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State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... facts of the case have been narrated in the judgment of my learned brother Mohammad Anwarul Haque, J. and I do not propose to repeat those. However, I shall reproduce facts of the case relevant for the purpose of my opinion. 6. Accused Mostafizur Rahman and Aleya Begum were charged and tr......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......peat them. 11. The High Court Division allowed the appeal on the grounds, firstly, that there was no corroborative evidence regarding rape committed by the accused Mostafizur Rahman. The learned Judges observed that expert examination of the person of the prosecutrix and garments she had worn a..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
.... hold that neither Rule 7 of the Administrative Tribunals Rules read with Order XXI, Rule 32 of the Code Civil Procedure nor the aforesaid power of the Administrative Appellate Tribunal to punish for contempt is sufficient for effective relief to get the orders of the Administrative Tribunal ex......unal in favour of present respondent No.1 in their respective cases. For the sake of brevity, we would like to state the facts of Civil Appeal No. 87 of 2001 corresponding to Civil Petition for Leave to Appeal No. 1145 of 2000 arising out of Writ Petition No. 2295 of 2000. ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....ctics to obtain its party registration from the EC.
354. Ms. Amir, further continued her submission that yet any voice of internal dissent or external criticism to the party be treated with such contempt as if it is a criticism against God as an act of blasphemy. Thus the petitioners are outrag......…Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....own. They are unlikely to share the whole range of sentimental grievances of the clerics. They being descendants of the victims of Jamaat's atrocities during liberation war bear inborn hatred and contempt for the party. They naturally are interested to see BJI is not given registration as a poli......…Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......tition made by the residents was allowed. Supreme Court upheld the judgment passed by the High Court.
26. The case of SP Gupta Vs. Union of India, AIR 1982 SC 149, (popularly known as 'Judges' Transfer Case') is the first leading decision of Supreme Court on PIL. In this case ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......nbsp; July 23, 2013. Result: The Appeal is allowed. There is no absolute bar in filing a petition of complaint before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to se......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......ts an offence punishable under the section and to quash a criminal proceeding arising out of such petition of complaint. In quashing the proceedings of the sessions case in question, the learned Judges failed to consider that when the criminal miscellaneous case was heard by them, the prematuri..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......al justice. The High Court Division cannot dictate its subordinate courts regulating the purported orders to be passed by it after the appearance of accused. The learned Judges have left nothing for the Tribunal of the Magistrate to decide on the question of bail. The learned Judges have practi......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... administration of criminal justice. The High Court Division cannot dictate its subordinate courts regulating the purported orders to be passed by it after the appearance of accused. The learned Judges have left nothing for the Tribunal of the Magistrate to decide on the question of bail. The l..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......bject of issuing notice indicating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the drawer, in any criminal action, even though the bank dis&s......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......e petition of complaint on the ground of alleged non-service of notice upon the accused." 8. Mr. MA Samad, the learned Advocate appearing on behalf of the appellant submits that the learned Judges of the High Court Division failed to take into consideration that the address of the accused-..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......yers Involved:
Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Civil Petition for Leave to Appeal No.186 of 2011.
(From the judgment and order dated 6-1-2011 passed by the H......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......te Authority, Pourashava Election-2010, Bogra, the petitioner finding no other alternative and for efficacious remedy, filed Writ Petition No.10044 of 2010 before the High Court Division. The learned Judges of the High Court Division by an order dated 6-1-2011 rejected the writ petition summarily.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......e. AMAminuddin, Advocate, as Intervenes. Customs Appeal No.17 of 2008. Judgment Sheikh Hassan Arif J.— Since the core principles of law raised and to be settled in the aforesaid customs appeals are similar, namely the maintainability of the said appeals before the......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....ned Judge of the concerned Court had no authority to write to the Government for sanction; in writing for such sanction in fact the learned Judge has violated the Court's order and committed contempt of Court. The Government has also no authority to give such sanction when an order of stay ...... No. 188 of 2011 arising out of GR Case No.54 of 2011 corresponding to Dhanmondi Police Station Case No.22 dated 25 -2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009, now pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or furt......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......dure, section 6(1) of the Prevention of Corruption Act, 1947 and the Criminal Law, Amendment Act, 1952. 25. Section 197 of the Code of Criminal Procedure is as follows; "Prosecution of Judges and public servants— [(1) When any person who is a Judge within the meaning o..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......romise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374……………………&he......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......t Petition No.9675 of 2008. 5. The writ-respondent contested the Rule by filing affidavit-in-opposition controverting the material statements made in the writ petition. 6. The learned Judges of the High Court Division upon hearing the parties by their judgment and order dated 23-7-20..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......LD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......ound or was ordinarily residing before he left Bangladesh]." 66. And section 6(1) of the above law is as under:-- “Procedure in trial of the cases and powers of special Judges.--[(1) The Provisions of the Code of Criminal Procedure, 1898 shall in so far as they are not..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.927 of 2009. Judgment Syed Mahmud Hossain J. - This civil petiti......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......he judgment and decree passed by the learned Additional District Judge, First Court, Tangail, defendant No.1 preferred First Appeal No. 146 of 2002 before the High Court Division. The learned Judges of the High Court Division upon hearing the parties by the judgment and order dated 16.02.20..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of th...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......erved by K. Iyer, J. that great care is expected of trial courts who try grave cases to collect every incriminating circumstance and put it to the accused even though at the end of a long trial the Judges may be a little fagged out. In S. Harman Singh Vs. State, AIR 1976 SC 2140, the Supreme Cour..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......d by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners. Aktar Imam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2407 of 2012. (From the judgment and order dated the 13th day of August......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......rnaphuli Cotton Mills Vs. UCBL, 49 DLR (AD) 130 and Md. Hossain Vs. Dildar Begum, 9 MLR (AD) 361. But unfortunately we are coming across number of cases including the instant one where the learned Judges of the High Court Division have been disposing of revision applications summarily giving ful..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....ate of Population Control and Family Planning) Recruitment Rules, 1976. Subsequently 28 more such family planning officers were added as co-writ-petitioners in writ petition. As per prayer of present contempt petitioners and others who were appointed after 11-9-1995 were added as respondent Nos......n determining seniority of the said non-cadre officers appointed, after 1985 and in that score if anyone is aggrieved by the decision of the government may take recourse of law in an appropriate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, rep...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......pondents (In Civil Petition No.928 of 2009).
Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......of the High Court Division that the plaintiffs did not discharge their responsibilities to inform the defendants about the date of hearing of the suit as were taken by them on 11-11-2003, the learned Judges were not justified in awarding a cost of Taka 1,00,000 (one lac) against defendant No.8 in se..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......621 at page 644; State of Rajasthan Vs. Mahaveer Oil Industries (1999) 4 SCC 357 at page 365;Sales Tax Officer Vs. Shree Durga Oil Mills (1998) 1 SCC 572; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All ER 935; Sethi Auto Service Station Vs. Delhi Development Authorit......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ...... to 7 which were exclusively created for regularization of the services of the 8(eight) honorary teachers including the respondent Nos.1 to 7 who were appointed without pay and allowance. The learned Judges of the High Court Division could not find any explanation on behalf of the appellants as..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....heir legal practice as before and the clients were deceived and cheated by the respondent No.1. The respondent No.1 disobeyed and flouted the judgment and order of the Tribunal which is tantamount to contempt of court and as such respondent No.1 is not entitled to get any relief whatsoever in the ap......error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error or mistake on the face of the record………&hellip...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......is court may seem fit and proper.” 2. Averments figured by the petitioner, in his application invoking Section 561A of the Code of Criminal Procedure, seeking quashment of the aforementioned proceeding are briefly, scripted below; The petitioner is a former Minister for ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......e intention of the legislators, while we would make endeavour to trace the intention of the framers of the sub-ordinate legislation, if the instrument is a secondary legislation. 33. Common Law Judges of outstanding caliber and wisdom evolved several cannons of interpretation, which should be ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
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