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Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......scharging the Rule in Criminal Miscellaneous Case No. 1838 of 2000 in refusing to quash the conviction of the petitioners under section 19(f) of the Arms Act and the sentence of rigorous imprisonment for 10(ten) years as passed thereunder by Special Tribunal No. 1, Jhenaidah in Special Tribunal......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......s. 9. Under the aforesaid facts and circumstances of the case and in view of the submissions made by the learned Counsel, we find the appellants are entitled to be acquitted. The learned Judges of the High Court Division having failed to consider the aforesaid aspect of the case and the..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... turned out from the town residence of his father; Thereafter, Hari Mohan died on 25‑2 1982. 5. Getting a letter dated 17‑2‑1982, the plaintiff for the first time came to learn that his father was alive and from further communications with his ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......nt November 23, 2002. Execution of decree outside Bangladesh Any decree of any Court in Bangladesh is enforceable in foreign country either as a foreign decree or by instituting a suit on the basis of s...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......The petitioner thereafter unsuccessfully moved the High Court Division. 5. Mr. MI Farooqui, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division miserably failed to understand the legal position of an obligation..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ...... the appellant as the contractor entered into two agreements namely, agreement No. 16/LMH dated 12 September, 1988 and agreement No. 27/LMH dated 17 September, 1988, with the Government of Bangladesh for reconstruction of the railway line damaged, by flood. After the completion of the works the cont......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......ount of Taka 18,56,500 have already been paid to the Contractor which has not been denied while passing the award. 5. Leave has been granted to consider as to whether the learned Judges of the High Court Division on misconception of law held that the award was vague in the matte..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......urt Division passed in First Appeal No. 52 of 1990 filed by the respondents. The respondent No. 1 as plaintiff instituted Title suit No.135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averments, inter alia, that the respondent No. 2, Be......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......s. 1 and 2 by expert, especially when the trial court held that the signatures of the vendor on the two documents did not tally. It appears from the judgment of the High Court Division that the Judges of the High Court Division themselves compared the signatures of the respondent No. 2 on E..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2002 on the basis of the recommendation made by the Adviso......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......is Court but it is semi-constitutional in nature and the person not being aggrieved, cannot prefer such application, challenging the detention order of third person.” 3. As the two learned Judges dissented in delivering the judgments in the manner as aforementioned, the learned Chief Just..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. .......(59) The Ekushey Television is an example of wanton licence with a shady deal in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This court under constitutional mandate is d...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......s shoulder the onus to find malafide. According to them, burden should be on the shoulder of the petitioners, as they were the ones who alleged malafide. The answer to this is that, if the learned Judges of the High Court Division thought it appropriate that an investigation should be made in wr..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......tate and others................ Respondents Judgment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......f the Code of Criminal Procedure. In arriving at this decision the High Court Division relied on a decision given in Criminal Miscellaneous Case Nos. 620 of 2000 and 6858 of 2000 wherein one of the Judges was a party. But this Division in the case of Arun Karmakar vs. State reported in 7 MLR (AD..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
.... a derogatory statement in a seminar, which has been published in the aforesaid newspapers. However, the learned Attorney-General then submitted that the said statement of Naimuddin did not amount to contempt of Court and so, on the first day, we did not issue any Rule against him. By our order date......e (1976) 65 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SC......undary between fair criticism and contempt of Court. It is further contended that with democracy, accountability and rule of law taking firm roots all over the world, the concept of contempt as "scandalising a Court or a Judge" has gradually eroded away and become obsolete and the only oth......AIR 1981 SC 755=1981 (2) SCC 57=1981(2) SCR 320, Registrar of Orissa High Court Vs. Baradakawa Mura AIR 1973 Ori 244 (FB), Doctor Saxenas Case (1996) 5 SCC 216, AIR 2000 SC 68, Sir Edward Snelson Vs. Judges of the High Court of West Pakistan Lahore 16 DLR (SC) 535, State Vs. Abdul Rashid 10 DLR 568;..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. .....................Respondents Judgment February 13, 2002. Result: The appeals are allowed. The Excise and Salt Act, 1944 (I of 1944) Section 3(4) There being lawful basis for the impugned notification providing levy and assessment of duty on the basis of filling valves i...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... the review applications were filed under section 3(5) of the Act but the respondents did not proceed with the same and that their cases may be referred to the standing tribunal. 5. The learned Judges of the High Court Division found that the Board under section 3(4) of the Act is to take prio..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
M. Saleemullah Vs. State, 2002, 31 CLC (AD)
.... Vs. State………………. Respondent Judgment January 29, 2002 The Contempt of Court Act, 1926 (XII of 1926), Section 2 The contempt petitioner expressed remorse before the Appellate Division and surrender to the mercy of th......;………. Respondent Judgment January 29, 2002 The Contempt of Court Act, 1926 (XII of 1926), Section 2 The contempt petitioner expressed remorse before the Appellate Division and surrender to the mercy of the court and expressed unconditional apol...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ..Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......Nawab Ali, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑5. Civil Petition for Leave to Appeal No. 1722 of 2001. (From the judgment add order dated ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......hich have. In the former case, the alteration is out of Court. It is not a judicial act. It is only part of a process of reaching a final conclusion; also there is no formal public declaration of the Judges' mind in open Court and consequently, there is no "judgment" which can be acted upo..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......Vs. The State, 47 DLR (HCD) 542; Sheela Barse and another Vs. The Union of India and others, AIR 1986(SC) 1777. Lawyers Involved: Md. Idrisur Rahman with M.A. Mannan Khan and Md. Ekramul Islam- for the Petitioner. Taimur Alam Khandakar, Deputy Attorney General- for the Respondents. Writ ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......isions and frequent exhortations by social scientists, there is still large number of children in different jails in the country as is now evidence from the reports of the Survey made by the District Judges pursuant to our order dated 15th April, 1986. Even where children are accused of offences, th..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......1860 (XLV of 1816) Section 109/111 No distinction between 'principal in the first degree' and 'principal in the second degree.' Under section 111 of the Penal Code an abettor is liable for a different act if that was probable consequence of the abetment………&hellip......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......s and we need not record their submissions in the judgment as the issue before us is a very simple one. It is found from the quoted portion of the judgment of the High Court Division that the learned Judges failed to notice that the allegation in the FIR was not that the godown owner delivered the g..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......ve mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him being collusive or void ab initio and as such his suit for mere declaration of title was not maintainable………………&h......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......ed not be set aside” and that “in the language of the decision in 21 DLR 507 those decrees to be treated as non-existence”. By the expression “those decrees” the learned Judges of the High Court Division have referred to the decrees in Rent Suits. The learned Judges of ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....bsp; July 30, 2001. The Contempt of Courts Act, 1926 (XII of 1926) In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the con...... lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration which is also singularly absent in this case. ………&helli......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......ance of High Court Division’s order. Even a child of yesterday cannot but feel shy to believe such a coloured story.” 6. We fail to understand how the learned Judges of the High Court Division can come to this conclusion. “This is too much.’ When ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
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. ......Record—For the Petitioners Ozair Farooq, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record——For the Respondent Civil Petition for Leave to Appeal No. 1045 of 1999. (From the Judgment and order dated 13-5-1999 passed by th......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. ......pearing for the Bangladesh Road Transport Corporation-petitioner, submits that the order passed under Regulation 55(2) of Service Regulations 1990 is a termination simpliciter and as such the learned Judges of the High Court Division erred in law in holding the same to be malafide one. ..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
....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.......tical, non-profit, voluntary social welfare organisation, and that primary object of the Association is to advocate family planning and the matters related there to persons engaged by the Association for the purpose of implementation of its primary objects upon forming Association, applied to the Re......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.......dendi of some of the cases considered in the case reported in 43 DLR was not accepted and the view as was expressed in what situation an Organisation would be considered an Industry but the Hon’ble Judges of the Indian Supreme Court in the concluding portion of the judgment as seen from paragraph ..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....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. ....... 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 and mater......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. ......e him into custody………………………….(21) Per Latifur Rahman J (agreeing): Granting of anticipatory bail in an exceptional circumstance is a matter to be decided by the learned Judges on the facts of a particular case and it is really difficult to confine anticipatory bail wi..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
.... author-Judge himself to ponder whether a comment on a sub judice matter at a time when the matter was being heard by this Division and was kept reserved for judgment will not attract the mischief of contempt of Court as a direct interference with and influencing the judgment of this Court. He will ......ment 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 seems to follow naturally from the Ayat (241, Sura Baka......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. ......shall see whatever be the meaning of Mataa it is certainly not maintenance as can be claimed within the meaning of the Family Court Ordinance. It is clear that the interpretation given by the learned Judges is not and cannot be acceptable because it brings conflict and even on the general criterion ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
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