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Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....ew bogus bids in the names of their friends without any proclamation and ultimately got the cattle knocked down in favour of two accused. It was also alleged that accused Hefzul Rahman posed as the member in‑charge of Kora Local Board circle also and attested the above auction papers in the......arned Advocate‑on‑Record in support of his aforesaid contention has referred to the cases decided by the different High Courts of Subcontinent including the High Court of erstwhile East Pakistan.  8. In the case of Shamsul Huda Khan vs Aminul Islam Chowdhury reported in 3 ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

State Vs. Harish, 2002, 31 CLC (HCD)

....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......er recording of confession, in such a case obviously the voluntary nature of the confession stands vitiated. Similar view has also been held in the case of Waris and others Vs. State reported in 1982 Pakistan Criminal Law Journal, 720. 29. On scrutiny of the records of the lower Court it transp......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

....ed at the top of the list of the participants found satisfactory. The writ petitioners alleged that this evaluation report, which was also purported to be made and signed by the technical committee members on the same date i.e. 9 -7-1998, was totally malafide, unauthorised and unacceptable. ...... 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.  ...... 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.  ..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....ern but also the right of the public to receive it. It is further contended that in publishing the report in question, the daily 'Manabjamin' has only fulfilled its duty and obligation to the members of the public in a most decent and harmless manner without demeaning, defaming or lowering a......950 ALL 556 (FB), AIR 1982 149, AIR 1936 AC. 322, AIR 1936 PC 141, AIR 1978 SC. 727, (1978) 3 SCR 162, AIR 1965 SC. 745, (1965) 1 SCR 413, AIR 1943 PC 202, 19 DLR 354, 16 DLR 393, Attorney-General of Pakistan Vs. Abdul Hamid and others, 15 DLR (SC) 96, Nelson’s Case (16 DLR SC 535), Salimullah...... and authoritarian actions for expressing views upholding the rights of the people and publishing news regarding ill-designed action of the government. During the war of liberation the then Pakistani Army burnt down the press and the office of the 'daily Ittefaq'. It was also closed down by ..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)

....ey have been falsely implicated in this case out of grudge and enmity. The accused persons had dispute with the son‑in‑law of the informant, in respect of purchasing of a homestead belonging to a member of Hindu Community. 6. Mr. Shawkat Ali Khan, the learned Senior Counsel appearing for ......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..

Category: Women and Children | Date: 4 May, 2002 | Hits: 83

Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)

....reside near the house of the victim. The accused Md. Alam had also dwelling house situated at a distance of about 500 cubits from the house of the victim. On 3-12-1998 at about 8-00 PM, when the male member of the victim’s house were absent, the accused Parul Begum came to the house of the victim ...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....unate fellows for any wrong done by the Government. It is also settled that when an action concerns public wrong or injury or invasion on the fundamental rights of indeterminate number of people, any member of the public being a citizen suffering the common injury has the right to invoke the jurisdi......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......ge, the suit was found to be not barred by limitation and accordingly, decreed by the High Court at Lahore. 13. In dismissing the appeal preferred therefrom by the sister to the Federal Court of Pakistan, Mr. Muhammad Munir, CJ writing the opinion on behalf of the Court was of the view that, ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).

....   The petition is therefore dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 69.  ....... 70 of 1964 in the Court of Senior Assistant Judge, Cox's Bazar. On the other hand, the defendant‑judgment‑debtor petitioners preferred Second Appeal No. 583 of 1964 before the then East Pakistan High Court and the High Court was pleased to stay all further proceedings of other Executio......   The petition is therefore dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 69.  ..

Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99

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. ......on of the capacity will be erroneous and that the National Board of Revenue failed to take precaution in giving full details of the guideline similar to that framed by the Central Board of Revenue of Pakistan and that the standing tribunal illegally did not consider the grievance of the respondents ...... 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. ..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

....oner No.1 in four instalments and the petitioner No.1 at his own cost constructed a two-storied one unit building on approximately 310 sq. yards of land in 1968-69 and started living therein with the members of his family ever since 1970. 3. Thereafter, the petitioner No.1 filed a suit in the 1......t town in Faridpur and agreed to give the petitioner No.1 the said plot and actually gave the order of allotment and asked the petitioner No.1 to deposit the premium for the land to the State Bank of Pakistan at Dhaka. The entire price for the land was paid by the petitioner No.1 in four instalments...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....…..Respondent  Judgment December 1, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 498   (i) An elected member of the parliament can not claim the right of being enlarged on bail on the ground of his mem......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

............. Respondents Judgment August 22, 2001. Result: The appeal is dismissed. Offences under the Prevention of Corruption Act, 1947 amounts to moral turpitude. Whenever a member of the Parliament is convicted of such an offence and sentenced to imprisonment for two years......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......hi University & Controller of Examinations, Karachi University, 18 PLR (SC) 422; University of Dhaka Vs. Zakir Ahmed, 16 DLR (SC) 722;. Messrs Faridsons Ltd. Karachi and another Vs. Government of Pakistan and another, 1961 PLD 537. Lawyers Involved: ABM Bayezid with Md. Touftq Islam, A......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

.... single tinsheds to 562 quarters. Allotment was made through defendant No. 2 fixing Taka 50 as rent per month for each quarter. Plaintiff No. 1 subsequently prayed for the Government on behalf of its members of the society for permanent lease of the said semi-pucca houses. In pursuance thereof a mee......official assistance of the Ministry of Rehabilitation in 1972. For proper accommodation of helpless persons, who were victims of the war of liberation as well as helpless Government servants who left Pakistan, the Government prepared a plan to accommodate Class III and Class IV employees at Sections......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Professor Nurul Islam and others Vs. Government of the Peoples Republic of Bangladesh & others, 2000, 29 CLC (HCD)

.... 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. ...... Government of the Peoples Republic of Bangladesh & others.…………Respondents Judgment February 7, 2000. Cases Referred To- Bamakrishna Vs. State of Kerala and others, 1992(2) KLT 725; Pakistan Chest Foundation and others Vs. Government of Pakistan and others, 1997 CLC 1379; Dr. Mohiu...... 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. ..

Category: Health Law | Date: 7 Feb, 2000 | Hits: 500

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....at to earn profit; that papers annexed to the Affidavit-in-Opposition in no way show that the Samity is engaged in any kind of business for profit; that respondent No.1’s claim that there are 4,000 members of the Union as to which certificate has been issued is not correct and that Samity has only......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...

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

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. ......e 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 Ibrat Vs. Commander-in-Chief, Royal Pakistan Navy, 6 DLR (SC) 128; Muhammad Farooq Vs. State, 8 DLR (SC) 135; Arfan Ali Vs. State, 42 DL......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

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....ht and such person or determinate class of persons is by reason of poverty, helplessness, or disability or socially or economically disadvantaged position, unable to approach the court for relief any member of the public can maintain an application…………………………………… seeking j......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. ......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. ..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98