terms of the..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....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. ...... Division in 46 DLR (AD) 169 having held that under section 2 of the said Act "dowry" will mean any property or valuable security given or agreed to be given at or before or after marriage and in the absence of any allegation in the FIR that money demanded on the date of occurrence had already been ......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)
....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. ......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. ......posed of with the above observation and direction. When any matter is placed before a Court of law for hearing, it is incumbent upon a particular judge to decide the matter in the exercise of his jurisdiction within his competence in accordance with law and also in the interest of justice with m..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
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. ......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
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