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Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....zammel Hoque J. - These three applications namely, Contempt Petition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangladesh. One application has been ....... Judgment Md. Mozammel Hoque J. - These three applications namely, Contempt Petition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangl...... 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. ......& others……………..Petitioner Vs. Sheikh Hasina Wazed……………Respondent Judgment October 24, 2000. Cases Referred To- Sir Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; Habibul I..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. ......resent petitioner was not a party, either in the Title Suit or in the Miscellaneous Case. He was engaged in those as a lawyer, instructed by the plaintiff opposite party No. 8. The suit was dismissed for want of prosecution. Subsequently, upon an application filed by the plaintiff opposite party No.......ি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. ......arks from the judgment of the subordinate Court, but does not say whether their High Court, are also invested with similar powers. Our Appellate Division in the Case of Amirul Islam Vs. The Hon’ble Judges of the High Court Division (SC) and another, reported in 28 DLR (SC) 185, has recognised that..Category: Civil Law | Date: | Hits: 80
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....s authority deserves to be severely dealt with.” The same principle, upholding the authority the Court, applies in this country also. But such extraordinary powers of committing a person for contempt of Court is conferred on a judicial officer exclusively for the purpose of upholding the di......section 480 of the Code of Criminal Procedure, convicting the said accused under section 228 of the Penal Code and sentenced him to pay a fine of Taka 200.00, in default to suffer simple imprisonment for a period of seven days. Against the said order of conviction and sentence dated 5-7-1998, passed......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......iscellaneous Case No. 3493 of 1995. Judgment Surendra Kumar Sinha J.- This Rule arises upon an application filed by the accused petitioners under section 561A of the Code of Criminal Procedure for quashing the proceedings in Court Case No. 520(1) of 1995 pending in the Court of Magistrate 1st...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......ly. In the Penal Code the term “Court of Justice” is defined in section 20: “20. The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is a..Category: Criminal Law | Date: | Hits: 59
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......-on-Record-For the Petitioner A.B.M. Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 291 of 2009. (From the judgment and order dated 19.07.2009 passed by ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......e of action for filing a complaint has arisen. He further submits that in the absence of cause of action, the initiation of the proceedings is an abuse of the process of the court and the learned Judges of the High Court Division ignoring that aspect of the matter has refused to quash the procee..Category: Criminal Law | Date: | Hits: 34
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ...... the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, interpolation, wrongful gain and criminal misconduct. The learned Senior Special Judge, Sun......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......s required for the prosecution of public servants for an offence mentioned in the schedule of the Act. As the Government refused to accord sanction to prosecute the aforesaid respondents, the learned Judges of the High Court Division discharged the Rule. The learned Counsel finally submitted that th..Category: Criminal Law | Date: | Hits: 46
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ...... by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-petitioners, the Chief Whip and the Deputy Leader of the o......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......onwealth countries and 3 overseas territories. The Colloquium was sponsored by the Commonwealth Lawyers’ Association, the Commonwealth Legal Education Association, the Commonwealth Magistrates' and Judges' Association and the Commonwealth Parliamentary Association. On 19 June, 1998 Latimer Hou..Category: Constitutional Law | Date: | Hits: 138
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......rd-For the Petitioners. Harunur Rashid, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order dated 10.03.2008 passed by ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ...... the record for consideration at the time of hearing of the appeal. 8. Mr. Bhuiyan submits that this application, praying for calling the said volume was not properly considered. The learned Judges of the High Court Division, at the time of hearing of the appeal, did not consider the appl..Category: Property Law | Date: | Hits: 19
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......al, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hague, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.40 of 2010. (From the judgment and order dated 9.12.2009 passed by the......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......he Faridpur District Minibus Malik Group is scheduled to be held on 25th January, 2010. The writ petition is not legally maintainable and rule nisi is liable to be discharged. 4. The learned Judges of the High Court Division upon hearing the parties by judgment and order dated 9th Decembe..Category: Constitutional Law | Date: | Hits: 107
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......-For the Petitioners. Shahmim Khaled,Advocate, instructed by Abu Siddique, Advocate-on-Record-For Respondent Nos. 5-6. Not Represented-For Respondent Nos.1-4, 7-8. Civil Petition for Leave to Appeal No. 297 of 2009. (From the judgment and order dated 20.11.2008 passed by ...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......rties was lawful. The petitioner thus being aggrieved filed this civil petition for leave to appeal. 5. Mr. Rafiqul Islam Miah, the learned Counsel for the petitioners submits that the learned Judges of the High Court Division committed illegality in failing to take into consideration that re..Category: Banking Law | Date: | Hits: 84
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......Petitioners. Abdul Quiyum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and order dated 16.4.2009 passed by ...... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......ers are not claiming through the judgment debtors, they could have maintained an application under Order 21 Rule 101 of the Code of Civil Procedure for restoration of possession and thus, the learned Judges of the High Court Division erred in law holding that their application was not maintainable. ..Category: Property Law | Date: | Hits: 28
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......ed Mahbub Hossain, Advocate-on-Record—For the Respondent (In Criminal Appeal No. 74 of 2009). Not represented— the Respondent (In Criminal Appeal No. 73 of 2009). Criminal Petition for Leave to Appeal No. 73-75 of 2009. (From the judgment and order dated 12-8-2008 of the Hi......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ssions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......and the appellant thoroughly cross-examined them. It is at this stage the appellant came up with an application for quashing of the proceedings of the case before the High Court Division. The learned Judges of the High Court Division by judgment and order dated 20th November, 2008 discharged the rul..Category: Anti-Corruption Laws | Date: | Hits: 195
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......vocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 9 of 2008. (From the judgment and order dated 11.11.2007 passed by th....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ...... be strictly followed to make the confession voluntary and true for convicting the accused on his confessional statement. Hence the said confessional statement cannot be relied upon but the learned Judges of the High Court Division most illegally sent back the case on remand to the trial court onl..Category: Others | Date: | Hits: 83
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......re were 300 shop rooms in C.S. Plot Nos.725-726 at the premises of Ahasan Manzil, Ahasanullah Road, Dhaka. The appellant and others shop owners had been carrying on their business in those shop rooms for a long time and earned their livelihood. The appellant took lease of a shop room from the Dhaka ......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......tion of the lands and out of them 5 were land owners, 81 were tenants under the Dhaka Nowab Court of Wards Estate and remaining 231 were sub-tenants under the tenants of the said Estate. The learned Judges further observed that there are 143 shop rooms in the basement, 140 in the ground floor, 141 ..
Category: Property Law | Date: | Hits: 29
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......suit. 2. Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 1......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......that the High Court Division most illegally passed the impugned judgment and decree dismissing the appeal without considering that the suit is barred by limitation. He then submits that the learned Judges of the High Court Division without any valid reason opined that the alleged registered deed o..Category: Property Law | Date: | Hits: 29
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......s appointed on 16.08.1964 as an Work Charge staff, on 18.05.1986 he was made permanent staff and was continuing as such but he was retired from service on and from 04.06.1994 after completing service for 31 years illegally and arbitrarily without giving benefit of pension and gratuity etc. and it ......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......bi is a worker or a staff, and whether he is entitled to the benefits as ordered.
5. It was also submitted by Mr. Md. Nowab Ali, the learned Advocate-on-Record for the petitioner, that the learned Judges of the High Court Division erred in law in not accepting the legal position that the Banglade..
Category: Labour and Industrial Law | Date: | Hits: 110
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Rafique-ul-Huq, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.411 of 2009. (From the judgment and order dated 12-11-2008 passed by the H...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......aw, he is required to submit to the due process of the Court and unless he surrenders to the jurisdiction of the Court, the Court will not pass any order in his aid. In view of the above, the learned Judges of the High Court Division illegally entertained the writ petition and stayed further proce..Category: Anti-Corruption Laws | Date: | Hits: 186
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......q Siddiqi, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 1 (In both the cases)
Not represented-Respondent No. 2 (In both the cases)
Civil Petition for Leave to Appeal Nos. 111 and 112 of 2008.
(From the judgment and order dated 18.02.2008 passe......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......l executive post. But the petitioner has attempted to compare. If compared, the post of District Judge is rather treated as equivalent to the post of Deputy Secretary to the Government. Many District Judges are holding posts of Deputy Secretaries as well as Joint Secretaries in different ministries,..
Category: Constitutional Law | Date: | Hits: 207
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ...... June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order c......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......laration of title and partition by allowing the plaintiffs to amend the plaint accordingly giving a chance to the defendants to file additional written statement if they so require. 8. The learned Judges of the High Court Division remanded the suit for a fresh trial purportedly on the ground that..Category: Procedural Law | Date: | Hits: 105
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