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Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
....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. ......998.) Sharifuddin Chaklader, Advocate-on-Record—For the Respondents (In Civil Review Petition No.26 of 1998.) Civil Review Petition Nos.25 and 26 of 1998. (From the judgment and order dated 15-3-1998 passed by this Court in Civil Petition for leave to Appeal Nos.57 and 58 of 19......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. ..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
.... along with his companions tried to kidnap the informant to marry her against her will. Admittedly, informant could not be kidnapped because of intervention of police. It appears that an attempt was made by the petitioner No.1 and his companions to kidnap the informant for compelling her to marry th......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. ......-O-Shisu Nirjatan Daman Bishesh Adalat No.2, Bagerhat would amount to harassment of the petitioners as well as abuse of the process of the Court and, as such, the charges that have been framed by the order No.17 dated 1-6-1997 and that the proceedings of the Case No.20 of 1997 are liable to be quash......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. ..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
.... Superior Builders and Engineers Ltd………………........Respondents Judgment January 5, 1999. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 A writ petition cannot be founded merely on contract, but when a cont......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. ......y Md. Aftab Hossain Advocate-on-Record — For the Respondent No.1. Not represented—Respondent Nos. 2-9. Civil Petition For Leave 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). Judgme......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. ..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....tion given by the learned Judges is not and cannot be acceptable because it brings conflict and even on the general criterion of interpretation as they also would not deny that a document should be read as a whole, interpretation of the learned Judge should be rejected………&hellip......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. ......he defendant-appellant in his written statement expressed his willingness to pay the dower money claiming that he had already paid Taka 30,000.00. He stated that he had already sent a number of money orders to plaintiff No.1 before divorce towards her maintenance and maintenance of the minor son. So......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. ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....les were given to the accused but a few days after marriage he demanded further amount of dowry and sent back Sahara to her father’s house. Lastly, the accused demanded Taka 20,000.00 for going abroad but the father of the deceased was unable to pay the amount and then at the intervention of some ......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....... AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hamidul Haque J. - This appeal is directed against the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers Act ......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
....ellip;…Petitioner
Vs.
Bureau of Anti-Corruption and Others………...........…Respondents
Judgment
November 15, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Mustafizur Rahman and ors. Vs. DG Anti-Corruption and ors......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.
......— For the Respondents.
Writ Petition No.1710 of 1994.
Judgment
Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called 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) ......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.
..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
....condary Education, Jessore and others…………Respondents
Judgment
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 ...... 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.
......slam, Advocate- For the Respondent.
Writ Petition No. 4005 of 1996.
Judgment
MA Aziz J. - 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 with...... 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.
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....rocedure for amendment of the schedule of the plaint by way of correcting the ROR plot numbers and a corresponding amendment of the application for execution of the decree on the ground that due to inadvertence at the time of drafting the plaint, for plot No.2892 in place of 6892 and ROR plot No. 28......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....... Involved: Not represented— the Petitioners. Md. Jahurul Islam Mukul, Advocate—For Opposite Parties. Civil Revision 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......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...Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....eed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......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. ......on his behalf over the demand of dowry would be an offence under section 11 of the said Ain even though there was no previous agreement to pay the same. In the result, the Rule is discharged and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in a......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. ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....nstance of the plaintiff petitioner is directed against the order dated 31‑5‑98 passed by the learned Additional District Judge being in charge of District Judge Dhaka in Title Suit No.35 of 1998 adjourning the matter and failing to pass an order of ad interim injunction in the aforesaid Trade M......he order dated 31‑5‑98 passed by the learned Additional District Judge being in charge of District Judge Dhaka in Title Suit No.35 of 1998 adjourning the matter and failing to pass an order of ad interim injunction in the aforesaid Trade Mark Suit filed by the petitioner against the defendants o......cate ‑ For the Petitioner. Civil Order No.1944 of 1998. Judgment Syed JR Mudassir Husain J.- This revisional application at the instance of the plaintiff petitioner is directed against the order dated 31‑5‑98 passed by the learned Additional District Judge being in charge of District ......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. ..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....d to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ...... the petitioners of Criminal Miscellaneous Case No.1554 of 1998 after receipt of the record by that Adalat. While so absconding they surrendered before this Court on 18‑3‑98 and were allowed ad‑interim anticipatory bail on the ground that the case was engineered by the business rivals and enem......an (Bishesh Bidhan) Ain 1995 and in the charge‑sheet both the accused were shown as absconding and the Investigating Officer prayed for issuance of warrant of arrest and proclamation and attachment order against them. Nari‑0‑Shishu Nirjatan Case No.49 of 1998 was started in the Nari‑O‑Shis......the instance of the accused petitioners, Doctor Mominur Rahman alias Zinna and Jostshna Begum calling upon the opposite party to show cause as to why the accused petitioners should not be enlarged on anticipatory bail in connection with Kotwali PS Case No.3(1)98 pending in the Court of Nari‑O‑Sh..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....also Reported in: 50 DLR (HCD) (1998) 337. ......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. ...... Kowser, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.19 of 1998 with Criminal Appeal No.106 of 1996. Judgment Md. Gholam Rabbani J.- On 24-2-98 we passed order in Criminal Miscellaneous Case No.19 of 1998 that this matter should be heard along with Crimi......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. ..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....sion 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. ......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. ......ondent No.1 (In both the Petitions). Not represented—Respondent Nos.2-17 (In both the Petitions). Civil Petition for Leave to Appeal Nos.57 and 58 of 1998. (From the judgment and order dated 19-8-97 passed by the high Court Division in Civil Revision Nos.3459 and 3460 of 1995). ......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
Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....d Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......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. ......t officers committed offences punishable under sections 323, 342, 352 of the Penal Code read with section 5(2) of the Anti‑Corruption Act. On 17‑2‑92 the learned Senior Special Judge passed the order as hereunder: "Heard the learned Counsel for the complainant. Seen the petition of c......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. ..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)
....n Lal Sarker……….……………..Petitioner Vs. Nihar Mondol alias Pagol and 8 others…………..………….Opposite Party Judgment January 22, 1998. Result: The Rule is made absolute. Lawyers Involved: Shamsul Huda, Advocate-For the Petitioner. Not Represented ......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....... 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 Case No.13 of 1995 framing......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...Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
..... The learned District Judge of Rajshahi allowed the appeal and set aside the decree on 22 August, 1992 with a direction that the defendants were to refund Taka 20,000.00 which was paid as an advance and Taka 5,000.00 as compensation to the plaintiff within three months in default the plai......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. ......efund Taka 20,000.00 which was paid as an advance and Taka 5,000.00 as compensation to the plaintiff within three months in default the plaintiffs suit would stand decreed in full without any order as to costs. Being aggrieved the plaintiff preferred Civil Revision No. 3503 of 1992 to the ......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. ..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant ......no decision was taken by the defendant accepting plaintiff’s offer. Hence plaintiff filed a suit for specific performance of contract. Held: the core of a valid contract, namely, consensus ad interim was thus plainly lacking in the present transaction. The statements made by the plaintiff in......th him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondent Nos.1 and 2. Not represented—Respondent No.3. Civil Appeal No. 43 of 1995. (From the Judgment and order dated 12 January 1995 passed by the High Court Division, Dhaka in FA No.63 of 1992). Jud......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. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....isdiction) Present: Mainur Reza Chowdhury J Md. Hamidul Haque J Rehana Begum and another…………………………..................Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgment September 4, 1997. ......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. ......fect. 2. The case of the petitioner is, in short as follows: The petitioner No.1 Rehana Begum aged about 18 years is at present detained in District Jail Sylhet under Judicial Custody by an order dated 30‑5‑96 passed by the Magistrate, 1st Class, Moulvibazar in GR Case No.299 of 1996 c......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. ..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
....
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......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
......respondent No. 2 that the detune had been involved in activities prejudicial to the interest of Bangladesh and thereby he had been attempting to act prejudicially to the interest, security and public order of Bangladesh and his activities had been likely to prejudice public safety and disturb law an......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
..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
.... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ......thing done or any action taken by or under this proclamation, or mentioned in this proclamation to have been done taken, or anything done or any action taken by or under the Martial Law Regulation or order made by me in pursuance of this proclamation." The question of ouster of jurisdiction has......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
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