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Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... hospital, no occurrence took place as alleged by the prosecution and he was deposing falsely. 19. PW 7 Md. Suruj Ali deposed that he heard that deceased was murdered. At the time of occurrence a free fight happened at the colony para and he could not say who killed the deceased, at this stage h...... calling upon the appellant Raushan Ali and appellant Hakim Ali to show cause as to why the sentence of imprisonment awarded to them should not be enhanced. 2. Both the appeal and Rule have arisen from the common judgment. These have been heard together and being disposed of by this judgment. ...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... Court she talked with her father on permission. She denied the suggestion that she was tutored by her father to depose falsely. She also denied the suggestion that she married Jugal Kumar Das on her free will. 20. PW 6 Dr. Zakir Hossain was the Associate Professor of Rajshahi Medical College......mpugned judgment and order of conviction and sentence, which was justified and required to be sustained. The learned Assistant Attorney-General finally submits, that in this instant judgment appealed from there is no scope of interference, because the judgment of the trial Court delivered was perfec...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......ion dated 4-6-1992 issued by the Controller of Capital Issues, which prohibits any restrictions on the transfer of shares of a public limited company and required incorporation of regulations for the free transfer of shares. The petitioner wrote again on 4-1-1994, 22-2-1994 and 14-5-1994 to the Boar...... in the share register of the company. The petitioner had at various times bought shares in the Company and these were duly recorded in his name in the share register of the company without objection from any quarter. The company is a public company limited by shares, whose shares are listed on the ......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......W.1 was not yet accepted as evidence in the suit, we do not see how the plaintiff-petitioner is irrevocably damaged or prejudiced by the acceptance of the written statement. However, the plaintiff is free to re-examine P.W.1 afresh. 23. It has been held by the Indian Supreme Court in the case of ......efault for ex parte disposal". Thereafter the defendants did not file any written statement nor took any steps and the suit was again fixed for ex parte disposal on 28.7.83 and then on to 31.8.83 and from that date to 15.9.83. In the meantime, the managing director of the plaintiff-company was exami......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......y they (Judges) are patronising terrorism.” 3. To justify his allegations against the Higher Court the Home Minister stated that how the terrorists were arrested in the city and then they became freed under the High Court order. One day some local people from Maghbazar area came to him and info......has accused the Higher Courts of patronising terrorist by granting them bail indiscriminately. The Home Minister made the statements in the Jatiya Shangshad while replying to a supplementary question from ruling MP Shahina Monwara Haq during question-answer session. The Minister said, “Sitting on ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......rrested and imprisoned with mischievous and malicious intent and that the constitutional and legal rights were invaded, the mischief or malice and the invasion may not be washed away by his being set free. In appropriate cases we have the jurisdiction to compensate the victim by awarding suitable mo......e public interest and uphold rule of law. In the said application the petitioner has further stated that one Md. Zabed, a law abiding and peace loving citizen of Bangladesh aged about 10 years coming from a respectable Muslim poor hawker family, was arrested by the Sutrapur PS Police on 16-12-1998 a......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......rts of the bureaucracy, and the Military may feel that some policy is unconstitutional. To settle Constitutional questions only one institution is capable of doing so. That is the Supreme Court. A free independent Court is the only wiry to settle Constitutional issues peacefully. And before a Co......ession of the resolution never to repeat again and (5) the contemner made humble submission to the authority of the Court. We have already noted the different stands taken by Ershad in this matter from time to time. In the case of Shamsur Rahman Vs. Tahera Nargis, 44 DLR (AD) 237 It has been obs......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....eir user. 13. Before parting we like to refer to certain decisions referred to by the petitioner in support of contention that open space in a residential area is necessary for the sake of healthy environment. In the case of Giasuddin vs. Dhaka Municipal Corporations reported in 17 BLD 577 49 DLR......ants of the area and the Corporation is under legal obligation to evict such unauthorised occupants from the park and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation.” In the case of Bang Medical Trust Vs. BS Middappa reported i......there is no illegality in altering the layout plan in such manner. He further submitted that there is no question of holding out any promise by RAJUK to the allottees as of any estoppel preventing it from converting the open space into residential plots. 6. Petitioner of Wit Petition No.1001/93 g......e area and the Corporation is under legal obligation to evict such unauthorised occupants from the park and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation.” In the case of Bang Medical Trust Vs. BS Middappa reported in AIR 1991..Category: Property Law | Date: | Hits: 55
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......hat the accused-petitioner had any genuine ground for not preferring appeal in time as he faced the trial. He could also prefer jail appeal with copy of judgment, which he was legally entitled to get free of cost. So delay in obtaining certified copy is a flimsy ground as well. 12. In view of t......r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...Category: Criminal Law | Date: | Hits: 56
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......mount to violation of fundamental rights of women as enshrined in the Constitution. She then submits that attempts to impose dress code constitutes a violation of women's right to personal liberty to freedom of expression and to movement and also to freedom of religion as guaranteed by the Constitut...... 3 for uttering highly derogatory remarks against the Headmistress of the School as stated in the news item. 4. The news item published in 'The Dally Samakal' on 26.6.2009 at page 9 is transcribed from Bangla to English as under: In an open meeting, the Upazila Primary Education officer scolde......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..Category: Constitutional Law | Date: | Hits: 201
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226....... Sessions Judge’s decision is not final in relation to a person who has not filed the revisional application to the Sessions Judge but has been impleaded therein as opposite party. Therefore, he is free to go to any appropriate forum to challenge the Sessions Judge’s decision; but he cannot go t......aid facts the said Haripur PS Case was started and after investigation police submitted charge-sheet against the 13 accused- persons excluding the accused-petitioner and recommending him to discharge from the Case. The informant-opposite-party filed a Naraji Petition against the same before the lear......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......n is there in the order either superseding the reference or declaring the arbitration agreement to have ceased to have any effect. The only legal effect of such an order is that the parties were left free to choose either to go for any fresh arbitration or otherwise. 28. The plaintiff instituted ......or cement he had to pay at the rate of 1,502.00 per ton in place of estimated price of 1,060.00. He further claimed Taka 2,00,61, for 75.69% of increase of the work. 3. Having received no response from the representation made to the Chairman, the plaintiff was constrained to serve a notice upon t......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..Category: Civil Law | Date: | Hits: 132
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....re filed on behalf of the respondent no. 1 and the petitioner, sworn on 1.6.2009. 3. The much belated reports are far from satisfactory, rather, highlights the sorry and the appalling condition of environmental pollution in Bangladesh, specially in and around the City of Dhaka. The condition of t...... causing serious pollution in various nearby canals leading to pollution of Balu river. She further submits that only a trickle of black liquid represents the Turag river which is already filled with free-for-all encroachments. The river Buriganga is in its worst condition, she submits, millions of ...... the respondent nos. 1,3 and 4, and also the petitioner to furnish reports in respect of the steps taken to implement the directions made in the judgment dated 15.7.2001, within a period of one month from the said date and fixed 1.6.2009 for further orders. Accordingly, reports are filed on behalf o......respondents. Writ Petition No. 891 of 1994 Order In this matter earlier on the application of Bangladesh Environmental Lawyers Association (BELA), a Rule was issued on 6.6.1994 in respect of pollution in Bangladesh. The Rule was made absolute by the judgment and order dated 15.5.2001. 2..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....n under the Societies Registration Act, 1860, with the aims and objects, inter alia, to organize and undertake legal or administrative actions and measures to protect, preserve, conserve or reinstate environmental and ecological systems, to protect environmentally sensitive and fragile eco-systems i......s of this country and not simply the members of BELA. BELA as a registered association of lawyers, propagates the rights of the people of Bangladesh and champions their cause to enjoy their own life, free from pollution as bestowed upon them by the Lord in His unbounded mercy. From the narration of ...... to move the High Court Division of the Supreme Court of Bangladesh, under Article 102 of the Constitution of Bangladesh, praying for appropriate relief relating to the matter of control of pollution from industries/factories situated up and down the country. 2. BELA has been registered as an ass......sociation, to move the High Court Division of the Supreme Court of Bangladesh, under Article 102 of the Constitution of Bangladesh, praying for appropriate relief relating to the matter of control of pollution from industries/factories situated up and down the country. 2. BELA has been registered..Category: Environmental Law | Date: | Hits: 345
.... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......such, these appointments have posed a serious threat to the independence of the judiciary. It is further contended that the aforesaid supersession has also seriously undermined the social values of a free and democratic society based upon which Fundamental Principles of State Policies rest and it ha......al incapacity" or 'gross misconduct' against Mr. Justice KM Hasan or Mr. Justice Syed JR Mudassir Hossain. It is claimed by the petitioners that both of the aforesaid judges enjoy the highest respect from the Bar. There was never any direction on the part of the President/Government to hold an inqui...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......mitted fact that the election of the Chamber group has already been held. 11. Moudud Ahmed, the learned Counsel appearing for the petitioner, submits that the election of the Chamber group was not free and fair and the election was held illegally and by unfair means adopted in the same. This subm......cle 15A(v) of the Memorandum of Articles of the Association of the FBCCI. But subsequently, the names of this petitioner and 5 others who have not been made parties in this application, were excluded from the final voters list to have been prepared under Article 15A(vii) of the Memorandum of Article......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..Category: Business or Commercial Law | Date: | Hits: 204
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......o correct its ways for well-being of the people. It is one of the very important things in the life of a civilized nation. It is the medium through which public opinion expresses itself. The press is free to offer criticism on the functioning of the Court or its officials as the very idea of the ope...... issue of 9-1- 2001 published an article titled “Murder at DB Office. Hearing of Case again adjourned.” The article was relating to murder of Jalal on 25-03-99 whose decomposed body was recovered from a roof-top water tank of office of Deputy Commissioner DB and Deputy Commissioner (South), 36 M......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......an be held responsible for contempt for any comments on the working of the Court, though harsh and generally unexpected those may be. It is for the Court to strike the balance in between the right to free speech and expression and the independence and sovereignty of the judiciary. Intervenors......e, rather the same is a bonafide statement on the present situation of the country. 6. During hearing of the three applications we wanted to call for the official version of the Prime Minister from Prime Minister’s office with regard to the impugned portion of the interview with the BBC as ...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......continent and have been shaped after the English Common Law. “The Court has a duty”, says Selbourne LC “to discharge towards the public and the suitors, in taking care that its records are kept free from irrelevant and scandalous matter’. However, “Nothing can be scandalous which is releva...... setting aside the order of dismissal. This is the Miscellaneous Case No.17/90. Order IX, rule 9 provides, “Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to ......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..Category: Civil Law | Date: | Hits: 80
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......other Bench is no ground to debar us from giving our view on a point of law upon hearing a writ petition. Even a decision of a Division Bench is not always binding on another Division Bench, which is free to take a contrary view with regard to a principle of law laid down by the other Bench. Mr. Zai......mpose the supplementary duty at the rate of 50% and to allow depreciation at the rate of 60% according to Finance Act, 1997. 2. The petitioner on obtaining invoice for the recondition vehicles from Toicme and Co. Ltd. Japan opened Letter of Credit on 19-5-98 for import of 4 vehicles on findin......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
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