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State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......uth as well as the voluntariness of the confession made by the two condemned prisoners. The learned Magistrate found that the confessing accused Nazma Sarker @ Beauty and Rokeya Begum gave a full and free account of the occurrence in order to satisfy that they were really involved in the commission ......s also adduced evidence which are marked as exhibits and material exhibits. The State Defence Lawyer was provided for the absconding accused Kamal and Ahidul. 6. The defence case, as it transpires from the trend of cross-examination of the prosecution witnesses, is that all the accused persons ar...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 98
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312....... to the present Caretaker 'Government for conducting parliamentary election under the Constitution. The whole process was completed with active assistance and co‑operation of the detenu so that the free and fair election can be held and all citizens irrespective of party affiliation can participat......s not being held in custody without any lawful authority or in an unlawful manner. 2. The case of the petitioner is that the detenu comes of a respectable family of Rangpur. He obtained BA Degree from Carmichael College, Rangpur and joined the then Pakistan Army and was commissioned on 17th Sept......and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......ned the truth as well as voluntariness of the confessions made by the two condemned prisoners Piyas and Jamir. The learned Magistrate found that the confessing accused Piyas and Jamir gave a full and free account of the occurrence in order to satisfy that they were really involved in the commission ......s house. Akhter Hossain and Julie lived there (Aktar’s father-in-law’s house) till the later part of July-2005 A.D. In the meantime, Sirajul Islam to meet his problem took a loan of Tk.2,50,000/- from Aktar Hossain which Siraj did not pay back to Aktar Hossain. Aktar Hossain had a shop in the Po......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......his crucifixion, he is still not quite sure whether to preach love or murder Romans". 22. Powerful, eccentric, bloody, filled with theological gaffes, "Temptation" is an excruciatingly earnest and freewheeling docudrama based on 1955 best selling novel by a tormented Greek Orthodox believer, Niko......spondent No.1 to certify and transmit the records and other relevant documents to this Hon'ble Court for their perusal by their Lordships: C) Restrain by an order of injunction the respondent No.3 from releasing and exhibiting the film 'Hason Raja' pending bearing of the Rule. D) Make the Rule......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...Category: Civil Law | Date: | Hits: 210
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......his argument reading out the preamble of the Constitution laying stress that fundamental principles of the state policy aiming at the realisation through the democratic process of a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedom, eq...... Chief Election Commissioner. It is stated that after taking oath the Respondent No.1 resigned and/or relinquished his office as a Judge and he continued to hold office as Chief Election Commissioner from 25-12‑90 to 18‑4‑95 but while the tenure of office as Chief Election Commissioner was abo......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....life and human society as we know them, would be impossible without the use and consumption of material things. We need food to eat, clothes to wear and tools to use in order to win a living from our environment. But to eat food we have to have land to grow on it and to do that we must first get hol......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......e suit by filing a joint written statement denying all the material assertions and allegations contained in the plaint claiming that their predecessor-in-interest Salamatullah purchased the suit land from Cherag Ali Pandit, a literate, elite, very well known and reputed person in the locality and th......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
..... Mohiuddin Faruk was the secretary-general of the Bangladesh Environmental Lawyers’ Association shortly called BELA. The said organisation has been contributing to maintain balance in the filed of environment and ecology of Bangladesh. In that writ petition the implementation of Flood Action Prog......road. He is concerned for violation of Human Rights, viz, torture, arbitrary arrest, extra-judicial killings, involuntary disappearance which is being carried out by the Indian Government against the freedom fighters struggling for right to self-determination of the Assamese people since 1979. The p......mid, Advocate - For the Petitioner. Writ Petition No. 405 of 1998. Judgment AM Mahmudur Rahman J.- The Saiful Islam Dilder, the Secretary-General of Bangladesh Human Rights Commission, seeks from us issuance of a Rule on the Government of the People’s Republic of Bangladesh and other Gove...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......e building be pre-empted accordingly in favour of the petitioner-respondent and the right, title, and interest of the case land and the share in the building thereon vest in the petitioner-respondent free from all encumbrances.
5. The contesting opposite party No.1 on being aggrieved by and dissa......ited the case land and building along with other co-sharers. It is also the case of the petitioner that opposite parties 1-3 purchased 0.200 acre of land and three annas share of the building thereon from opposite parties 7 and 8 by registered kabala dated 22-3-79 at a consideration of Taka 30,000.0......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board statÂed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......hat the convict appelÂlant has been suffering from various serious diseases which is life threatening for him and he needs to be given specialized, continuous and intensified treatÂment in a stress free condition outside the prison Mr. Huq, finally, having referred to the decision of the case of A......cult situation within 72 hours when he was kept under detention in Jail custody without having sufficient document with him to give particÂulars of assets. The convict-appellant has been sufÂfering from complicated and serious diseases endanÂgering life for last few months. On 10-9-2008 his physi......on the Medical Board statÂed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..Category: Criminal Law | Date: | Hits: 125
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......that the defendant-appellant failed to execute and register the sale deed in terms of the first sale agreement and in order to make it up she entered into the second agreement for sale out of her own free will. But she again defaulted to execute and register the sale deed within the stipulated time.......would execute and register necessary sale deed in respect of the suit property in favour of the plaintiff-respondent on receipt of the balance consideration amount of Taka 3,25,000.00 within 7 months from the date of execution of the said sale agreement. The defendant-appellant wanted to sell the su......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......the Constitution and cannot be taken away. It continues to exist till the election petition is finally settled. 12. Mr. Ariff further argues that if an election, contemplated under Article 123, is free from dispute it will a complete election as it reaches a finality with gazette notification. Bu......onstitution and cannot be taken away. It continues to exist till the election petition is finally settled. 12. Mr. Ariff further argues that if an election, contemplated under Article 123, is free from dispute it will a complete election as it reaches a finality with gazette notification. But in ......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is disÂmissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......aragraph of the preamble of the Constitution reads as follows:— "Further pledging that it shall be a fundaÂmental aim of the State to realize through the democratic process a socialist society, free from exploitation— a society in which the rule of law, fundamental human rights and freedom, ......arch, 2010 in Civil Review Petition for Leave to Appeal No. 80 of 2009. 2.  The facts giving raise to this appeal are as follows:— The appellant obtained a loan of taka 7,50,000 on 12-9-1989 from Sonali Bank (hereÂinafter referred to as the Bank) in order to comÂplete the unfinished const......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is disÂmissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. Â ......sed that she was the Head of the Department of English of Saint Joseph High-School and College. She had been serving in that school for last 35 years. He husband late M Sadekin was a journalist and a freedom fighter. Deceased Joyanti Munshi was her second daughter. She was an Architect of BUET. On 1......e dead body of the deceased at 4-05 PM and sent the dead body to the morgue for post mortem examination for ascertaining the cause of death. He seized one orna, a revolving chair and a cot as alamats from the place of occurrence bed room under a seizure-list and recorded the statement of the maid se......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. Â ..Category: Criminal Law | Date: | Hits: 114
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......€‘ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and fair, on this premise, the opposition parties, namely, the Awami League, Jatiya Party and J......dents, namely, respondent Nos. 3‑5, have promptly filed affidavit‑ in-opposition to such supplementary affidavit praying for recording that the Rule so issued earlier has become infructuous apart from raising some questions on maintainability. 4. All these questions and the writ petition shal...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......the Court, everyÂwhere, and all the time. They must regulate their behaviour and dealings with those who have to come in contact with them, in such a way that there can, arise no occasion when their free and fair mind and sense of impartiality may become subject of criticism or speculation. They mu......eputy Attorney-General and the decision cited by him unanimously have arrived at a different conclusion resulting in the acquittal of the appellant. 5. I cannot but observe that the entire matter, from beginning to end, before it reaÂched this Court is most embarrassing I wish it had not happene......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......aised by the respondent is an outcome of erroneous interpretation of Article 102 of our Constitution. According to him the very fact that a plot worth several crores was conveyed to the NSF virtually free, by itself goes a long way to demonstrate that the said body is engaged in performing functions......nd therefore, the agreement signed pursuant to that decision, is without lawful authority. 12. In order to carry on business in the demised premises the respondent no.1 has to obtain trade license from the Dhaka City Corporation (DCC) and therefore, the DCC is also required to be directed not to ......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......ion of distribution of awards of the Foundation to brilliant students and senior lawyers in the year of 2002.
4. The petitioner introduced green plantation theme by planting various valuable trees from Doel Chatter to High Court Mazar and Matshabhaban to the Segunbagicha, commencing the same prog......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
..
Category: Civil Law | Date: | Hits: 218
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......rticularly in Magura Pourashava by‑election held in 1994, the people, specially belonging to the opposition political parties and also the people at large, were of the view that there cannot be any free and fair election by the government comprised of persons belonging to a political party inasmuc......democracy in Bangladesh. Concept of a neutral caretaker government as desired by the people is a government which will be solely‑and exclusively committed to the empowerment of the electorates free from fear and pressure of the muscle and money power so that they can freely choose the government t......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG CorÂporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......ban Development vide No.6/4L/4/76/1118 dated 30.8.80. The mortgagor has assured the Bank that they have paid all land revenues, taxes, duties and charge upto date and that the schedule properties are free from any encumbrances except those with BSRS". The respondent covenanted as follows: "(1......xiliary security. The respondent executed a deed of mortgage to meet the requirement of the BCCI offering some immovable properties as the additional security after obtaining no objecÂtion clearance from the Bangladesh Shilpa Rin Sangstha, with which the properties were mortgaged. The mortgage deed...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......tion or drawn up a conviction or order that was bad on it’s face was a writ of certiorari to quash the conviction or order. The process by which this proposition came to be established is still not free from obscurity; but by 1700 it was possible for Holt CJ, in the famous case of Groenvelt Vs. Bu......which has been questioned by this petition. It has been asserted that since a decision arrived at with a mala fide intent can not be reckoned to be a decision in the eye of law, the whole proceeding, from top to the toe, is bound to founder. It has been contended that as per Section 3 of the Durnity...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
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