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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

.... 4. It may be mentioned that when we heard the learned Attorney-General at the time of issuing the aforesaid Rule we intended to issue a Rule upon Justice Naimuddin Ahmed for making a derogatory statement in a seminar, which has been published in the aforesaid newspapers. However, the learned A......ctions of the ruling king adding to the predicament of the former king. The tale was composed by the editor and used as a parable. The public awareness is intended to be created so that such state of affairs as in the parabolic tale should not be the fate of our country. By composing the tale the ed..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)

....ur hospital, does not disclose any offence of rape, but the learned Judge of the trial Court passed the impugned judgment of conviction and sentence on conjecture and surmises, mainly considering the statement made by the alleged victim before the learned Magistrate which was recorded under section ......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..

Category: Women and Children | Date: 4 May, 2002 | Hits: 83

Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)

....hesh Bidhan) Ain, 1995. During investigation, the victim Salma Akhter was not available and she surrendered before the Court on 3-8-1999 after submission of the charge sheet and on that very day, her statement was recorded by the Magistrate, First Class under section 164 of the Code of Criminal Proc......žāϚāĻžāϤ⧋ āĻĻāĻžāĻĻā§€, āφāϏāĻžāĻŽā§€ āĻŽāύāĻŋāϰ āφāĻŽāĻžāϰ āĻĻ⧁āϰ āϏāĻ°ā§āĻŽā§āĻĒāϕ⧇āϰ āϚāĻžāϚāĻžāĨ¤â€ It is suggested specifically by the defence that Salma Aktar having love affairs fled away with the accused Alam and got herself married with him willingly and that they had..

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....icensing agreement to the ETV Ltd. The respondents further claim that the licence was granted in pursuance to āύ⧀āϤāĻŋāĻŽāĻžāϞāĻž dated 24-5-98 prepared by the Government wherein it is stated that the Government shall grant licence under both the Telegraph Act of 1885 and under Wirele......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....s are their monthly tenants. After receipt of the above notice the plaintiffs were constrained to institute the suit. 4. Defendant Nos. 1 and 10 contested the suit by filing two separate written statements. Case of the defendant No. 1, in brief, is that both RS record and SA record of rights we......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)

....t Division.  In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed.  ......t Division.  In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed.  ..

Category: Property Law | Date: 16 Mar, 2002 | Hits: 95

Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)

.... and in pursuance of that deed, Nagendra transferred suit land in favour of the defendant No. 2 by registered kabala dated 20-9-77. 3. Petitioner has been contesting the suit by filing a written statement denying all material allegations made in the plaint and states that Lal Mohon Mondal died ......t for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was also prepared in his name. He was a simple man and had no idea about worldly affairs and taking advantage of such situation, his nephew Nagendra Chandra Mondal created a deed be..

Category: Property Law | Date: 6 Mar, 2002 | Hits: 56

Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).

....   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ......   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ..

Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

....nd also distribution channel, the High Court Division erred in law in passing the impugned judgment. 2. Facts relevant for disposal are that the writ petitioner in Writ Petition No. 728 of 1990 states that by SRO No. 124 dated 18‑6‑1987 the appellant fixed the capacity and the rate of exci...... it was held that "the standard and guidelines should not be insisted upon by the Court in term strict a measure keeping in mind the well­-known maxim 'ut res maqui voleat quam pereat' i.e. that the affairs should prosper rather than brought to destruction." The aforesaid SROs providing guiding pri..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)

.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...

Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79

Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)

....e evidence of the witnesses examined in the case as well as the impugned judgment. 10. PW 1 Syed Mazharul Haque, as the informant of the case, fully corroborated the case made out in the FIR. He stated that at about 12-00 noon on 13-6-84 accused-appellant Hazrat Ali Khan and 3 others were harve......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....5 PM on the following day of the occurrence on 17-9-92 and thus Ishwarganj PS Case No. 5(9)92 was started. 3. PW 19 SI Md. Saidur Rahman thereafter investigated into the case and having recorded statements of the witnesses under section 161 of the Code of Criminal Procedure submitted charge-she......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

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. ..

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).

.... the defendants are found to execute and register a sale deed in respect of the entire suit land of the plaintiff.   3. The defendants contested the suit filing written statement stating, inter alia, that a Civil Suit No. 16 of 1992 between the parties was disposed o o......   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ..

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

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

....is settled now that a fugitive has no right to seek any kind of redress as against his grievance, if any, against the judgment and order of a Court convicting him to imprisonment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed......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)

....d 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, Petitioner of Criminal Revision No.683 of 1999 pr......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: ..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

.... the trial will continue for many years to come which cannot be appreciated.  7. Mr. Mahbubey Alam, learned Advocate for the prosecution submits that at least 5‑6 witnesses in their statement recorded under section 161 of the Code of Criminal Procedure have disclose complicity of t......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. ..

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)

....tion point it is a case of no evidence as there is no eye witness of the occurrence. The conviction and sentence of the petitioner No. 2 has been passed on the basis of an uncorroborated confessional statement of the convict who in his statement under section 342 Cr.P.C. clearly asserted that the co......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. ..

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

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

....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. ......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. ..

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