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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. ......ces of each case. There is also no specific form for a petition under this section. But, as a general rule, however, any person having special interest, right, or authority in or from the person wrongfully detained may seek relief on his behalf. Therefore, an application can be made by his wife, or ......here would be no need to discuss and decide the points raised by the learned Advocates as noted hereinbefore, as in that case it would be mere academic to decide the said points which has been discouraged by the Appellate Division in number of cases. Section 491 of the Code of Criminal Pro..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ...... Servants (Retirement) Act, 1974 (XII of 1974) Section 9(2) The Government Servants (Discipline & Appeal) Rule, 1976 Rule 3 Retirement after completion of 25 years of service with full pension benefit is not a punishment and it is altogether different from dismissal. Removal or ...... not amenable for taking action against them. He further stated that the promotional committee took steps for promotion of them for the public interest as there was dearth of efficient staff to manage the expanded directorate after liberation of Bangladesh. But the proceeding against the petition..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......ent-company discovered that these were not operated properly by the petitioner and were therefore damaged and in a state of disrepair. In such premises, the respondent-company refrained from making full payment to the petitioner although partial payment was made on various dates showing a total pa......anded over to the respondent-company. But on receipt of the said plant and machineries, the respondent-company discovered that these were not operated properly by the petitioner and were therefore damaged and in a state of disrepair. In such premises, the respondent-company refrained from making f..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....াবজ্জীবন কারাদন্ডে দন্ডনীয় হইবেন।” 22. Sub‑section (2) of section 10 of the aforesaid Act provides that whoever being a husband of a woman or the father, mother and other guardian, or relation of the husband or any person for or on b......e of the informant’s father on the said date at 4‑30 PM. The salish was started at 5‑00 PM and the informant party demanded that the accused appellant should take the informant as his wife with full honour and responsibility and that the accused appellant should divorce the illegally married w......reated at Nabogram Bazar. His sister Purnima was staying more than a year with his father as well as with him. He denied that the accused appellant was falsely implicated in the case for the 2nd marriage. 10. Md. Jalal Mollick as P.W.3 deposed that he heard about the incident on 21‑5‑1999. Af..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
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. ......e victim was sent to judicial custody. The appellant then made a prayer for custody of his minor daughter which was rejected by the learned Magistrate and then again the Tribunal was moved unsuccessfully. The appellant then moved the High Court Division under section 491 of the Code of Criminal P......ion 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 the instant case when the age of the victim is prima facie below the age of majority she could be allowed to the custody of f..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ...... free press has a duty to write and publish news items and features concerning matters of utmost public interest so that the members of the public are aware of the happenings surrounding them and are fully abreast with the developments surrounding institutions with which their interests are intertwi...... Ltd [1930] 12 Ch. 368, Vine Products Ltd Vs. Green [1966] ch 484, Attorney-General V. The Times Newspaper Ltd. (1973) 3 All England Law Report 54 (H.L.), Pennekamp Vs. Florida (1946) 90 Led 1295 at page 1313, Salimullah 44 DLR (AD) 309, Habibul Islam Bhuiyan, 51 DLR (AD) 68, 13 DLR (WP) 14, 16 DLR ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....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. ......e prosecution was able to prove its case beyond any reasonable doubt, adducing reliable witnesses. PW 1 is the informant, who proved the first information report. PW 2, the alleged victim, though not fully described the occurrence but stated that she was ravished and she could identify accused Habi ......ence of his son-in-law, accused Hobi and Ashraf tried to have sexual intercourse with Fazila Khatun. On 7‑5‑1997 she came to her father's house. Her grandmother Asia Khatun and aunt Rebeka Begum, aged about 11 years and mother-in-law Maju Bibi were staying in her husband's house. In the night fo..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... 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.......ly, travelled different places including Dhaka, Barisal, Jhalakati, along with the accused Md. Alam accepting the marriage and never put any resistance to the alleged activities of the accused having full opportunity to do so. She appears to have voluntarily resided with the accused Md. Alam accepti......Taka 3000 (three thousand), in default, to suffer rigorous imprisonment for another term of 4(four) months by the same judgment. 2. The prosecution case, in brief, is that the victim Salma Akhter, aged about 12 (twelve) years, used to reside in her parents’ house at village Toukata under Nalcit..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ...... has been done in the present case. The High Court Division on consideration of all the materials on record and the legal position set aside the order of stay and made the Rule absolute and we are in full agreement with the judgment of the High Court Division. The learned Advocate appearing for the ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ...... respondents publicised for‑ward sale of the apartments and granted several advance bookings for such sales against payments made by the intending buyers. While the construction was going on in full swing the petitioner No. 3, the Authorised Officer of RAJUK, issued the impugned memo dated 27&......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
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. ......ion of the mortgage decree against the judgment debtors on 25th July, 1935. The judgment‑debtors objection was that it was barred by limitation. In the course of arriving of the decision by the full Bench several decisions were referred to and relied upon and it was the considered view that th......the suit land be restored to them. 3. The decree holders contested the application of the judgment debtors stating, inter alia, that the judgment debtors and their engaged lawyer had knowledge of the execution case right from 20‑5‑1992 and the notices wer..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. ......hments or installations" and that the "Review Board" was substituted by " Standing Tribunal" and that although the capacity of the respondent's plants is 16 million bottles but they could not produce full capacity for various reasons and that duty on the production capacity was paid for the years fr......J Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Bangladesh and others ..................................................Appellants Vs. Eastern Beverage Industries Ltd and another ................................Respondents Judgment Febru..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......amed against the accused-persons at the trial and the evidence of the witnesses examined in the case as well as the impugned judgment. 10. PW 1 Syed Mazharul Haque, as the informant of the case, fully corroborated the case made out in the FIR. He stated that at about 12-00 noon on 13-6-84 accus......to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. The prosecution case, in short, is that accused Maruf Khan was a mortgagee under Moklesur Rahman in respect of plot No. 10 under khatian No. 555 of mouza Durgapur under K..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......tendered by the prosecution and the defence declined to cross-examine PW 6. PW 7 was however, cross-examined and he stated in cross-examination that both the informant and the condemned prisoner were full brothers. 16. PW 8 Md. Basiruddin was constable attached to the Mymensingh Kotwali PS at t......ut awarding any separate punishment under sections 324 of the Penal Code. 2. The prosecution case, in brief, is that on 16-9-1992 the condemned prisoner Abdus Samad came back to his house at village Maijhati from the house of his father-in-law with his wife, children and the wife of his brother..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
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. ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......aka 1,32,000 and on such settlement the defendants executed the bainapatra and it was also registered on 8‑4‑1993. The defendants stated that the impugned bainapatra contained so disadvantageous terms and contents of bainapatra was not read over to the defendants and submitted for regist..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......e reached National press Club promises. The lament of the Complaint-petitioner is that she was seriously injured at the instance and command of accused persons who, also, indecently bared her body in full view of the public. The incident of violence, torture and atrocity upon her by police and incid......cer and Police representative during Judicial Inquiry to be performed by Metropolitan Magistrate suffers from manifest illegality, legal infirmity and flagrant error of law that cause a gross miscarriage of justice. Paternal or Supervisory power of the High Court The Power of the High Cour..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......of reg. No. Mymensingh Na. 239 was seized by the police and on 16-2-85 other truck reg. No. Dhaka Na. 1737 was handed over to the Bank by its driver. 7. Against the order, the petition unsuccessfully moved this Division in Civil Revision No. 82 of 1982 and the Appellate Division in CP No. 28 o......e Judge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgaged properties were ordered to be sold by public auction. 2. In the application, it is stated ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
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. ...... The Union of India and others reported in AIR, 1986(SC) 1777 it has been held that: “If a child is a national asset, it is the duty of the State to look after the child with a view to ensuring full development of its personality. That is why all the Statutes dealing with children provide that......dhan) Ain, 1995. The convict pleaded him not guilty and accordingly trial was held in the Court of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Adalat. The convict Alamgir Hossain is a child below the age of 16 years and as such the trial as held and the judgment passed by the Special Tribunal is wit..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....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. ......termine it and the decision of the Commission on such reference shall be final. (5) Parliament may by law make such provision as it deems necessary for empowering the Election Commission to give full effect to the provisions of clause (4). 8. So, from this Article it appears that a pers......es as follows: ‘(1) A person shall subject to the provisions of Clause (2) be qualified to be elected as and to be a member of Parliament if he is a citizen of Bangladesh and has at the age of 25 years. (2) A person shall be disqualified for election as or for being a member of Pa..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
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. ......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. ......ery of the stock to the importer. In so many cases it has been finally decided that to constitute an offence under section 420 of the Penal Code there must be allegation of deception at the initial stage of the transaction. The present FIR does not disclose any such deception on the part of the pres..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
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