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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. ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ...... No. 1 to pay a sum of Taka 24,90,724.25 to the writ petitioner, respondent No.1 herein, within 60 days from the date of receipt of the copy of the impugned judgment. 2. Shortly stated the facts of the case are that, the Executive Engineer, Khulna Division-II of Bangladesh Water Developm..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. ......as further held that the principle of res judicata does and should apply to criminal proceedings in the same way as to civil proceedings inasmuch as a person cannot be called upon to contest the same question over and over again. But in order that the said principle may apply, the necessary ingredie......e Act against the remaining accused persons in the aforesaid case. These two appeals are taken up together for the sake of convenience and brevity as they arise out of the same case and commonness of facts and law being involved. 2. The case arises out of an occurrence that took place on the ni..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. ......erved by her in-laws on 7-3-98 and accordingly, their marriage was registered at Kazi Office of 9 Vadra Union Parishad, under PS Nagarpur, District Tangail on 9-3-98 (Annexure B and B-1). The girl in question belongs to a Hindu family which refused to accept her marriage to a Muslim boy. She finally......e hundreds and thousands of such innocent women and girls across Bangladesh who are detained in jail against their will and yet there is no allegation of having committed any crime by them.
4. The facts, in short, are that, respondent No.6 Dilip Pal Chowdhury lodged an FIR with Sutrapur PS to the..
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. ......t Division in recent times (as in the present cases) upsetting the ordinary law of seeking bail from the Court taking cognizance of offence at the first instance. 2. Before entering into the question at issue, the facts of the two cases may be briefly noticed in order to appreciate the ge......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 materials disclosed by the petitioner before it that the criminal proceeding which is bei..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.......est from different Banks by exerting his influence as a Director. Thereafter, by letter dated 13-7-97 earlier decision of remission of interest of the petitioner was kept in abeyance. 5. Now the question is, whether respondent No.1 can be directed to allow the petitioner to pay the balance inte......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)
.... 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. ......R. by the informant under order of the Home Ministry or on the denial of prosecution allegations by the accused In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in t......on allegations by the accused In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in the FIR and the charge‑sheet. The accused's general denial that the facts dis..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. ......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. ......y executed and registered and, as such, the suits are to be dismissed. 4. Mr. Moksumul Hakim, learned Advocate appearing for the plaintiff-petitioners submits that judgment of this Division some facts were not reflected as those were not argued by the learned Advocate for the petitioner at the ..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. ......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. ...... the accused petitioners under sections 9(kha) and 14 of the Act. 6. Petitioners thereupon moved this Court and have obtained this Rule. 7. Learned Advocate for the petitioners submits that facts stated in the FIR and in the police report and that facts stating which charge under sections ..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
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. ......J: 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 Bakara) itself. But the whole question is whether Mataa can be equated with maintenance as has been done by the High Court Divisio......beyond the period of iddat for an indefinite period, that is to say, till she loses the status of a divorcee by remarrying another person”, is supportable or not both on merit as well as in the facts and circumstances of the case. We have had a prolonged hearing of the appeal in course of whic..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.......that no poison was found in the viscera which was sent for chemical examination. Some of the local witnesses also stated that they saw marks of injuries on the body of the deceased. So, as regard the question whether the death was a murder or suicide, this much is clear that it was not a suicide. ......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...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.
......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.
......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 the subject matter of File No.3/Dar/932. The origi..
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.
...... 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.
......is illegal, malafide and without jurisdiction; that upon a complaint filed by respondent Nos. 3 and 4, respondent No. 6 as enquiry officer submitted a motivated report by suppressing certain relevant facts and managed to have the subsequent committee approved; that respondent No. 3 Md. Fazlul Huq Ga..
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.......ng the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Procedure has been called in question. 2. Short facts relevant for the purpose of the case are that, the petitioners as compla......prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Procedure has been called in question. 2. Short facts relevant for the purpose of the case are that, the petitioners as complainants instituted a su..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. ...... in view of the definition of the word ‘যৌতুক’ in section 2 (cha) of the Ain the above allegations constituted any offence under section 11 of the said Ain. 7. To resolve the above question we are to look back to the legislative history. Curse of dowry in our country is of recent ......t marriage or vice versa" as held by the Appellate Division in 46 DLR (AD) 169 and there is no scope for giving meaning to the said word as defined in section 2 of the said Act. 17. In the above facts and circumstances we are of the view "যৌতুক" (dowry) has been used in section 11 of ..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. ......of Bangladesh in Civil Petition for leave to appeal No.438 of 1997. Their Lordships of the Appellate Division also affirmed the decision of this Division and directed that the said Trade Mark Suit in question should be heard and disposed of by trial Court in accordance with law. But unfortunately, f......ate for the petitioner, giving a background of the case, has submitted that there was a previous Trade Mark case in respect of the self‑same property between the same parties. Having considered the facts and circumstances of the case the Court below earlier granted injunction in the said Trade Mar..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. ......, Mymensingh. 3. In both the Rules respective petitioners/ petitioner were/was enlarged on anticipatory bail on the date of issuance of the respective Rule. Both the Rules having involved common question of law are being disposed of by this Judgment. 4. Informant Roni Akhter lodged FIR on ......efore this Court the case record was received by the Court below and possibly warrant of arrest and proclamation and attachment as prayed for by the police was issued by the Court below. In the above facts and circumstances we find no cogent reason on their part for not surrendering before the Magis..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
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. ...... defendants willfully suppressed the said documents from production in court. The broad fact remains that the trial court also accepted the certified copies of the kabalas. 6. With regard to the question of possession it may be stated that the trial court found that the plaintiffs have no ......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
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....... Revision No.1315 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the complainant arising out of an application under section 439 of the Code of Criminal Procedure calls in question the judgment and order dated 22-8-1995 passed by the Sessions Judge, Gopalganj in Sessions ......parties No.2 to 8 from the case instead of taking cognizance against them under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 by starting a Special Tribunal Case. 2. The facts relevant for the disposal of the present Rule is that, the petitioner as complainant filed a p..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. ......no hesitation in holding that death of the victim was not due to any illness but was due to injury sustained by her. Hence it was not a case of natural death but was a homicide. 17. Now the next question is, who has caused the homicide of the victim Sukitan in the house of her husband accused A......ot true being contrary to other evidence on record. 22. In view of our above finding the reference cannot be accepted as the accused is not guilty under section 302 of the Penal Code. But in the facts and circumstances of the case and evidence on record we find him guilty under Part I of sectio..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. ......ce of the defendant arises out of a suit for specific performance of contract for sale of the suit property, Title Suit No.34 of 1991 of the (new) Court of Subordinate Judge, Narayanganj and the moot question for consideration is whether the trail court and the High Court Division in appeal, FA No. ......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 in view of th..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
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