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Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. State represented by the Deputy Commissioner, Jamalpur………………………………Respondents Judgment July 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Md. Bodruddoza, Advocate ‑ For the Petitioner. No one - F......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ......oth of them to the Magistrate. An application was filed for bail for the victim girl but the learned Magistrate, instead of allowing the application for bail, sent the victim girl to safe custody and ordered for investigation into the case by the Investigating Officer. There was an order for examina......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ..

Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

.... of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......tainable though they did not avail of the alternative remedy by going to the Court of Settlement constituted under Ordinance No.LIV of 1985. 9. In the result, the Rule is made absolute without any order as to cost. Inclusion of petitioners' house in question in Serial No.42 at page‑9764(1) o......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)

....n (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Akbar Hossain Khan (Md.) and another………………..Petitioners Vs. Md. Awlad Hossain Khan and another……………………Opposite ......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......Nasrin Parvin, Advocates ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No.1797 of 1992. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 8‑6‑92 passed by the Assistant Judge, 1st Court, Dhaka allowing the application of o......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..

Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126

Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)

....suffer rigorous imprisonment for 3 (three) years and to pay a fine of Taka 10,000.00 in default to suffer rigorous imprisonment for one month more. 2. Prosecution case, in short, is that, one Kalipada Das lodged written ejahar with the Kotwali police station, Faridpur on 25-1-92 at 9-45 AM allegi......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......amsul Haque, Advocate- For the Appellants. MA Lat Advocate — For the State. Criminal Appeal No. 1325 of 1993. Judgment MM Ruhul Amin J.- This appeal is directed against the judgment and order of conviction and sentence dated 27-6-1993 passed by the learned Special Tribunal No.3, and As......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466...

Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159

Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)

....t-respondent in a summary manner and sending the case back on remand to the Nari-O-Shishu Nirjatan Daman Bishesh Bidhan Adalat No. 1 Kishoreganj for hearing the same in the light of the observations made in the body of judgment. 2. An FIR was filed by respondent No. 1 Motiur Rahman alleging, in....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......ate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Petitioners. Respondents—Not Represented. Criminal Petition for Leave to Appeal No. 51 of 1997 (From the judgment and order passed by the High Court Division in Criminal Appeal No. 151 of 1997.) Judgment Mustafa....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ..

Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99

Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

....arlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......sions Judge, Dhaka so far it relates to the 4 petitioners namely, Md. Abdus Samad Khan, Md. Rafiquddin Mollah, Md. Mozibur Rahman and Habibullah Bhuiyan should not be quashed or such other or further orders passed as to this Court may seem fit and proper. 2. Heard Mr. Shawkat Ali Khan, the learne......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67

Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)

.... of the land relates to construction of residence of judicial officers and notice under section 3 of the Ordinance was served in the locality of the land in question. According to the petitioner, he had set up a dairy and poultry farm on his land after taking loan from Arab Bangladesh Bank and furth......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ...... Deputy Commissioner to accept or reject the report of the ADC on the subject. There being urgency of acquisition and consideration by the acquiring authority. There was no illegality in the impugned order…………………(5) Lawyers Involved: Mahmudul Islam, (Senior Advocate, Rafique-Ul......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..

Category: Property Law | Date: 25 May, 1997 | Hits: 92

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Bangladesh Air Service (Pvt) Ltd……………….Appellant Vs. British Airways PLC ……â......the Scottish arbitrator who issued the final award refusing to state a case for the decision of the English High Court. In Tzortzis vs. Monark Line A/B, (1968) 1 WLR 406, the arbitrators stated an interim award in the form of a special case for the decision of the English High Court and the Cour......; Rafique-ul-Huq, Senior Advocate — Amicus Curiae Dr. Kamal Hossain & Dr M Zahir, Senior Advocates — Intervenes. Civil Appeal No.30 of 1996. (From the Judgment and order dated 8-2-96 passed e High Court Division in Civil Revision No.3934 of 1994) Judgmen......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....) 148.......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......being Holding No.10-B, 11-8 Mirpur Housing Estate from the list of Abandoned Properties and to restore possession of the same to the petitioner by evicting the present occupants upon implementing the order dated 4-6-87 passed in Case No.277 of 1987 (Ka-31-Mirpurr-10-B), Dhaka, of the Court of Settle......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148...

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)

....atan Doman Adalat, Barisal and why he should not be punished accordingly. 2. In this case one Subbatara Begum is the petitioner. It is her case that while she was sleeping in a hut in the homestead of her father in the night of 24-9-96, at about mid-night, Hossain Gazi and two others surreptiti......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......h a situation the petitioner filed an application before the Special Judge, Nari-O-Shishu Nirjatan Damon Tribunal, Barisal, on 28-9-96 and the learned Judge, on the body of the application, passed an order directing the Officer-in-Charge, Mehendiganj police station, for treating the application as F......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ..

Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....ng 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ......s not allowed to enter in to that office to take away her designs; and as the author of those designs she was entitled to registration of copyright. 5. Registrar after enquiry and hearing by his order dated 12‑1‑87 allowed prayer of respondent No.1 and rejected the prayer of the petitioner ......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)

.... the ground floor of the premises situate at 60/1, Purana Paltan, in the city of Dhaka under the opposite party No.1 (since deceased). While the petitioner was a tenant of the shop‑room the land‑lady made an oral gift in favour of her daughter Sufia Akhter Alam and she intimated the tenants of t......ner, felt difficulty to support the Rule.   In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ...... Huq, Advocate ‑ For the Opposite Party. Civil Revision No.376 of 1986. Judgment AM Mahmudur Rahman J.- In this Rule the questions falling for determination are, whether the impugned order passed by the learned Subordinate Judge, 1st Court, Dhaka in dismissing the Review Case No.7 o......ner, felt difficulty to support the Rule.   In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ..

Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128

Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)

....shes Adalat. Rajbari in Nari-'O'-Shishu Nirjatan Daman Bishes Case No.20/96. The Tribunal by the said order took congnisance of the offence against this appellant and others. 2. The short fact leading to this appeal is that one Nurjahan Begum on 16‑4‑96 lodged FIR with Rajbari Police Statio......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ......al ‑ For the State. Criminal Appeal No.814 of 1996. Judgment Mahmudul Amin Choudhury J.- This appeal under section 24 of the Nari-'O'-Shishu Nirjatan Daman Ain has been filed against order dated 29‑6‑96 passed by the Nari-'O'-Shishu Nirjatan Daman Bishes Adalat. Rajbari in Nari-......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ..

Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

....s and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ...... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ......ondents. Writ Petition No.27 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the petitioner Md. Ali Akbar was issued calling upon the respondents to show cause as to why order dated 26‑12‑89 passed by the respondent should not be declared to have been made without l...... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

.... Division (Special Original Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Abdul Hakim…………………………………Petitioner Vs. Government of Bangladesh and others………………………………….Respondents     &nb......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......KM Hasan J.- The Rule was issued calling upon the respondents to show cause why they should not be directed to create a forum for review of a petition filed by the petitioner against the Judgment and order dated 29‑11‑82 passed by the Summary Martial Law Court No.12 Chittagong in SMLC No.51 of 1......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ..

Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137

Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)

.... Abdul Matin J Latifur Rahman (Md.)……………………………………………..Petitioner Vs. Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh and another………………..Respondents Judgment July 17, 1996. Result: The Rul......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......For Respondent No. 2. Writ Petition No.39 of 1988. Judgment Md. Abdul Matin J.- This Rule was issued calling upon the respondents to show cause as to why the impugned memo Annexure V and the orders contained therein shall not be declared to have been issued and passed without any lawful aut......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..

Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......€‘95 said exporter M/s Datraco BV filed Other Class Suit No.49 1995 in the 3rd Court of Assistant Judge, Chittagong impleading respondent Nos.1, 4 and 6 as defendants praying for declaration that the order of reshipment dated 5‑4‑95 on the basis of radiation test certificate dated 8‑1‑95 wit......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Fazul Haque J Syeda Chand Sultana and others.......................Petitioners Vs. Government of Bangladesh, represented by the Ministry of Works, Secretariat Building Ramna, Dhaka and others.................page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......of March, 1996, and before the 30th day of April, 1986, publish in the official Gazette. (a) a list of buildings the possession of which have been taken as abandoned property under the President's order, (b) a list of buildings in respect of which notice for surrendering or taking possession a......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Enayet Vs. State, 1996, 25 CLC (HCD)

....t her will. Her father searched for Nasrin but could not recover her. On 15‑11‑90 he lodged a First Information Report with Uzirpur Police Station. Thereafter victim Nasrin was recovered. Police made due investigation in the case and submitted charge‑sheet against the accused. 3. The pros......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......phatically stated that he and Nasrin used to move as husband and wife. 12. The learned Judge appears to have convicted the accused Enayet on the charge of abduction for aiding accused Shaheen in order to compel victim Nasrin to marry accused Shaheen. Offence as enumerated under section 9 of the......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ..

Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....o Reported in: 26 BLD (HCD) (2007) 105. ......shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ...... on scrutiny their bid was found to be the lowest and as such the same was accepted by the Government of Bangladesh for the construc­tion of the said flyovers. After acceptance of the same a work order was issued to the con­tractor. Subsequently a formal contract dated 3.9.90 between the par......shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10