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Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

....e learned Advocate has referred to the impugned order as contained in Annexure-’J’ wherefrom we find that the Managing Committee of the School was dissolved by respondent No. 2 namely the Inspector of Schools, Board of Intermediate and Secondary Education, Jessore on the opinion of their...... 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. ......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..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

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. ....... Mst. Taslima Begum, 40 DLR 360; Ajit Kumar Pramanik Vs. Bakul Rani Pramanik; 46 DLR 290. Lawyers Involved: SS Halder, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Attorney‑General in‑charge, M Faruq, Deputy Attorney‑General and Munshurul Huq Chowdhury, Deputy Attorney......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. ......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 ..

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. ......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. ......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..

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. ......ustafizur Rahman with Saifuddin Md. Aminur Rahman, on behalf of Rabia Bhuiyan, Advocates ‑ For the Petitioner (In Criminal Miscellaneous Case No. 2036 of 1998). Abdul Wadud Bhuiyan, Attorney‑General‑in­-charge with Al Faruq, Deputy Attorney‑General, Munshurul Huq Chowdhury, Deputy Atto...... 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)

.... No.19 of 1998 that this matter should be heard along with Criminal Appeal No.106 of 1996. By this judgment we will dispose of both the appeal and the Rule. 2. On 21-1-95 one Md. Manik Miah, Sub-Inspector of Police, Detective Branch, Chittagong, lodged First Information Report with the Double M...... Alam, Advocate - For the Petitioner (In Criminal Misc. Case No.19 of 1998). Abu Salek, Advocate - For the Appellant (In Criminal Appeal No.106 of 1996). Syed Abu Kowser, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.19 of 1998 with Criminal Appeal No.106 ......8 that this matter should be heard along with Criminal Appeal No.106 of 1996. By this judgment we will dispose of both the appeal and the Rule. 2. On 21-1-95 one Md. Manik Miah, Sub-Inspector of Police, Detective Branch, Chittagong, lodged First Information Report with the Double Mooring Police......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. ......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. ......f 1998 are disposed of by a common judgment as the fact and law involve therein are similar. The plaintiff petitioners filed Title Suit Nos.43 and 44 of 1991 in the Court of Assistant Judge, Chatkhil Police Station, District-Noakhali for cancellation of two kabalas, being, Kabala Nos.3466 and 3467 r......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. ..

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

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. ......t: 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 - For the State. Syed Ziaul Karim, Advocate ‑ For the Opposite Party. Criminal R......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

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.......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.......and the opposite parties caused to disappear her dead body to hide their guilt. 3. The learned Magistrate on receipt of the petition of complainant sent the same to the officer-in-charge Gopalganj Police Station to treat the same as FIR and submit report after investigation. Thereafter, the polic......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...

Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167

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. ......…..Respondent Judgment November 24, 1997. Result: The Reference is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. Death......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. ......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. ..

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. ......d by the defendant earlier. He also submits that as per the Bangladesh (Freedom Fighters) Welfare Foundation Order, 1972(Presidents Order No. 94 of 1972), the Managing Director or for that matter the General Manager of the Trust had no authority to negotiate and sell the property without the approva......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. ......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..

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. ......s. Gayeswar Nath and State, 1989 BLD 469; Sree Tarapada Sarker Vs. State and others, 17 BLD 379. Lawyers Involved: Tania Amir, Advocate ‑ For the Petitioner No 1. KS Nabi, Attorney‑General ‑ For the Respondents. Writ Petition No.5816 of 1997. Judgment Mainur Reza......t, 1995 and under sections 366, 376, 380 and 457 of the Penal Code. Following the said complaint case the learned Magistrate made an order on 1‑6‑96 directing the Officer-in-Charge of Moulvibazar Police Station to treat the complaint case as an FIR. Accordingly a Police Case was started on 7‑6......l Jurisdiction) Present: Mainur Reza Chowdhury J Md. Hamidul Haque J Rehana Begum and another…………………………..................Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgment September 4, 19..

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)

....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       ......d order in accordance with law. The last contention of Mr. Paul was that there was no basis or materials for passing the detention order gains the detenu. 5. Mr. A. H. Chowdhury, Deputy Advocate General appeared on behalf of the respondent and placed the entire file before this Court. We have g......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       ......rul 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 others...................Respondent Judgment August 24, 1977. Result: ..

Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....rious allegations which have been denied in the counter-affidavit filed by the Government and are not necessary for the disposal of this Rule. 3. The First information Report filed by the Circle Inspector of Puthia Circle. Rajshahi on 5.7 76 refers to a civil suit being Title Suit No. 102 of 19......itor Vs. A.T. Mridha, 26 DLR (SC) 17; S.R. Kapur Vs. State. ATR 1960 (SC) 866. Lawyers Involved: S. S, Halder, A. Y. Mashiuzzaman—For the Petitioner. K. A. Wahdb, Deputy Advocate-General— For the State. Criminal Revision No. 381 of 1976. Judgment K.M Subhan...... resignation. On 20-6-76 the petitioner was arrested and beaten mercilessly by the police and subsequently an information was lodged by the opposite party No. 4, the Officer- 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 ......been filed by the Assistant Custodian of Vested Properties (Land and Building). The petitioner has filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh being Writ Petition No. 53 of 1976. The said Writ Petition and title suit filed by the Go..

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

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

....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. ......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. ......a)/14 of the Oppression to Women and Children (Special Enactment) Act, 1995. 3. It is stated in the application that this victim girl was kidnapped by the accused and an FIR was lodged in Islampur Police Station which was registered as Islampur P.S. Case No.5 dated 28‑4‑97 which afterwards ha......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. ..

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

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

....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......bout such inclusion of their house in the said list. Their further case is that, the house was never an abandoned property and the vendor Shawkat Sadullah was a resident of Bangladesh and employee of General Electric Company and was in possession of the house fill his transfer to the petitioner No.1......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......inal Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Nurunnahar Begum and others………………………………Petitioners Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Ramna, Dhaka and..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

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.......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.......sed were arrested by the Madhu Khali police station police on being informed by one Bakul Khan. The informant lodged ejahar on the next day i.e. on 25-1-92 at 9-45 AM with the Kotwali police station. Police after investigation submitted charge sheet against the accused appellants. 3. During trial......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...

Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159

Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)

..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......18 years, that she was in love with petitioner No. 1 Mohiuddin and voluntarily married him under a registered Kabinnama. In proof of the marriage the Nikhanama and a medical certificate issued by the Bangladesh Institute of Cardio Vascular Diseases (Suhrawardy Hospital) showing her age to be 18 year..

Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99

Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

....ce station who submitted charge sheet against 2 accused persons under sections 467/468/471/409/109 of the Penal Code and the case was yet to be transmitted to the trial Court (Special Judge). The CID Inspector then stated that the case was not properly investigated by the afore mentioned Investigati......scharged. Lawyers Involved: Shawkat Ali Khan with Fariduddin Reza, Fazlul Hoque Khan, Khurshid Alam Khan and Md. Asaduzzaman, Advocates - For the Petitioners Sufia Khatun, Assistant Attorney-General - For the State. Criminal Revision Case No. 453 of 1994. Judgment Badrul Islam Chou......aring for the State. 3. Mr. MA Razzak, Deputy Assistant Director, Bangladesh Rifles, Pilkhana, Dhaka on behalf of the Director General of the force sent a written FIR to Officer-in-Charge, Lalbagh Police Station on 12-12-1991 alleging, inter alia, that some employees of the office of the Director......se No. 453 of 1994. Judgment Badrul Islam Choudhury J.- Rule was issued calling upon the opposite parties i.e. the State and MA Razzak, Deputy Assistant Director, on behalf of Director General, Bangladesh Rifles, to show cause as to why the proceedings in Special Case No.45 of 1993 arising out..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67

Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)

....a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......notice under section 3 of the Ordinance was served in the locality of the land in question. According to the petitioner, he had set up a dairy and poultry farm on his land after taking loan from Arab Bangladesh Bank and further the said land is situated in the commercial area of Chittagong and not s..

Category: Property Law | Date: 25 May, 1997 | Hits: 92

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......ecord— For the Appellant. Sigma Huda, Advocate (appeared with leave of the Court), instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent. KS Nabi, Attorney-General, & Rafique-ul-Huq, Senior Advocate — Amicus Curiae Dr. Kamal Hossain & Dr......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Bangladesh Air Service (Pvt) Ltd……………….Appellant Vs. British Airways PLC â€..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267