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State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......No. 577 of 2004. Judgment Md. Imman Ali J.- This Reference under section 374 of the Code of Criminal Procedure submitted by the learned Additional Sessions Judge, 1st Court, Jhenaidah is placed for confirmation of the sentence of death imposed upon accused Md. Roushan Mondal @ Hashem upon find......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......e Juvenile Court, since there is a bar under section 3 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, which gives exclusive jurisdiction to the Tribunal for hearing such cases. The Hon'ble Judges distinguished the other cases, particularly cases triable by the Tribunal, since section 3 of..Category: Criminal Law | Date: | Hits: 167
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. ......95 convicting the accused appellant Jugal Kumar Das under sections 4(Kha)/9 of the Cruelty to Women (Deterrent Punishment, Ordinance) 1983 and sentenced him thereunder to suffer rigorous imprisonment for 14(fourteen) years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for...... 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. ......is appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order of conviction and sentence dated 21-1-1998 passed by the Special Tribunal and Additional Sessions Judges 2 Rajshahi in Special Power Case No.75 of 1995 convicting the accused appellant Jugal Kumar D..Category: Criminal Law | Date: | Hits: 40
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......hat Mr. Lasker Abu Kalam, Additional District Magistrate, Dhaka passed the order dated 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dh......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35....... detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service..Category: Criminal Law | Date: | Hits: 29
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......nal Revision No. 1 of 1987 Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of conviction and sentence passed under section 381 of the Penal Code. 2. The informant Nazrul Islam lodged a First Information Report on 2.4.1984 with the Kotwali Police Station o......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......s made under the section more properly applicable to the facts proved. Thus in view of the provisions of section 237 Cr.P.C. and being in respectful agreement with the pronouncements of the learned Judges, I am of the view that although in this case the petitioner was charged with under section ..Category: Criminal Law | Date: | Hits: 26
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....ent of the respondents that the petitioner was not functioning as the University Engineer when he obtained the order of stay on 27.11.86. In that view of the matter the respondents did not commit any contempt of Court by not allowing the petitioner to resume his duties. 20. As such we do not find......Engineer. The petitioner challenged this order of suspension and obtained the Rule Nisi on 27.11.86. 3. Petitioner's case against the order of suspension is that there was no application of mind before passing the impugned order. No opinion was formed as to the nature of punishment to be inflicte......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31...Category: Criminal Law | Date: | Hits: 74
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....e No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasim, a Member of Parliament and the Minister in-charge of t......or the Government. Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasim, a Member of......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. ......arge of the Ministry of Home Affairs, Government Bangladesh, for the statements made by him as Member of Parliament and Home Minister on 6-9-1999 in the Parliament, regarding judicial function of the Judges of the Supreme Court. 2. The present petitioner Md. Ataur Rahman Khan is a practicing Advo..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. ......tained in Dhaka Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without 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. ......uaranteed rights or the ‘sentinel’ to guard them against violation by the organs of the State.” 22. In the Constitution 8th Amendment case judgment monogram 379, it has been held that, “Judges are by their oath of office bound to preserve, defend and protect the Constitution and, in ex..Category: Criminal Law | Date: | Hits: 106
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ...... Respondents. FMA No. 144 of 1997. Judgment Md. Abdul Karim J. - This application on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of t......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of Court. She is a leading personality in the news media and she does not deserve to get ......e did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of C...... publishing it they ought to have considered the legal aspect of the remarks if they do amount to contempt of court or not. Besides, before publishing these remarks which, in our opinion, amount to scandalising the court, a duty was cast upon the Reporter, Printer, Publisher and Editor of the pa...... criminal case which is popularly known as Janata Tower case against which he preferred an appeal before the High Court Division and that case was being heard by a Division Bench consisting of two Judges of this Division. In this connection it may be mentioned that his behaviour before this cour..Category: Criminal Law | Date: | Hits: 130
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......, Advocate-on-Record- For the Petitioner. Abdul Majid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-14. Criminal Petition for Leave to Appeal No. 28 of 2010 (From the Judgment and order dated 08.12.2009 passed by the Hi......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......e of Criminal Procedure, before the High Court Division, being Criminal Miscellaneous Case No.27040 of 2009, and appeared before the Court in person, praying for anticipatory bail. 5. The learned Judges of the High Court Division observed that upon meticulous consideration of the facts and circu..Category: Criminal Law | Date: | Hits: 68
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......has been occasioned. No authority could be placed from the side of petitioner in support of the contention raised. 5. Contentions pressed into service from the side of petitioner has been repelled for and on behalf of opposite party in bringing his strenuous arguments which are hereunder: (i) ......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275....... the Civil Courts Act, 1887 enjoins that a District Judge may transfer to any Subordinate Judge under his administrative control any appeals pending before him from the decrees or orders of Assistant Judges. 21. Section 24 of the Code of Civil Procedure mandates that on the application of any of ..Category: Election Law | Date: | Hits: 89
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he Marriage Registry. In the Rule by order dated 8-7-97 Mr. ATM Musa, Senior Assistant Secretary, Ministry of Law, Justice and Parliamentary Affairs was directed to explain as to why a proceeding for contempt of Court should not be started for violation of the order dated 7-1-97 of this court and to......1999 and Writ Petition Nos. 1660, 3423, 3823, 3029, 3312, 3214, 3945, 3326, 3622 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts ......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......ise his jurisdiction as Marriage Registrar for the area which were previously part of the aforesaid three Unions until he is retired or his office otherwise falls vacant, it was held that the learned Judges of the High Court Division elaborately discussed Rule 10 of the Muslim Marriages and Divorces..Category: Constitutional Law | Date: | Hits: 109
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.......Thakurgaon arising out of Haripur PS Case No.2 dated 12-6-98 corresponding to GR Case No. 116 of 1998 directing the learned Magistrate to hold further inquiry as to the naraji petition filed by the informant in accordance with law an observation made in the body of the impugned judgment setting asid......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.......urt Division may in its discretion exercise any of the powers conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a Court by section 338 and may enhance the sentence; and, when the Judges composing the Court of Revision are equally divided in opinion, the Case shall be disposed of..Category: Criminal Law | Date: | Hits: 40
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......……….....Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1179 of 2008. (From the judgment and order dated 25.09.2007 passed by the......judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ...... by and dissatisfied with the aforesaid judgment and order of rejection, the plaintiff-respondent filed Civil Revision No.4008 of 2000 before the High Court Division and obtained Rule. The learned Judges of the High Court Division upon hearing the parties made the Rule absolute vide judgment and ..Category: Procedural Law | Date: | Hits: 95
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......eal No. 398 of 2009. (From the Judgment and order dated 13.07.2009 passed by the High Court Division in Criminal Appeal No. 4393 of 2007) Judgement ABM Khairul Haque J.- This is a petition for leave to appeal, filed on behalf of the Anti-corruption Commission, against the Judgment and Ord......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......espondent no. 1 after rejection of his petition for discharge of the charges under section 241A of the Code. 36. On the basis of the discussions made above, we are unable to agree with the learned Judges of the High Court Division that the Special Judge committed any illegality in taking cognizan..Category: Anti-Corruption Laws | Date: | Hits: 231
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......nting Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples Union for Democratic Rights Vs. Union of India, 1982 SC 1473; Rural Litigation and Entitlement Kendra V. S......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......al pollution due to unresponsiveness of the apathetic concerned officials, indifferent to the Constitutional edicts so solemnly declared in Article 18 and Article 32. 32. The oath of office of the Judges of the Supreme Court requires that they will preserve, protect and defend the Constitution an..Category: Environmental Law | Date: | Hits: 345
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....e Specific Relief Act. 11. True, disobedience of an order of injunction is a punishable offence under Rule 2(3) of Order 39 but this disobedience of an order of injunction or status quo is a civil contempt. Disobedience to an order of injunction or status quo made under Rule 1 or Rule 2 by doing ...... no co-sharer should be restrained by an order of injunction from making construction on the suit lands in a partition suit. 2. Appellant instituted Title Suit No.1 of 1996 against the respondents for partition of the suit lands and allotment of a saham of .50 acres of land out of .68 acres of la......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..Category: Property Law | Date: | Hits: 84
.... 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.
......y-General-For the Respondents.
Writ Petition No. 145 of 2001.
Judgment
Syed Amirul Islam J.- Let the supplementary affidavit dated 14-5-2001 on behalf of the petitioner No. 1 be formed part of the main application.
2. In this petition there are two petitioners namely, Mr...... 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.
......(ii) of the Constitution of the People's Republic of Bangladesh (hereinafter called 'the Constitution") challenging the appointment of Mr. Justice Md. Gholam Rabbani and Mr. Justice Md. Ruhul Amin as Judges of the Appellate Division of this Court by the President of the Republic pursuant to the auth..
Category: Constitutional Law | Date: | Hits: 126
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. ......in charge of Sessions Case No. 3712 of 1999 pending in the Court of learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit ......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. ......the authenticity of the information published about the reported Case, we have called for the record of the Case being Sessions Case No. 3712 of 1999 from the learned Metropolitan Additional Sessions Judges, 5th Court, Dhaka. From the order sheet of the Case it appears that the Criminal Investigatio..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure to quash the decision under challenge. 2. A brief resume of facts essential and requisite for disposal of Civil Revision petition may be noticed and stated. 3. First and second opposi...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... ‘Principal Judge of the Civil Court’ of the District, the provisions of the Code of Civil Procedure is very much applicable to Family appellate proceeding before District Judge or the transferee Judges like Additional District Judge and Subordinate Judge. 18. Law and procedure relating t..Category: Family Law | Date: | Hits: 152
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