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Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....ow the question is, whether respondent No.1 can be directed to allow the petitioner to pay the 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 o......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)
....rom foreign heads of governments, and described as such; that under Rule 3 with the Schedule 1, Clause I (a) of the Arms Rules, 1924 the petitioner as a former president is exempted from the relevant provisions of the Arms Act, 1878; and that admittedly the arms were surrendered and /or delivered to...... disclosed in the FIR are not true will not do. To succeed the accused must show that the facts alleged by the prosecution do not constitute any offence or that the prosecution is otherwise barred by law. A prosecution cannot also be quashed just because it was initiated at the instance of the Home ..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. ......ted the said Cherag Ali from giving his LTI's. He thereby wants to argue about the irregularities at the registration of the kabalas. 5. The learned Advocate could not point out any error of law apparent on the face of the record in the impugned judgment of this Division to attract review. ..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....in the FIR and in the police report and that facts stating which charge under sections 9(kha) and 14 of the Act as has been framed by the Tribunal do not disclose and constitute any offence under the provisions of law hereinbefore mentioned, the charges so framed are misconceived and illegal and tha...... in the police report and that facts stating which charge under sections 9(kha) and 14 of the Act as has been framed by the Tribunal do not disclose and constitute any offence under the provisions of law hereinbefore mentioned, the charges so framed are misconceived and illegal and that continuation..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. ......etitioner, submits that the writ petition arises out of a contract and in case of its failure or breach the respondent’s remedy did not lie in a writ petition which the High Court Division erred in law in entertaining. 6. Basically, the principle is that, a writ petition cannot be founded me..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....t Division themselves, that under the traditional Muslim Law a divorced wife is entitled to maintenance from her erstwhile husband only during the period of her iddat. The learned Judges noticed this provision from Hedaya by Charles Hamilton (Book IV, Chapter XV, Sec 3, p 45) and Digest of Mohammada...... 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 in an error in the decision occasioning failure of ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....ecial Powers Act, 1974. There is no mention in section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance as to what will happen if death is proved but demand for dowry is not proved. Similar provision is also retained in section 10 of নারী ও শিশু র্নিযাতন (......ction and sentence passed by the Special Tribunal in Special Powers Act Case No. 137 of 1991 are set aside and the case is sent back to the Sessions Judge, Brahmanbaria for retrial in accordance with law and in the light of observations made above. The Sessions Judge may consider any prayer for bail..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....relevant. There cannot be an order for wholesale production of information as directed be related to the investigation of any specific case. Section 94 does not confer on a proper construction of the provisions of the Criminal Procedure Code and the Anti Corruption Manual, any power on a police offi......lled upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is as follows:
..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
.... in opposition contending, inter alia that the election of members of the managing committee from the categories of founders, donors, teachers and Guardians were held on 30-10-1995 in compliance with provision of Regulation 3 and 4 of the Board and the result was prepared by the Presiding Officer de...... This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be declared to have been passed without lawful authority and to be of no legal effect.
2. Mollah Habibur Rahman, Chairman Dudhal Kabira..
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 Code of Civil Procedure for amendment of schedule of the plaint and a corresponding amendment in the application for execution of the decree holding that such an application is not maintainable in law. It is against this order the petitioners moved this Court and obtained the present Rule. 3. ..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. ...... 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 origin. Before 1980 our law makers did not feel it necessary to prevent such a curse as its prevalence in our society was no..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. ......……………….Opposite Parties Judgment June 4, 1998. Result: The application is disposed 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..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....ting offence under section 6, 11 and 14 of the said Ain which is punishable with death or imprisonment for life. Bishesh Adalat framed charge against the petitioners on 6‑4‑98 under the aforesaid provisions of the said Ain and some of the witnesses including the informant have been examined by t....... 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 5‑1‑98 a..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. ......irl named in their respective application. By the order dated 7-5-95 learned Special Tribunal Judge passed order that the said two girls were allowed to go on bail on furnishing security by two local lawyers, Mr. Probir Dhar for Rina Begum and Mrs. Rowshan Ara for Fetema Begum. 6. It appears th..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. ......sion in Civil Revision Nos.3459 and 3460 of 1995). Judgment Latifur Rahman J. - Civil Petition for Leave to Appeal Nos.57 and 58 of 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..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. ......r prosecuting the accused persons solicited by memo No.1068 dated 26‑8‑92 and sent under guaranteed express post was neither granted nor refused though 31 days had expired and, as such, under the law sanction for prosecuting the accused persons was deemed to have been given and consequently issu..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.......ৈ পানিতে লাস গুম করিয়া রাখিয়াছে।” 7. In the First Information Report charge-sheet and other connected papers disclose an offence under one law but the Police submits the charge sheet under a law not attracted by the offence disclosed. The ..Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
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. ...... plaintiff’s tender was pending, which is the case of the defendant, knock the bottom out of plaintiff suit for specific performance of contract, for there was no agreement which was enforceable by law…………………(32 & 34) Cases Referred to- Bishun Padre Vs. Chandi Prasad..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. ......egum now detained in Sylhet District Jail/Moulvibazar Jail should not be produced before this Court so that this Court may satisfy itself that the said detenu is not being held in custody without any lawful authority in an unlawful manner and is of no legal effect. 2. The case of the petitioner..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
......use as to why the detenue Mahbubuzzaman alias Bhulu now detained at Dacca Central Jail should not be brought before this court so that it may satisfy itself that he may not be held in custody without lawful authority or in an unlawful manner. The petitioner is the sister of the detenue. The detenue ..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
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