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Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ......contractor. The High Court Division was absolutely wrong in law in holding that appellant No. 1 was bound to obey the order of the Secretary of the concerned Ministry in this particular matter in view of the fact that the said Secretary is the “final authority”……..(8) L..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. ......) is that, when an act or commission constitutes an offence under two enactments, the offender cannot be punished twice for the same offence, though he may be prosecuted under both enactments, but in view of the non obstante clause in section 3 of the special law, the trial under the general law, na..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. ...... Chowdhury Advocates—For Respondent No. 6.
Momtazuddin Ahmed, Deputy Attorney-General with AM Aminuddin, Assistant Attorney General—For the Respondents.
Writ Petition No.1563 of 1998 with Review Petition No. 7 of 1999.
Judgment
KM Hasan J.- This Rule was issued calling upon the resp..
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. ......of restraint and who is only anticipating his immediate arrest by the police in connection with an alleged cognizable offence involving him. At one time (vide Federal Court in Khushi Muhammad) the view taken was that a person cannot be admitted to bail against whom a report has been lodged at th..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....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....... balance interest of Taka 77,43,184.25. Since respondent No.1, Agrani Bank has been constituted under the provisions of Bangladesh Bank (Nationalisation) Order, 1972 President’s Order 26 of 1972 in view of the decision in the case of Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd. r..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
.... 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. ......efore the High Court Division they have urged a now ground. 6. It is contended that the arms seized were in the possession and control of the petitioner in his capacity as President and hence in view of Article 52 (1) of the Constitution there is a complete bar against any criminal prosecution ..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
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. ......ion 14 of the Act or that due to the instigation of the said petitioners any one of the offences mentioned in the Act has been committed by the petitioner No. 1. This being the position we are of the view that framing of charge against the petitioner Nos. 2-4 under section 14 of the Act is not legal..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. ......ttracts the writ jurisdiction. 7. Aminul Haque next submits that the High Court Division acted in excess of jurisdiction in awarding a high cost of Taka 10,000.00 to the respondent. 8. In view of the highhandedness and arbitrariness of the impugned action we do not think that the High Co..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....s of Islamic jurisprudence and without hearing the views of others who may have views contrary to the learned Judges. (5) that the views on maintenance expressed by the learned Judges are wholly erroneous, contrary to Muslim Law and devoid of any reasoning and authority and (6) that the re......understanding that the Holy Quran has left the quantum of mata’a to the Godliness, sense of justice, equity and fairness on the part of the husband, since it is a voluntary payment. The liberal view (Tafsir Ibne Kasir, a disciple of Imam Shafi) is that the presentation of a suitable gift is ob..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
....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.
...... the Annexure itself that the circular was in connection with anonymous letter received against Government Servant. In the instant case the petitioner is not a Government Servant and therefore in our view he cannot rely on this Annexure. The next submission is that section 94 does not confer any pow..
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.
......t the election of any member from a particular category, the remedy is provided in Sub-Regulations 20 and 22 of Regulation 9 and under no circumstances, the entire Committee can be dissolved.
In view of the discussion made above and for the foregoing reasons the Rule is made absolute without an..
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. ......legation is that the petitioner had assaulted his victim wife with fist blow causing breaking of her two teeth over the fresh demand of Taka 50,000.00 as dowry. 6. Let us now consider whether in view of the definition of the word ‘যৌতুক’ in section 2 (cha) of the Ain the above all..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
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. ......at stake. There is no allegation that due to activities of the police petitioner could not attend his duties in the Titulia Health Centre. 17. In the above facts and circumstances, we are of the view that the petitiotiers/petitioner of the respective Rule could not satisfy us with cogent reason..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. ...... from Dhaka and Rina Begum came from Mymensingh and he was not sure as to their retrospective addresses and, as such, if they were released important witnesses would be lost. We fully appreciate this view of the learned Special Tribunal Judge. But at the same time we find that Rina Begum and Fatema ..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. ...... that sub‑section (5) of section 6 only bars taking cognizance of a case in the absence of previous sanction of the Government and as such, the impugned proceedings can not be held to be illegal in view of the fact that cognizance was taken after learned Special Judge passed the order dated 1‑12..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. ...... the decree contains a default clause that in default of the plaintiff to make 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..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
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. ......notice by the learned Sessions Judge. In the absence of any evidence of torture, threat or persuasion and even any suggestion to that effect and retraction of the confessional statement we are of the view that the confessional statement of the accused is voluntary. We have already found that victim ..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)
.... Mr. Islam argued. Finally, he submitted that the law on the subject of acceptance of an offer making it an agreement enforceable by law was not properly understood by both the courts resulting in an erroneous decision and so the law may be clarified. 12. Syed Ishtiaq Ahmed learned Counsel for......a concluded contract enforceable in law. 9. In the appeal taken by the defendant, the High Court Division in the impugned judgment dated 12 January, 1995 observed, inter alia, that: “In view of the facts and circumstances of the case and the evidence on record of both the parties and i..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. ......e petitioner's No.1 detention in Moulvibazar Jail. It appears that the petitioner No.1 is alleged to be a victim of rape and kidnapping. She is not an accused nor a witness in any proceeding. In that view of the matter the question is whether under the circumstances she can be kept in judicial custo..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
....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
......re individuals against another resulting in the death on account to any animus against the victim or for a motive such as personal vendetta. As the ground of detention assess, it was committed with a view of promote a particular political ideology, that is to say, against one who did not subscribe t..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
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