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....y Md. Aftab Hossain, Advocate-on-Record—For the Appellant.
Shamsul Haque Siddique, Advocate-on-Record—For the Respondents.
Criminal Appeal No. 29 of 1996.
(From the judgment and order dated 5-8-1996 passed by the High Court Division in Criminal Revision No.548 of 1996).
......al 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 the Government decides withdrawal of a case. In the instant case no reason/ground has been assigned for ..
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)
....ndividual 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 concerned Ministry in this particular matter in view of the fact t......l 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 individual case and i..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....l Appeal No.822 of 1999. Judgment Mohmmad Abdul Karim J.- Criminal Appeal No. 645 of 1999 at the instance of appellants (1) Parveen and (2) Astima Khatoon alias Minu is directed against the order dated 13-4-99 passed by the learned Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Dhak......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. ..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....ing any Investigation Officer, or any other person to pray before any Court to put a victim girl in jail in the guise of safe custody, and that such prayer is ultra vires and or such other or further order or orders passed as to this court may seem fit and proper.
2. After issuance of the Rule to......) 234. ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....5, 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 order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts an......s for granting of anticipatory bail by the High Court Division. Before parting with the cases, I feel that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating a section in the Code of Criminal Procedure ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....ndent No.1. Thus action of the Bangladesh Bank are neither arbitrary nor malafide. In that view of the matter we find 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: 5......esh Bank. Moreover, Bangladesh Bank acted arbitrarily and in a mala fide manner in compelling the respondent No.1 to keep the said decisions in abeyance when respondent No.1 acted in pursuance of the Government decision communicated vide Memo dated 4-3-1986. 3. Learned Advocate for the responde..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....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 In a sum......ry of the petitioner's personal effects and other articles supplied to him by different ministries and were kept in the Sena Bhaban. After examining the report of the committee it appeared to the Government that there were eight unlicensed arms and some ammunition in the list of articles prepare..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
....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)
....-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)
....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,
....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......heard the learned Counsel for the parties, Mr. Abdul Wadud Bhuiyan, learned Acting Attorney General (as amicus curiae), two distinguished Alims and a host of interveners representing individuals, non-Government women and other legal organizations and also perused written arguments submitted by them...Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
.... 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
....— 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) ......ined that he appeared as an Advocate on behalf of the plaintiff-appellant in FA No.106 of 1987 reported in 42 DLR 43 where the Division Bench of the High Court Division allowed the appeal against the Government and others. The petitioner was subsequently not engaged for the execution case. The petit..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
....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......Intermediate and Secondary 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..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
.... 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)
....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)
....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)
....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......did not inform us that the Rule has become infructuous in view of the aforesaid order of the Bishesh Adalat. This question has been raised only yesterday when the Rule is being seriously contested by Government as well as added opposite party. 20. In view of the above let us now consider orders..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
.... 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)
....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
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