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Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......)88 corresponding to Ghatail PS Case No. 4(3)88, convicting the accused-appellants and other co-accused under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay a fine of Taka 2,000.00 each, in default to suffer rigorous imprisonment ......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......harged. 22. In view of our aforesaid discussions we are led to hold that the submissions of the learned Advocate for the appellants have got no substance inasmuch as the learned Assistant Sessions Judges found to have arrived at a decision on the basis of confessional statements so made by the ac..Category: Criminal Law | Date: | Hits: 70
Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....he Independent, Mr. KG Mustafa, Editor of the Muktakantha and Mr. Iqbal Ahmed, Publisher and Printer of the aforesaid two newspapers to show cause as to why they should not be punished for committing contempt of this Court for publishing news item under the heading ‘Mystery of secret bank papers i...... Kazi Ebadul Haque J.- This Rule was issued calling upon the Mr. Mahbubul Alam, Editor of the Independent, Mr. KG Mustafa, Editor of the Muktakantha and Mr. Iqbal Ahmed, Publisher and Printer of the aforesaid two newspapers to show cause as to why they should not be punished for committing contempt ......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......ed as persons by some unseen hands to make the borrower a hero at the cost of honour and prestige of this Court. It is the greatest type of contempt to malign and scandalise the highest Court and its Judges by publishing untrue and twisted news and comments in the newspaper. We, therefore, find the ..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......y General instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Salahuddin Dolan, Advocate instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1688 of 2010. (From the judgment and order dated the 18th and 19th Novembe......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572....... and those of the Ministers is the same and their job cannot be compared with the job of the driver, because of the nature and required qualification of the job and the risk involved, but the learned Judges of the High Court Division failed to consider this basic difference and thus erred in law in ..Category: Employment/Service Law | Date: | Hits: 86
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......Miscellaneous Case opposite party, Mr. MA Wahab, an Advocate of this Court, was directed by a Division Bench on 29-5-89 to show cause why his name should not be referred to the Bangladesh Bar Council for taking disciplinary action against him for committing the following misconduct: “In course of ......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......ciation of the High Court Division of the Supreme Court of Bangladesh, Jessore Bench, Jessore, a former Additional Judge of this Court and an Ex-Deputy Attorney-General, has been visiting the learned Judges of this Bench at the rest house of the Roads and Highways, where the learned Judges reside al..Category: Criminal Law | Date: | Hits: 92
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....aforesaid two persons said that they would not comply with the order of the District Judge and they were disobeying the order dated 26-5-97 and made some contumacious statements and thereby committed contempt of court. The said application was registered as Miscellaneous Case No.17 of 1998 (contempt......-97. Operative portion of that order of the Court was as follows: “Ordered that the Misc. Case be allowed on contest with cost. The petitioner is to realise Taka 39,567.05 as due on 31-10-79 and for subsequent period the petitioner is entitled to realise interest at the rate of 5% till the real......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......d and the matter is disposed of with the above observation. Let a copy of this judgment be sent to the Secretary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) ..Category: Criminal Law | Date: | Hits: 73
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......petitioner Agrani Bank impugned the order dated 27‑11‑2002 passed by Artha Rin Adalat and Joint District Judge, 1st Court, Madaripur in Money Execution Case No.21 of 1993 rejecting an application for review. 2. Briefly stated, the facts are that the petitioner Bank instituted Money Suit No. 2......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......visions of the Act we find that section 7 provides that an appeal shall lie against a judgment and decree of the Artha Rin Adalat to the High Court Division. Section 4(2) of the Act provides that the Judges of the Artha Rin Adalat will be appointed from amongst the Subordinate Judges in consultation..Category: Administrative Law | Date: | Hits: 200
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......t of Bangladesh, Deputy Commissioner, Satkhira, Superintendent of Police, Sathkira and the Jailor, Satkhira Jail, Satkhira, to show cause as to why the detenu Md. Nazrul Islam should not be brought before this Court to be dealt with in accordance with law and to show cause under what authority they ......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ....... 24. Let a copy of this judgment be further sent to the Secretary, Ministry of Law and Justice, Government of Bangladesh. The Secretary, Ministry of Law and Justice, shall inform all the Sessions Judges of Bangladesh pointing out that all the subordinate Courts including the Courts of the Magist..Category: Criminal Law | Date: | Hits: 97
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......ahmud, Senior Advocate instructed by Ashrafuzzaman Khan, Advocate-on-Record-For Respondent No.1. (In both the cases) None represented-For Respondent Nos.2-55 (In both the cases). Civil Petition for Leave to Appeal Nos. 903-904 of 2011. (From the judgment and order dated the 11th day of Jun......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......behalf of respondent No.1, on the other hand, supported the impugned judgment and order passed by the High Court Division by submitting that in the facts and circumstances of the case the learned Judges rightly made the Rules absolute. 11. From the writ petition it appears that the writ petit..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
.... Division in the above writ petition and thereupon he did some earth works. The defendants asserted that they were compelled to give the work orders as per direction of the High Court Division in a contempt proceeding. The writ petition was ultimately discharged. In view of the above, whatever wor......dent No.1 instituted the suit seeking declaration, mandatory injunction and recovery of Tk. 29,64,51,760/-. According to the plaint case, the plaintiff being the lowest bidder was given work orders for development of certain area earmarked as D-1, D-2, E-1, E-2, E-3, F-1 and F-2, Section 2, Mirpur......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......l by his judgment dated 27.11.89 found the appellant guilty of the accusation under section 25B(2) of the Special Powers Act and convicted and sentenced the appellants to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Tk. 5000.00 in default to suffer rigorous imprisonment for ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......nother of 26th April, 1988. By these two notifications issued under section 23(1)(2) of the said Ordinance of 1982 Drug Courts have been constituted and these notifications indicate that the Sessions Judges of Bangladesh have been appointed as Judges who may try any offender under Drugs (Control) Or..Category: Criminal Law | Date: | Hits: 60
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......smissed. Lawyers Involved: Munsurul Hoque Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.11 of 2011. (From the judgment and order dated 25th May, 2000 passed by th...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......informant (P.W.I) and her son (P.W.2) went to the place of occurrence after hearing the cries of the victim and, therefore, they could not have seen the occurrence. He also submits that the learned Judges of the Courts below misread the evidence when considering P.Ws.1 and 2 to be eye witnesses. T..Category: Criminal Law | Date: | Hits: 52
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......stract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ...... of such an acknowledgment as would confer the status of legitimacy upon an illegitimate child. 29. In Ghaganfor V. Kaniz Fatima, their Lordships of the judicial committee said: “The learned Judges fully recognized that prolonged cohabitation might give rise to a presumption of marriage, bu..Category: Family Law | Date: | Hits: 318
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......82 of 1995 should not be set aside. 2. Facts necessary to dispose of this revision in brief, is that on 6‑10‑1995 Head Mistress of Satkhira Government Girls' High Court School lodged a first information report at the Satkhira Police Station that at 2‑30 PM a theft was committed in her offic......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......re an authority without any independent corroboration cannot be taken into evidence and it is a very bad form of evidence on which the conviction is not sustainable. With that observation the learned Judges of this court rejected the death reference and allowed the appeal of the condemned prisoner a..Category: Criminal Law | Date: | Hits: 62
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ...... খরচার বলপে ২০০২০০.০০ টাকা বাদীকে আদায় দেন”। 3. It appears that defendant No.5 Abul Kalam Azad presented a Memo of appeal before this Court on 27.6.91 against the judgment and decree passed the aforesaid Money Suit No.528 of......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......rdinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly. 13. There is no dispute that the Artha Rin Adalats are presided over by Subordinate Judges, Section 21 of the Act provides that against a decree or order of a Subordinate Judge where t..Category: Civil Law | Date: | Hits: 96
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......aser Lt. Col. M.A. Mannan (Retd) and other at the instance of the decree holder Social Investment Bank Limited arise out the same judgment in Writ Petition Nos. 4783 of 2003 and 4803 of 2003 and therefore these appeals are disposed of by this judgment analogously. 2. The respondent No.1 Social In......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......e terms of compromise and volunteers that it has compromised the dispute, the Court is left with no option but to accept the prayer and pass necessary order for compromise. 10. According to Dicey, Judges are not allowed to decide a case on the basis of whatever they consider just or fair. They ar..Category: Civil Law | Date: | Hits: 90
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......iminal Revision No. 657 of 1992. Judgment Habibur Rahman Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused petitioner HM Ershad, the former president of Bangladesh, is directed against the order dated 4.5.92 passed by the Special Jud......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ...... No. XXIV in Chapter XX Cr.P.C. for the trial of the cases and the procedure to be followed by the Magistrate. Though there is no specific section in the Special Law for framing charge by the Special Judges while trying the cases within their jurisdiction the provision of sub‑section (3) of sectio..Category: Criminal Law | Date: | Hits: 286
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ...... Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Khondaker Mahbub Hossain, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......usly quashed the conviction and sentence of the respondents. The learned Additional Attorney General next submits that the impugned order clearly shows non-application of judicial mind by the learned Judges of the High Court Division as the matter involves the question of facts as to the genuineness..Category: Criminal Law | Date: | Hits: 67
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......ondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documen......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......les Tax Ordinance. In that case concessional rate was withdrawn after the importer acted on the basis of earlier concession of custom duty and Wes tax granted by the same authorities. And the learned Judges held that the importers having acted upon the assurance given, the Government cannot retrace ..
Category: Property Law | Date: | Hits: 92
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
.... disposed of by the present appellant by order dated 16-9-2001. 4. The petitioner Elders Limited thereafter, filed Contempt Petition No.3 of 2.001, against this appellant for holding him guilty of contempt of Court alleging that the contemner-respondent showed total disregard to this Court and un......001 arising out of Trade Mark Application No.1 of 2001 holding the appellant guilty of the Contempt of Court and sentencing him to pay a fine of Taka 2,000 in default, to suffer simple imprisonment for 15 (fifteen) days. 2. The respondent No.1 Elders Limited filed Trade Mark Application No.1 of......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......e party as pre-emptor-applicant filed Miscellaneous (Pre-emption) Case No.21 of 2003 under section 96 of the State Acquisition and Tenancy Act in the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
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