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Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......72 Article 102
By way of mandamus enforcement of any legal right or to redress the violation thereof could be availed.
Case Referred to-
Queen Vs. Guardian of the Lewisham Union, 1897, 1 QB 498.
Lawyers Involved:
Md. Moksudur Rahman, Senior Advocate, ins......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....o local police station as above. SI Md. Mosharaf Hossain (P.W. 7) came to the house of the informant, held inquest on the dead body, prepared inquest report and sent the dead body to morgue for postmortem examination. 3. Police submitted charge-sheet against the appellants under section&n......reafter Shaymol and his mother went to their house on foot and he returned to his own house. P.W. 3 found Shaymol well in his house in the night. In cross-examination P.W. 3 stated that he does not remember whether he stated to daroga that Shaymol's mother disclosed the names of 3(three) accused......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....by Hamida Chowdhury, styling her as Secretary of the Advisory Board stating, inter alia, that she joined as a Member of Bangladesh Civil Service (Administration) Cadre in 1993 and eventually has been posted as the Senior Assistant Secretary, Ministry of Home Affairs in the year 2000 dealing with the...... Court] and the other shall be a person who is a Senior Officer in the Service of the Republic, and such persons shall be appointed by the Government. (3) The Government shall appoint one of the members of the Advisory Board who is, or has been, or is qualified to be appointed as, a Judge of th......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. ......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. ..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)
....Pakistan Circle/Dhaka Cantonment under the Ministry of Defence and, according to the said petitioner, he was running his service to the best. of his capacity and honestly and he was promoted to the post of the Assistant Director, Administration, Class‑1, Military Lands of the Cantonment, by......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. ......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. ......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. ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......ss-examination P.W.1 stated that she did not have any discussion with the accused appellant about settlement but she had a discussion with her husband's uncle in the Magistrate Court. She could not remember when they told her brother that they would come to their house for settlement on that date. H......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....operty, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery". The other section i.e. section 464, postulates circumstances in which a person is said to "make a false document". ......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......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. ......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)
....maggot formation). (2) Contusions of the frontal and occipital scalp (transmatic). (3) A piece of cloth was tightly ligated on neck (skin abrasion positive). 15. On deep dissection the posterior part of vaginal introitus was found raptured and lacerated. Black clotted extravasated blo......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.......e court on 4-6-1997 and he denied suggestion that he did not comply with the provision of law in recording the statement of the accused. 18. PW 18 Md. Abdul Baten Bhuiyan was a Chairman of Amlab Union Parishad at the relevant time and he is a witness of inquest Exhibit 2. 19. PW 19 Md. Ren......t on 4-6-1997 and he denied suggestion that he did not comply with the provision of law in recording the statement of the accused. 18. PW 18 Md. Abdul Baten Bhuiyan was a Chairman of Amlab Union Parishad at the relevant time and he is a witness of inquest Exhibit 2. 19. PW 19 Md. Renu Miah..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)
.... 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. ......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. ......ithout lawful authority and to be of no legal effect. 5. Writ petitioner Nos. 1 and 3 are professors of Dhaka University and the Writ petitioner No. 2 is the President of Bangladesh Federal Union of Journalists. The petitioners feel that the matter raised in the writ petition involves br...... 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
....d plays a significant role as a 'watchdog' for the law enforcement machinery of the republic. Rule of law, equal justice for all and strict law enforcement being a social and a constitutional postulate, 'Daily Janakantha' is committed to and dedicated for upholding those values. It i......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....... PC b.2, c.22, s.35), RV Almon (1765), Wilm, 243 at page 255, AIR 1952 Cal 258, PLD 1961 (WP) Lah 51, AIR 1941 BOM 228, 35 DLR (AD) 290 in paragraph No. 13, (1887) 35 Ch.D. 449, Charen Lal Saher Vs. Union of India and another, (1988) 3 SCC 255, SP Gupta AIR 1982 SC 149, Supreme Court Advocates-on-R......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 ..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. ......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)
.... 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.......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 ...... proof of the fact that the said Kabinnama was issued and registered at their Kazi office and Kari Muzzaffar solemnized their marriage fixing “Den Mohar” at Taka 5,001. It is also stated that one Union Parisad member Yousuf Ali and Dafader were present in the marriage ceremony. According to his ...... 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)
....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. ......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......uthority and to be of no legal effect. 2. In this Writ petition two of the petitioners (Nos.1 and 3) are professors of Dhaka University and the petitioner No.2 is President of Bangladesh Federal Union of Journalists. The petitioners claim that the matter raised in the petition involve breaches ......he facts and circumstances of each case. The two most important Judgments on this point of our Appellate Division are reported in 49 DLR (AD) 1 and another in 43 DLR (AD) 126 [Bangladesh Sangbadpatra Parishad Vs. Bangladesh] In these two cases, our Appellate Division determined some guidelines regar..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. ......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. ......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. ...... Vs. Rousahan Ara, 39 DLR (AD) 22; Achal Reddy Vs. Ramakrishna Reddiar, AIR 1990 (SC)553=(1990) 4 SCC 706; Abdul Jalil Miah vs Niropama Ritchil, 49 DLR (AD) 61=1997 BLD (AD) 63; Salma Khatun vs Zilla Parishad 51 DLR (AD) 257; Mahaprabhu Ram vs Gopal Ram 42 DLR (AD) 154; Jogeridra Nath vs Amulya Chan..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
.... in material respects. He stated that he recorded the statement of injured Asaruddin in presence of 7/8 persons. 20. PW 6 constable Omar Ali escorted the dead body of Asaruddin to the morgue for post mortem examination and identified it to the doctor. 21. PW 7 Dr. Md. Abdul Hannan Khan, RM......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. ......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. ......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. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....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. ......…..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
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. ......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. ...... others, 45 DLR (HCD) 643; Shiplu and another Vs. The State, 49 DLR (HCD) 53; Bablu Vs. State, 1 BLD 1981 (HCD) 454; Bakhtair Hossain Vs. The State, 47 DLR (HCD) 542; Sheela Barse and another Vs. The Union of India and others, AIR 1986(SC) 1777. Lawyers Involved: Md. Idrisur Rahman with M.A. M......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. ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....ked down upon by the society. If the answer is in the affirmative the act involves moral turpitude.” 15. Here in the present case the petitioner was the President of the country and the post is a very dignified and honorable one and while in such an exalted position the petitioner comm............... 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).
.........Respondent Judgment July 24, 2001. Natural Justice Sending of letters to the address of the petitioner by registered post and the envelop having not returned to the sender, legal presumption is that notices of the pr......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
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......hahi in Criminal Miscellaneous Case No. 180 of 2000 cancelling bail of accused‑petitioner which was granted by him by his order dated 2‑5‑2000. 2. Md. Golam Rabbani, Chairman of Shuvadanga Union Parishad, Rajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on la......n Criminal Miscellaneous Case No. 180 of 2000 cancelling bail of accused‑petitioner which was granted by him by his order dated 2‑5‑2000. 2. Md. Golam Rabbani, Chairman of Shuvadanga Union Parishad, Rajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on laying a..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
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