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State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......iminal Appeal No.1437 of 1991. Judgment Md. Badruzzaman J.- The Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Brahmanbaria, for confirmation of the sentence of death imposed upon accused Tajul Islam, Abdul Hossain, Feroz Mia...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......d Tajul Islam and Badsha @ Chora Badsha are convicted for the offence punishable under sections 302/34 of the Penal Code and the sentence of death imposed upon them by the learned Additional Sessions Judges is confirmed.” 86. The sentence of death imposed upon accused Abul Hossain, Feroz Mia..Category: Criminal Law | Date: | Hits: 139
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....he High Court Division in writ petition No.7428 of 2003 positively within 7(seven) days from the date, Mr. Moinul Hossain the learned counsel is candid enough to give undertaking that no petition for contempt of Court will be filed in the meantime." 10. In the meantime the petitioner submitted in......r of the petitioner. 2. The background leading to the petition in short, is that the petitioner is a private limited company engaged in the business of importing Crude Palm Olein (CPO) from abroad for local consumption after refinement of the same. Respondent No.4 Alhaj Oil Mills Limited is also ......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 172
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......8, 3.1.89 and 19.1.89 of the learned District Judge passed in Money Suit No.2 of 1988 instituted on 2.11.1988 under Or. 37 CPC by the petitioners against the opposite parties on the basis of a cheque for Tk. 1,77,200.00 with interest of Tk. 13,896.16 accrued on the aforesaid amount till the institut......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......lso finds support in the case of Habib Bank Ltd. Vs. Ali Mohlaram Naqvi, PLD 1987 Kar. 102. We ourselves find a decision in the case of Santosh Kumar Vs. Bhai Mool Singh, 1958 (SC)wherein the learned Judges of the Supreme Court held that at the stage of granting leave what the Court had to determine..Category: Procedural Law | Date: | Hits: 155
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......inuddin Ahmed & others, 39 DLR (AD) I; Colquhoun Vs. Brooks, (1889) 14 App. case 493 (496); Canada Sugar Refining Co. Vs. R (1898) AC 735 (741) Lawyers Involved: AKM Asaduzzaman, Advocate‑for the defendant‑Appellant. Nazrul Islam, Advocate‑For the plaintiff-respondent. Sajjad......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......Amin Vs. District Judge and Appellate Election Tribunal Bhola and others, reported in 38 DLR (AD) 172 wherein, it has been observed by their Lordships as follows: ‘‘While interpreting statutes Judges are not expected to apply pre‑conceived notions nor can they be expected to arrive at the c..Category: Civil Law | Date: | Hits: 169
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......83 against the Order of conviction and sentence of death and along with these appeals, we have heard the death Reference No.9 of 1983 made to this Court by Additional Sessions Judge, 3rd Court Khulna for confirmation of sentence of death. This Judgment will dispose of aforesaid appeals as well as ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......mpassion and grace, though delay in execution of death sentence has been made ground by his Lordship for vacating the capital punishment. 20. Be that as it may it is found that different learned Judges hold different views on the subject under controversy. We have already pointed out that delay..Category: Criminal Law | Date: | Hits: 134
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......d Kazi Ebadul Hoque JJ. As the learned Judges, by delivering separate Judgments, differed from each other on the questions involved in the case the learned Chief Justice has referred the matter to me for hearing and disposal. 2. One Dr. ABM Quabil Ahmed as the Principal of Rajbari Homeopathic ......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......Petition No.1648 of 1989. Judgment Bimalendu Bikash Roy Choudhury J.- This Writ Petition was earlier heard by a division bench comprising MH Raman and Kazi Ebadul Hoque JJ. As the learned Judges, by delivering separate Judgments, differed from each other on the questions involved in the ..Category: Others | Date: | Hits: 154
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ......e 1 of the Code of Civil Procedure read with section 151 of the said Code has been preferred by the Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet for reviewing the judgment and decree dated 7th and 8th March, 1989 passed by this Court in Sylhet H...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ..Category: Property Law | Date: | Hits: 157
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......assed by the High Court Division in Death Reference No.94 of 2005 with Criminal Appeal No.2686 of 2005 and Jail Appeal No.690 of 2005.) Judgment Muhammad Imman Ali J. - This jail petition for leave to appeal at the instance of the condemned petitioner Mohammad Selim is directed against t...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... A. B. M. Bayezid, the learned Advocate appearing on behalf of the petitioner submits that although the conviction is primarily based on the confession of the accused, the trial Judge and the learned Judges of the High Court Division failed to take into account that the petitioner while admitting hi..Category: Criminal Law | Date: | Hits: 98
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Anisul Haque, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 368 of 2010. (From the judgment and order dated 2nd July, 2009 passed ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......rrence was called by the police to witness the search and seizure. The High Court Division also pointed out discrepancy occurring in the testimony of the prosecution witnesses which led the Hon’ble Judges of the High Court Division to allow the appeal and acquit the respondent. We find from the ma..Category: Criminal Law | Date: | Hits: 119
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....er opposite party instituted other Execution case No.5 of 2002 and the present judgment-debtor petitioners were asked to appear personally in the Court and to submit reply as to why allegations for contempt/violation of the Court should not be brought against them. The present judgment-debtor pe......thereby affirming those of dated 11-1-2004 passed by the learned Senior Assistant Judge, Chandanaish, Chittagong, in other Execution case No.5 of 2002 making an order of arrest of the judgment-debtor for detention in Civil prison for a period of 6(six) weeks. 2. Short facts leading to the issuanc...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ..Category: Civil Law | Date: | Hits: 166
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ni P.S. Gulshan, Dhaka and 41/1, Dilu Road, P.S. Ramna, Dhaka became known to the complainant in Qatar City in course of business. The complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often.......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......n Das Vs. Surendra Mohan Das, AIR 1951 Calcutta (FB) 69. Relying on the decision in the case of Piddocke Vs. Bunt, (1894) I Ch.343 it was held by the Full Bench of Calcutta High Court consisting of 5 Judges in the said case of Bhuban Mohan Das, AIR. 1951 Calcutta (FB) 69 as follows: "The share of a ..Category: Criminal Law | Date: | Hits: 362
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
.... application under Article 108 of the Constitution of the People's Republic of Bangladesh read with section 2 of the Contempt of Court Act, 1926. 2. It is stated in the application that certain contemptuous statements have been made against Mahmudul Amin Chowdhury, a Judge of this Court, in re...... Contempt of Court Act, 1926. 2. It is stated in the application that certain contemptuous statements have been made against Mahmudul Amin Chowdhury, a Judge of this Court, in respect of his performance as Commissioner of Chittagong University Enquiry Commission appointed under the Commissions......ion 10A of the Commission of Inquiry Act, 1952 of India (as amended in 1971). There is no provision either in the Commission of Inquiry Act, 1956 of Bangladesh or Pakistan for taking penal action for scandalising or bringing into disrepute the Commission of Inquiry or contempt of the commission of i......mission appointed under the Commission of Inquiry Act, 1952. We have considered the decision reported in AIR 1954 (Nagpur) 71 and we are in respectful agreement with the views expressed by the teamed Judges of the Nagpur High Court. For the reasons stated above the application for drawing up c..Category: Criminal Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......o Reported in: 48 DLR (HCD) (1996) 95. ......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......his application before issuance of the Rule a Gazette notification, namely, Bangladesh Gazette dated 28.8.95 issued by the Ministry of Law, Justice and Parliamentary Affairs, establishing the Session Judges Court at the aforesaid building at Nazimuddin Road for holding its sitting and for trial of t..Category: Criminal Law | Date: | Hits: 121
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......istant Attorney-General ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka ar......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......e brought in section 29C of the Code of Criminal Procedure and the introduction of section 31(4) of the Code of Criminal Procedure or whether he shall be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......where in a District, the District Magistrate, Additional District Magistrate or any Magistrate of the first class is specially empowered under section 29C to try any offence, all Assistant Sessions Judges of the Sessions Division within which the District is situate shall be deemed to have been ..Category: Criminal Law | Date: | Hits: 158
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....5 of 1985 and in Contempt Petition No.3 of 1987). Writ Petition Nos. 425 of 1985 and 1634 of 1988 with Contempt Petition No.3 of 1987. Judgment Mustafa Kamal J.- These two Rules Nisi and the contempt petition have been heard together and will be disposed of by this common judgment as they a...... J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry of Land Administration and Land Reforms and others..................................Respondents (In Writ Petition No. 425 of 1985). ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
.... Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 120......uzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR......der Article 102 of the Constitution of the People's Republic of Bangladesh. 5. Before I embark upon the discussion of the Article I want to state, briefly, the object of punishing for contempt for scandalising Judges. In ex parte Whitmore it has been stated thus: "The law punishes the contemne...... Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....party No.1 through Execution case No.2 of 1998 as the opposite party No.1 did not comply with the term of the decree within the stipulated time. The opposite party No.1 filed an application to draw contempt proceeding against the Chairman, Bangladesh Telegraph and Telephone Board (hereinafter call......Syed Amirul Islam J.- This Rule arises out of an arbitration agreement entered into between the judgment-debtor and the decree-holder-opposite party No.1. The said agreement was executed on 22-6-1987 for laying cable at Mirpur Telephone Exchange and after completion of the work a dispute arose bet......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....tioner by breaking doors in occupation of the tenant of the petitioner and they also removed and took away various articles. As a result the petitioner was compelled to file a petition for drawing up contempt proceeding before this Hon’ble Court being Contempt Petition No.10 of 1988 which is pendi......espect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of land appertaining to CS Khatian No.225 of mouza Kafrul, JL No.268 under former PS Keraniganj was owned and possessed by its recorded tenants namely; Sobhan Matbar and Nazar...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426....... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......learned Subordinate Judge, Bogra have been transferred to the Courts of different Assistant Judges of different Upazilas within the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......d and sixty four) suits including O.C. Suit No.305 of 1980 and O.C. Suit No.181 of 1982 of the Court of the learned Subordinate Judge, Bogra have been transferred to the Courts of different Assistant Judges of different Upazilas within the district of Bogra under section 24 of the Code of Civil Pr..Category: Procedural Law | Date: | Hits: 152
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