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.... 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.
......mogri Biponon Niontroner Jonno Pronito Ain 1988” (তামাকজাত বিপনন নিয়ন্ত্রনের জন্য প্রনীত আইন, ১৯৮৮) should not be enforced properly and as to why the respondents would not be directed to enact law in the light of the...... 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.
......incent Vs. Union of India, AIR 1987 (SC) 990; Subsah Kumar Vs. The State of Bihar, AIR 1991 SC 420; Ms. Shehla Zia Vs. WAPDA, 1994 PLD (SLC) 693; Dr. Mohiuddin Farooque Vs. Bangladesh 49 DLR (AD) 1.
Lawyers Involved:
Omar Sadat, Advocate—For the Petitioner (In Writ Petition No.1825 of 1999).
A..
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:
......bazar Patrika on 02.12.2000 which briefly is this. Sahida, wife of Saiful (son of Golam Mostafa), of village Atitha within Kirtipur Union Parishad under Sadar Upazilla of the district of Naogaon, was forced to marry her husband’s paternal cousin Samshul on a so-called fatwa by Hazi Azizul Huq that......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:
......tana J
Editor, The daily Banglabazar Patrika and two others.…Petitioners
Vs.
District Magistrate and Deputy Commissioner, Nagaon ……….…Respondent
Judgment
January 1, 2000.
Lawyers Involved:
M. Amir-ul-Islam, Munzil Morshid, and Dr. Shirin Sharmin Chowdhury, Advocate- F..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....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. ......ed of by this judgment. 2. The applicant Mills although not incorporated as a company under the Companies Act yet by a deeming provision in the Finance Act, 1973, it is treated as a company for the purpose of assessment of Income Tax. The assessee company obtained tax holiday benefit un......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. ......ber 8, 1999. Result: The Applications is disposed of. Cases Referred to- AIR 1964 (SC) 381; Zia Fertilizer Company Ltd.; 57 ITR (SC) 306; 80 ITR (SC) 21; VII B.T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-Ge..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. ......text of his friendship, on the night following 2-6-1993, the accused petitioner abducted his wife After futile attempts to trace his wife, the complainant opposite party No.1 filed the instant case before the learned Magistrate, First Class Panchagarh, on 7-6-1994, being Miscellaneous Case No.345 of...... 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. ......Golam Rahman (Md.) ……….Accused-Petitioner Vs. Md. Bazlur Rahman (Babu) and one other……….Opposite Parties. Judgment December 2, 1999. Lawyers Involved: Ziaul Karim with Syeda Mymuna Begum, Advocates—For the Petitioner. ..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.......tical, non-profit, voluntary social welfare organisation, and that primary object of the Association is to advocate family planning and the matters related there to persons engaged by the Association for the purpose of implementation of its primary objects upon forming Association, applied to the Re......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.......holera Research Laboratory Vs. Gobeshanagar Karmachari Union and others 43 DLR 655; Bangladesh Water Supply and Sewerage Board Vs. A Rajappa and others (1978) Supreme Court Cases 213 (12, 17, 20).
Lawyers Involved:
Khalilur Rahman with Sayeda Afsar Jahan, Advocates—For the Petitioner.
M N..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
.... 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. ...... 1898), Section 494
It is well settled that consent mentioned in section 494 of the Code of Criminal Procedure is not to be given mechanically. The Court is to exercise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which t...... 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. .......................(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:
Md. Abdul Malek, Senior Advocate (Subrata Choudhury, Advocate with him) inst..
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)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ......; The appeal is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either Board in an indivi...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ......as 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) Lawyers Involved: B Hussain, Advocate-on-Record — For the Appellant. SS Halder, Se..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. ......ected against the order dated 13-4-99 passed by the learned Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Dhaka, in Nari-O-Shishu Nirjatan Case No.43/99 rejecting the prayer of the appellants for discharging them and framing charge against them along with other accused persons under section ......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. ......R 634; Matiur Rahman Vs. State, 14 DLR 526; MSK Ibrat Vs. Commander-in-Chief, Royal Pakistan Navy, 6 DLR (SC) 128; Muhammad Farooq Vs. State, 8 DLR (SC) 135; Arfan Ali Vs. State, 42 DLR (AD) 22. Lawyers Involved: Serajul Huq, Senior Advocate, Anisul Huq, Towfika Karim, Advocates — For th..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. ......ld not be given upon the respondents as to why Ayesha Akhter (previously named as Dipali Pal Chowdhury) now detained in the Dhaka Central Jail under the guise of safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previous......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. ......R (AD) 126; BLD 1992 (AD) 154; Ayesha Vs. State, 19 DLR 681; Jahanara Begum Vs. State 15 DLR 148 DH; Profulla Chandra Chakraborty Vs. Secretary Ministry of Home Affairs 1995 BSCR (Vol. VIII) 112.
Lawyers Involved:
Tania Amir, Advocate—For the Petitioner.
Md. Abdur Rashid with Subrata Cho..
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. ....... The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and mater......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. ...... (AD) 14; Hedayet Ullah Khan vs. Crown, PLD 1949 Lahore 21; Zahur Ahmed vs. State, PLD 1974 (Lahore) 256; Crown vs. Khushi Muhammad, 5 DLR (FC) 86; Sadek Ali vs. State 18 DLR (SC) 393. Lawyers Involved: Mahmudul Islam Attorney-General, (B Hossain, Deputy Attorney-General an..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
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. ......ult: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Whether a criminal proceeding can be quashed on the ground of lodging of F.I.R. by the informant under order of the Home Ministry or on the denial of prosecution allegations by the accused ...... 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. ......se barred by law. A prosecution cannot also be quashed just because it 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..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
....he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ....................................Petitioners Vs. Shahidullah and others......Respondents Judgment February 4, 1999. Result: The review petitions are dismissed. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
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. ......hereinafter referred to as the Act and against petitioners Md. Nurul Islam, Enayet Sarder and Hasan Sarder under section 14 of the Act, are, in short, that on 10-11-1990 at about 11.00 PM while the informant Nargis Parvin, wife of Bellal Hossain Khan, having felt sick was staying in the house of Akb......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. ......Ruhul Amin J Amirul Kabir Chowdhury J Younus Ali and 3 others…… Petitioners Vs. State ……………......................Respondent Judgment January 11, 1999. Lawyers Involved: Ziaur Rahman, Advocate — For the Petitioner. Not Represented — For t..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. ......ve to appeal No. 740 of 1998. (From the Judgment and order dated 15-6-98 passed by the High Court Division in Writ Petition No.562 of 1998). Judgment Mustafa Kamal J.- This petition for leave to appeal by respondent-petitioner No.1 is from the judgment and order dated 15-6-98 passe......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. ......rticle 102 A writ petition cannot be founded merely on contract, but when a contract is concluded the contractor has a legitimate expectation that he will be dealt with fairly……..(6) Lawyers Involved: Aminul Haque, Advocate, instructed by Md. Nawab Ali Advocate-on-Record—For..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....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. ......ment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Baka......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. ......ahar Begum and another…………………………………… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is someth..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.......s Judge, Brahmanbaria in Special Powers Act Case No. 137 of 1991 convicting the appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 sentencing him to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for one year more. 2. The p......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.......Hamidul Haque J Md. Hassan Ameen J Firoz Miah……………...………Appellant Vs. State………………….………Respondent Judgment November 30, 1998. Lawyers Involved: Rabia Bhuiyan with Alamgir Al Mustafizur Rahman, Advocates — For the Appell..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.
......as well as a member thereof. The petitioner was surprised and shocked when the respondent No.3 served a Memo No.758 dated 6- 10-93 purportedly written under section 161 of the Criminal Procedure Code for examining the petitioner in relation to the facts and circumstances of which was stated to be th......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.
......espondents
Judgment
November 15, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Mustafizur Rahman and ors. Vs. DG Anti-Corruption and ors, 49 DLR 599.
Lawyers Involved:
MI Farooqui with M Saleemullah and Md. Ruhul Quddus (Babu), Advocates —..
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.
......g of 10 members of whom 4 (four) are i.e. elected by the Guardians, 2 (two) by the teaching staff, 1 (one by the founders, 1(one) by the Donors and 1 (one) is nominated by the department of Education for the category of persons interested in education while the Headmaster of the School acts as ex of...... 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.
......nt
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)
Lawyers Involved:
Zakir Hossain Munshi, Advocate—For the Petitioner.
Md. Nurul Islam..
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.......on No. 864 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution ca......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....... Vs. Quyum Khan and others………………………Opposite Parties Judgment July 12, 1998. Case Referred To- Bijoy Krishna Paik and another Vs. Mamtazuddin Sk, 12 DLR 63 (4). Lawyers Involved: Not represented— the Petitioners. Md. Jahurul Islam Mukul, Advocate—For ..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. ...... cause as to why proceedings of Nari-O‑Shishu Nirjatan Bishesh Bidhan Case No.491 of 1997 pending in the Court of Nari‑O‑Shishu Nirjatan Bishesh Adalat, Dhaka should not be quashed. 2. Informant opposite party No.2 Ramaboti Roy lodged GD entry No.323 dated 6‑8‑97 with Kotwali PS Mym......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. ......lader Vs. State, 46 DLR (AD) 169; Mihir Lal Saha Poddar Vs. Zhunu Rani Saha, 37 DLR 227; Reazul Karim Vs. 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, Attorne..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
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