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....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......lection of any office of the local bodies or of the Parliament by open ballots. In support of his submission the learned Counsel referred to Article 39 of the Constitution by which, he contends, that freedom of thought and conscience of the citizen is guaranteed. In the midst of hearing another appl...... as in 1972. Mr. Huq submits that Bangladesh Constitution as like that of USA does not say that voting would be by secret ballot. He said that in the Act no restriction has been imposed on the voters from exercising their right freely and to vote according to his thought and conscience but only at t......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
..
Category: Constitutional Law | Date: | Hits: 229
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......are in fact directory in nature. The sole object and dominant purpose behind all these instructions are that Magistrate must make real and earnest endevour to ensure that confession of the accused is freely and voluntarily made and not caused by any inducement, threat, promise or torture. He should ......rst Information Report was lodged by one Shafique Ahmed on 30.3.85 at 9 PM at Dhanmondi PS being Dhanmondi PS Case No. 65(3)85 alleging inter alia that the informant received a telephone call at 4 PM from his uncle Nurur Rahman that at 41/4‑A, Jigatala in Dhaka City his distant cousin Kaoser son o......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......he Court declared the detention of the detenu to be illegal and directed the detaining authority to release him forthwith it allowed the detenu to go out of the jail gate, but before he could breathe free air, got him arrested and kept him confined in a police van until a fresh order of detention wa......angladesh Nationalist Party. He was taken into custody pursuant to an order dated 13.9.87 made by the Additional District Magistrate, Dhaka under section 3(2) of the Act with a view to preventing him from committing any act prejudicial to public safety and public order. Subsequently the Government a......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......n stating that she was a student of Class IX. 6. The learned Magistrate after hearing the matter by his order dated 12.9.90 found that the victim girl being a minor and incapable of exercising her free will would go to the custody of her father, in default, she would remain in judicial custody. A......rd of Doctors wherein the age of the girl has been stated as between 14 to 15 years. In support of the minority of the girl, the petitioner also produced the attested copy of the Transfer Certificate from the Headmaster, Chhagalnaiya Primary School dated 26.1.87 wherein her date of birth was mention......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......he contended that on and from 26.1.50 when the Constitution came into force such inconsistent laws which became void, could not be looked at for any purpose or for framing of a charge for punishing a free citizen. The majority view of the Indian Supreme Court in that case had been that the meaning o......on was challenged in writ petition No. 612 of 1991 and a Division Bench of this Court declared the detention of the petitioner illegal and without lawful authority but the petitioner was not released from custody because he was shown to have been detained under a specific case arising out of section......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......e appellants. Therefore such circumstantial evidence being not incompatible innocence of the appellants cannot form the basis of conviction. 35. A criminal trial is not like a fairy tale as one is free to give flight to one's imagination and fantasy. It concerns itself with question whether accus...... an abandoned property. The informant along with others took settlement of the land of Paul Choudhury. The accused party claiming them to be Borgadar of Paul Choudhury's land tried to dispossess them from the land and that led to the creation of much bad blood between them and got both parties invol......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......rs. That the plaintiff never befooled the defendant No.1 and never obtained her signature in a blank stamp‑paper in the name of her daughter in jail and she has signed the said agreement out of her free will." 9. It is well‑settled that power under Order VI, rule 17 of the Code of Civil Proce......‘time filed a written statement on 18.9.88 to contest the suit contending, inter alia, that she decided to sell out the property in question to defendant Nos. 2 and 3 after obtaining necessary stamps from the treasury and ultimately she had sold out the suit‑property to the defendants 2 and 3 by t......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..Category: Procedural Law | Date: | Hits: 76
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......and‑thereby to endanger public safely and public order and as such the detention of the detenu has become necessary with a view to preserve and protect the public safety and public order for having free and fair election in the country; that the detenu was removed on the 2no January, 1986 from the......he is not being held in Custody without lawful authority or in an unlawful manner.
2. This Rule was issued on 2.1.91 and in the meantime the detenu was shifted to the Dhaka Central Jail on 29.1.91 from his 159, Gulshan Avenue residence where he is now being detained.
3. It is stated in the a......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
..
Category: Constitutional Law | Date: | Hits: 178
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......nder any law for the time being in force and also all lands, so lost by diluvion under the said sub‑section, which may re‑appear on or after the said date, shall vest absolutely in the Government free from all encumbrances and shall be at its disposal. (4).............................. (5)...... Md. Shamsul Alam, Deputy Attorney General with Obaidur Rahman, Assistant Attorney General ‑ For the Appellant. Hemayetuddin Ahmed, Advocate ‑ For the Respondent Nos. 8‑11 and 14. Appeal from Original Decree No. 432 of 1968. Judgment Bimalendu Bikasli Roy Choudhury J. - This appea......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......he other course, which is rather easy, to direct the police to hold further investigation. And in case a Naraji‑petition is filed either by the informant or any other complainant, the Magistrate is free to take cognizance upon examination of the complainant, and, if necessary, on examination of so...... Criminal Procedure. 6. Admittedly, the occurrence took place on 3‑7‑87 and the First Information report was lodged on 4.7.87. Police completed the investigation on 1‑8.10.87 within 120 days from late of the filing of the FIR but the police report was received by the Court on 31‑10‑87. ......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......tiff has failed to show that the government had the intention to sell the aforesaid five properties along with the Industrial unit M/s Ferdous Tannery and since the agreement itself is very clear and free from any ambiguity we are of the view that the present suit for specific performance of contrac......es were also shown to be assets of Ferdous Tannery as per income‑tax assessment return for the years 1964 to 1971. He denied that he was given possession of the entire properties which he purchased from the Government. He signed the deed of agreement with an objection but it was not endorsed in it......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
..
Category: Property Law | Date: | Hits: 73
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......red on 29.11.89 by the Special Tribunal on the request from the side of the appellant‑petitioner, the Bench Clerk of the Court concerned promised to supply him with a certified copy of the Judgment free of cost on 30.11.89 but on that date the Bench Clerk failed to supply the same on the plea that......nal Case No. 19 of 1989, by his judgment and order dated 29.11.89. 3. It has been stated in the application that after the Judgment was delivered on 29.11.89 by the Special Tribunal on the request from the side of the appellant‑petitioner, the Bench Clerk of the Court concerned promised to supp......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......lls in the category of scandalizing the Court, but according to him, such scandalization is permissible and does not come within the ambit of the Contempt of Court. According to the learned Counsel, "freedom of press" is not included in any of the constitutions of the globe other than in the Constit......ent to torÂture the citizens. He then said, even if, fortuÂnately, the tortured one is enlarged on bail, the gaol is being locked by the Chamber (Judge). This process, according to him, was started from the time of Moyeen's Chamber Judges which process has continued till now. The judgments of the ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......malice "ought not to be presumed." Knowledge alone, however, cannot establish express malice or malice in fact as otherwise the sky would be the limit. A lawyer cannot carry on his profession, if his freedom is so fettered. The imputation complained of is his or her own but has been made on behalf o......posite party No.2 herein) in writing to explain her alleged shameless, malicious and indecent conduct. The accused No.1 (opposite party No.2 herein) on receipt of the said letter dated 22nd July 1985 from the Head Master instructed her lawyer Mrs. Sigma Huda, the accused petitioner, to write and sen......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 192
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......ied all the centres and took away ballot papers from the officers conducting the election and put seals against the mark "Plough" which was the symbol of the petitioner; that as a result there was no free and fair election at the centres but the petitioner was illegally declared to have been elected...... voters of the said centre. He also alleged that on the date of election the muscle‑men of opposite Party No.1 being armed with various firearms occupied all the centres and took away ballot papers from the officers conducting the election and put seals against the mark "Plough" which was the symb......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......y the defendant to the plaintiffs. 9. The learned Trial Court found Ext. 1 is out and out the sale deed and the defendant got the land by the sale deed executed and registered on 2.10.63absolutely free from all encumbrances. The Trial Court also found that the Ext. 3 which is the judgment of the ......of Munsif, Kushtia against the defendant‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed a sale deed in favour of the defendant. It was subsequently settled ......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
.... grounds" or "sufficient grounds" some of which are, namely, balance of convenience of the parties, bias in a Judge causing reasonable apprehension of not getting justice, embarrassment of the Court, environment not congenial to fair trial, common question of law and facts raised in the suits, a qu......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. .......2 -respondent No.2 and the plaintiff-petitioner for selling of 1.50 lac cubit feet of timber worth Tk.3,00,00,000/- and in lieu thereof "the defendants had received Tk. 20,00,000/- as security money from the plaintiff-petitioner. Subsequently, the plaintiff-petitioner allegedly spent at least Tk. 2......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... the Government in revenue sale and Lilabati Das took fresh settlement front the Government on 30.10.59 and had been in possession thereof. The plaintiffs acquired the land by settlement and purchase from Lilabati Das and were possessing the same. They came to know shortly before the institution of ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......of the Penal Code is only in connection with the disposal of this Rule and the same will have no bearing on the merit of the case under section 420 BPC at the trial. The trial Court will, however, be free to have its own observation and finding on consideration of the evidence that may be led by the......t requirements. He at first refused to comply with the request but at the entreaties of the accused he ultimately agreed to lend him the same. On 27.6.83 the accused received the sum of Tk. 47,500.00 from the complainant from his shop at Agla Bazar in presence of witnesses after executing a document......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......e accused appellants guilty of the charges of a capital sentence though the learned Advocate concedes to the principle of law that section 32 of the Evidence Act the dying declaration, if it is found free from any doubt, can be made the sole basis of conviction. With regard to the acceptability of t......arts of the body of Md. Abu Sayeed with the weapons in their hands. At that time witnesses Sohel and Abul Khair came to the place of occurrence on a motor cycle. P.W. Backkar saw the whole occurrence from a nearby shop. The accused persons fled away while they were chased by the witnesses and at the......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
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