Search Options
Judgment Advanced Search
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 ...... true. No offence, therefore, may be taken for re-production of the report. Their further case is that no action has been taken against the daily Jugantor for publishing it and so there cannot be any proceeding against the daily 'Manabjamin' for the said news. It is contended that in the afo..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
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.......ce attracted by the provision of the Child Marriage Restraint Act in the present forum, nor the marriage of an under-aged girl (below 18 years) is liable to be found illegal. If any separate criminal proceeding is initiated under the Child Marriage Restraint Act, the concerned Court shall decide the..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. ...... is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 The decree holders should be allowed to enjoy the fruits of the decree and upon filing a subsequent suit further proceeding of the execution case cannot be stayed. When the petitioners were parties in the original..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... 5. In the meantime the complainant respondent filed a Money Suit No. 22 of 1995 in the Court of Subordinate Judge, 3rd Court, Dhaka or realisation of money. Being aggrieved with the proceeding in CR Case No. 1211 of 1995 before the Chief Metropolitan Magistrate, Dhaka, the petition..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
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. ...... below. Defendants also failed to prove their case of monthly tenancy. D.W. 2 and D.W.3 are the tenants of the plaintiffs and the trial Court has correctly found that they were gained over during the proceeding of the suit, which would be evident, from exhibits 'Ta' and 'Tha'. He rel..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ...... a sale and not an exchange and it was alleged that the transaction was shown as exchange in order to defeat the claim of pre‑emption. 3. During the pendency of the said preemption proceeding, the purchaser respondent No. 1 (pre-emptee) filed an application under Order VII ru..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ...... in cases in which there is total assignment, creation or devolution of the entire interest of a party to the suit in favour of a party who wishes to bring himself on record as a party to the pending proceeding. This provision deals with cases where there is change of status in totality of the inter..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
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. ......e other hand, the defendant‑judgment‑debtor petitioners preferred Second Appeal No. 583 of 1964 before the then East Pakistan High Court and the High Court was pleased to stay all further proceedings of other Execution Case No. 70 of 1964 on 4‑12‑1964 till disposal of the Sec..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......138 of the Negotiable Instruments Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil suit. Since there is a prima facie case the ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
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. ......ed on ground of non availability of the necessary medical report regarding the mental condition of condemned prisoner. 6. On 17-7-94 an application was filed by the prosecution with a prayer for proceeding with the trial by examining witnesses without any medical report stating that the mental ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
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 citizens of the land. 2. The transgression of limits of law and causing violence and atrocity and performing acts of misconduct sometimes make the Polices personnel’s accused in Criminal proceeding at the instance of victims of violence, atrocity and act of misconduct. 3. The ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
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. ......tion, on the other hand, submits that this delay in disposal of the case is for no fault of the prosecution. This appellant along with other accused on several occasions took adjournments and got the proceeding stayed from the higher Court on various pleas and when they were instrumental in delaying..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
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. ......1)(d) of the Constitution of the People’s Republic of Bangladesh and, as such, the present petitioner is not entitled to act or continue as a Member of the Parliament or to sit or attend in any proceeding of the same. It is the case of the writ petitioner No. 1 that he is a voter of 21 Rangpur..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....t-Bank that "in the FIR it has been stated that on the request of respondent No. 1 the disputed DANO Milk Powder was delivered to the importer and this statement by itself cannot be a ground for quashing the proceeding when there is clear allegation that the accused persons in collusion with ea...... short time. It was alleged in the FIR that the accused persons thus committed offences under section 406/420 of the Penal Code. 4. Both the respondents then sought quashment of the said proceedings against them invoking the jurisdiction of the High Court Division under section 561A of ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......sp; July 30, 2001. The Contempt of Courts Act, 1926 (XII of 1926) In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....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. ......ural 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 proceeding were duly served upon the petitioner. Hence there is no violation of the principle of n..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....Party ‑State. Criminal Miscellaneous Case No. 2860 of 1999. Judgment Namun Ara Sultana J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of Case No. 207C of 1997 (Kotwali) under section 138 of Negotiable Instrumen......e. Criminal Miscellaneous Case No. 2860 of 1999. Judgment Namun Ara Sultana J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of Case No. 207C of 1997 (Kotwali) under section 138 of Negotiable Instruments Act now pe..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
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. ......s “which otherwise comes to its knowledge” means which comes to the know ledge of High Court Division in any other way. When any matter is bought before High Court Division in any case or proceeding which is incompetent, the case or proceeding comes to the knowledge of High Court divisio..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ...... during the pendency of the suit. In this suit, no leave under rule 8 of Order 1 was obtained by the plaintiff to sue on behalf of the 562 allottees; Even no application was filed at any stage of the proceeding seeking permission of the Court sue on their behalf. 14. The object with which this ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......learned Judges of the High Court Division erred in law in holding the same to be malafide one. 5. It appears that the Corporation initially wanted to remove the respondent through a proceeding and that having failed, they wanted to take action for compulsory retirement under Regula..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84