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M. Saleemullah Vs. State, 2002, 31 CLC (AD)

.... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ......o. 3 of 1988.  2. This Division after elaborate discussion on law relating to contempt held that the High Court Division had rightly found the petitioner guilty of contempt and there was no reason to interfere with its judgment and dismissed the appeal. It was, inter alia, found that the p..

Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....nd a rehearing on the point of change should that be necessary, provided it has not been signed. Another is that after signature a review properly so‑called would lie in civil cases but none in criminal; but the review, when it lies, is only permitted on very narrow grounds. But in this case t......   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ......ts 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 registration in a hurry and stated further, that they ..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ...... Judgment January 22, 2002. The Paurashava Ordinance, 1977 (XXVI of 1977), Section 21 Section 21 of the Pourashava Ordinance has been designed to reallocate the area and delimitation of the wards with emphasis on the distribution of population as..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109

Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)

....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ..

Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

.... numbered Criminal Revision No.683 of 1999 and Criminal Revision No.680 of 2001 under section 439 of The Code of Criminal Procedure. 4. Portrayal of essential facts forcing the background of two criminal Revision Petition may succinctly be stated and noticed. 5. Moni Begum alias Moni, Peti......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: ......point of law and consequently there has been a flagrant miscarriage of justice. This power is to be exercised in aid of justice and there is no from of injustice that the long arm of the Court cannot reach because of administering and dispensing real and substantial justice, the Court alone exist an..

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. ......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. ......ice on 29‑9­1998 in connection with aforesaid Lalbag PS Case which is in connection with the murder of four national leaders inside the jail on the night following 3‑11‑1975. Thereafter on completion of investigation police submitted charge sheet against this appellant along wi..

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. ......he convict ate saplings planted in the nursery of the informant and upon that his son beat the goat causing fracture on legs. Khodeza was taken to Comilla General Hospital and was admitted there for treatment. After investigation Police submitted charge-sheet against petitioner No. 2 Alamgir Hossain..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....No. 48(4)91 which is commonly known as Janata Tower Case is one of them, and in that case he was found guilty and convicted and sentenced to undergo simple imprisonment for seven years for committing criminal misconduct under section 5(1)(d) and (e) of Act II of 1947 by judgment and order dated 7-6-......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. ......on-Hussain Mohammad Ershad was elected member of Parliament in the general election held on 12-6-1996 from 21 Rangpur 3 Constituency. After he vacated the office of the President of the country the Bureau of Anti Corruption started several cases against him involving corruption under sections 5(1) a..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....sp;          Md. Gholam Rabbani J.- Respondent No. 1 Muhammad Habib and his son respondent No. 2 Ahmed Abdullah Lokman and two others are the accused in a criminal case bearing GR No. 929 of 1998 of the court of Metropolitan Magistrate, initiated upon the......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. ......; 2. Respondent No: 2 is the proprietor of General Distribution Company. He was given credit facilities of Taka 12,61,00,000 by the appellant Bank and with the said loan he imported Dano Full Cream Powder Milk. Respondent No. 1 stood guarantor for the loan. The cartons containing the said imp..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

.... 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 prove every detail of the co......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.  ...... contemner No. 3 therefrom. Against that order of the Court of Settlement the Government moved Writ Petition No. 3400 of 1996 which was summarily rejected by the High Court division on 18-11-1996. Thereafter several representations were made by the contempt petitioner for restoration of his possessi..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)

....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......or insufficient fund in the account. Abdul Motaleb then gave a notice to the accused petitioner on 29‑4‑1997 asking him to refund the money but the accused petitioner did not refund the money. Thereafter, the complainant­ opposite party as constituted attorney of Abdul Motaleb filed the case im..

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. ......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. ......us Case Sessions Judge held that it stood proved that the accused-petitioner held meeting on 3‑5‑2000 and 6‑5‑2000 as alleged by prosecution and holding of public meeting might be termed as threat to prosecution witnesses and petitioner misused privilege of bail. 8. Grounds pressed into..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)

....heir claim before the Arbitration Board, decision of the Arbitration Board is binding of both the parties. Any failure on the part of a party will be a civil liability and cannot be considered as a criminal offence............................(5) Lawyers Involved: Mohaboob Ali - For the petiti......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ...... in his company as Accountant but during illness of the complaint (who was the Managing Director of the Company) taking advantage of such illness and absence of the complainant who went abroad for treatment, the petitioner misappropriated huge amount of Tk. 86,00,232/- of the company. Thereafter..

Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3

Azibor Mollick Vs. State, 2000, 29 CLC (HCD)

....ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ..

Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......l charge was framed against accused Babul Hossain, Sufia Khatoon and Abdul Latif under section 10(1) of the Act and against accused Siraj Mia under section 14 of the Act. Charge so framed having been read over to the accused in dock i.e. accused Babul Hossain and Siraj Mia they denied the same and c..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......n dowries as a gift, free (The Quran, 4:4). The Quran suspends the effect of the repudiation of marriage until the expiry of the waiting period (iddat) which is to last until the wife completes three menstrual cycles or if pregnant, until delivery of the child, to provide an opportunity for reconcil......Samshul on a so-called fatwa by Hazi Azizul Huq that her marriage had been dissolved consequent to an incident of about one year ago when her husband out of anger uttered the word ‘talak’, but thereafter continued their married life. 2. In Bangladesh laws relating to the dissolution of a Musl..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......and are being disposed of by this judgment. 2. The applicant Mills although not incor­porated as a company under the Companies Act yet by a deeming provision in the Finance Act, 1973, it is treated as a company for the purpose of assessment of Income Tax. The assessee company obtained tax ..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)

.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......te but without a police report in writing as envisaged under sub-section (1) of section 27 of the Special Powers Act and, as such, violative of the said provision and without jurisdiction. On a plain reading of sub-section (1) of section 27 of the Special Powers Act, 1974 it appears that the Special..

Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

.... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ......ercise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case. In the instant case no reason/ground has been assigned for the withdrawal of the case and there is no indication that mater..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....abetment thereof and also being in possession of or going armed with arms punishable under section 19A of the Arms Act. It was further held that the principle of res judicata does and should apply to criminal proceedings in the same way as to civil proceedings inasmuch as a person cannot be called u......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......veen and Minu to co-operate with principal accused Shahidul Islam alias Shahid to rape and kill Shajneen. It is alleged that on 1-4-98 after lunch at about 3-30 PM, while Shajneen was in her bed room reading a book, accused Hasan who was in-charge of-renovation work of the house, entered into the ro..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143