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Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......3) Lawyers Involved: M Shamsul Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 784 of 1997. (From the judgment and order dated 24th July 1997 passed by the High C......ision, after having vacated an earlier order rejecting the application as not being pressed, heard the application on merit. The High Court Division held that since Artha Rin Adalat Act was a special law and special provision having been provided in the Act, question of entertaining an application u..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....aint the alleged fixation of valuation of the structures in question by defendant No. 1 is arbitrary and mala fide. The plaintiffs subsequently made repeated representations and were led to hope that justice would be done to them but they were informed by defendant No. 1 on 2-12-95 that the decision......s would be leased out to the allottees on permanent basis. Accordingly, defendant No. 3 by Memo dated 22-2-90 informed defendant No. 1 to determine the valuation of the houses. The Executive Engineer accordingly assessed the construction cost of each house at Taka 24,537.77 and the price of per bigh......p; others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For the Petitioner. Maksudur Rahman, Advocate—For the Opposit......the structure on the basis of 1989 PWD schedule mentioned in the allotment letter No. 150/93/6296 dated 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the plaintiffs. (ii) To pass necessar..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......p; December 5th, 2000 Case Referred to- Bangladesh Bank and others vs. Md. Abdul Malek, 46 DLR (AD) 1. Lawyers Inv......sion Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is whether th..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....nger of being wasted or damaged and so the impugned order of local inspection has been passed in utter misconception of the provision of Order 26 rule 9 and Order 39 rule 7 CPC occasioning failure of justice and the learned Assistant Judge has also not directed any points for local inspection for wh......contract as claimed by the plaintiff and so the inspection as prayed, is necessary and the learned Assistant Judge, on consideration of the documents produced before it, passed the impugned order and accordingly, no interference is at all called for. Mr. Chowdhury next submits that the plaintiff on ......azzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain ......e learned Advocate for the petitioner failed to appear when this matter was taken up for hearing after recess. On perusal of the records this Court found that this Rule can be disposed of on point of law only. Accordingly, in consideration of the fact that this Court while issuing the Rule stayed al..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......2; Nurjahan Begum Vs. State 42 DLR (AD) 130. Layers Involved: Bashir Ahmed, Advocate—For the Condemned prisoner Babul Hossain. Khasruzzaman, Advocate—For the Condemned-prisoner Safia Khatoon. Death Reference No.17 of 1997 with Criminal Appeal No.1981 of 1997. Judgment ......s sister cried out on seeing he informant and that narrated the incident of beating, that on one occasion the informant noticed sign of beating on the neck of his sister, that Taslima’s mother-in-law on an occasion pressed the neck of Taslima; that the informant took his sister Taslima to his ho..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
.... 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.
...... 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.
......tioner (In Writ Petition No.1825 of 1999).
Amir-ul Islam with Tania Amir Advocate—For the Petitioner (In Writ Petition No. 4521 of 1999).
Nazmul Huda, Advocate and Obaidur Rahman Mostafa Deputy Attorney-General—For the Respondents.
Writ Petition No.1825 of 1999 with Writ Petition No. 4521 of ......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 Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertis..
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:
......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:
...... I agree.
Ed.
This Case is also Reported in:
......arriage had been dissolved consequent to an incident of about one year ago when her husband out of anger uttered the word ‘talak’, but thereafter continued their married life.
2. In Bangladesh laws relating to the dissolution of a Muslim marriage at the instance of the husband and the remarri..
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. ...... and upheld the order of the Appellate Joint Commissioner of Taxes on the ground that other income of the industrial undertaking, enjoying tax holiday, is to be separately considered and taxed accordingly. It is observed by the Taxes Appellate Tribunal that for claiming exemption of tax holi......late Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ...... Dabiruddin Ahmed, Deputy Attorney-General-For Respondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are involved in these references and as such the applications were heard together a..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. ...... 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. ......….Opposite Parties. Judgment December 2, 1999. Lawyers Involved: Ziaul Karim with Syeda Mymuna Begum, Advocates—For the Petitioner. Mohammad Mostafa, Assistant Attorney-General— For the State. Criminal Revision No. 1411 of 1994. Judgment ARM......is fallacious. When a petition of complaint is filed before a Magistrate, it cannot be said at that stage as to whether cognizance of the offence can at all be taken and if so under what provision of law. Under such circumstances, the Magistrate is required to follow the procedure laid down in Chapt..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.......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.......ari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & ors.; Cholera Research Laboratory Vs. First Labour Court and others; Cholera Research Laboratory Vs. Gobeshanagar Karmachari Unio......respondent No.2, Registrar of Trade Unions, Dhaka Division, Dhaka to the respondent No.1 Bangladesh Paribar Parikalpana Samity Karmachari Union, Dhaka should not be declared to have been made without lawful authority and is of no legal effect.
2. Petitioner, Bangladesh Paribar Parikalpana Samity ..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....8-1996 summarily rejected the petition. Against this order the appellant preferred this appeal.
3. Leave was granted to consider the fact that not only that the accused persons are fugitive from justice, there being no reason in the Government order for withdrawal of the case and section 494 of......he materials on record and after hearing the learned Advocates of both sides we are of the view that the appellant has succeeded in making out a case for our interference in the matter. The appeal is accordingly allowed. The order passed by the learned Divisional Special Judge, Chittagong Division o......sult:
Appeal is allowed.
The Code of Criminal Procedure, 1898 (V of 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 consen......dmitted in the hospital on 27-10-1992. It is their case that in collusion with respondent No.1 father of Luna Prava Dey on the basis of that false medical certificate filed case against the father-in-law of Luna Prava Dey and some others. On receipt of the First Information Report Bureau of Anti Cor..
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. ...... 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. 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 ......terfere with the day-to-day function of either Board in an individual case and in a particular contractual matter between a Board and a 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 concerne..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. ......that an offence of rape is not the same offence as that of murder. These are two distinct offences and one is independent of the other. We find substance in the contention of the learned Advocate and accordingly, we are inclined to direct the Court below to frame a separate charge under section 6(1)......nts Vs. State…………………….......................Respondent Judgment July 6, 1999. Result: The Criminal Appeal No.822 of 1999 is allowed. Cases Referred to- Masirali and others Vs. Abdul Mamith, 8 DLR 634; Matiur Rahman Vs. State, 14 DLR 526; MSK I......nst 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 night follow..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. ......in the Daily Inqilab on 10-3-1998 (Annexures A and A1). On 2-3-98 both the victim girl and Rubel by swearing a joint affidavit before a Notary Public (Annexure ‘B’) declared that they had married according to Muslim Law with an amount of Taka 1, 00,001 as dower money. A marriage ceremony was lat......5 BSCR (Vol. VIII) 112.
Lawyers Involved:
Tania Amir, Advocate—For the Petitioner.
Md. Abdur Rashid with Subrata Chowdhury Advocates—For Respondent No. 6.
Momtazuddin Ahmed, Deputy Attorney-General with AM Aminuddin, Assistant Attorney General—For the Respondents.
Writ Petition......f safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previously Dipali Pal Chowdhury) is not held in custody without any lawful authority and is of no legal effect and why a declaration should not be given that there is n..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....t the criminal proceeding which is being or has been launched against him is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice, in a particular case. The only other case where the prayer may also be considered may occu......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. ......pellant Vs. Abdul Wahab Shah Chowdhury……………….Respondent Judgment May 25, 1999. 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 ......nal Procedure which has become necessary, it is alleged, because of indiscriminate granting of such bail by the High Court 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. Be..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. ...... 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. ......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 Ministry. Cases Referred to- Sudbanya Bawali & others Vs. Emperor 18 Cr. Law Journal 781; Krishna Gopal vs. Emperor ...... 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. ......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. ......itions 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)
....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. ......-Shisu Case No.20 of 1997 (arising out of Mollahat PS Case No.8 21-11-1996 corresponding GR Case No. 809 of 1996) of the Nari-O-Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat, hereinafter referred to as the Tribunal. 2. Facts, stating which the Tribunal has framed the charge against the peti...... 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. ......but when a contract is concluded, the contractor has a legitimate expectation that he will be dealt with fairly. The petitioner could have asked the respondent to supply the water tanks and generator according to specification and could have given him an opportunity to complete the work according to......LR (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,
....ed to us that Hazrat Hasan Bin Ali (R) gave his divorced wife 10,000 Dirhams in those days. It is our 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 libera......an in a different language. For example, the import of the word Mataa should be understood in the sense the holy Prophet (Allah’s peace by upon him) and his companions had understood it and not according to later day translations of the said word which are conflicting. The more important point......ellip;……… Respondents Judgment 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 see...... 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
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