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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. ......fine of Taka 100 in default to suffer simple imprisonment of three days passed by the High Court Division in Criminal Contempt No. 3 of 1988. 2. This Division after elaborate discussion on law relating to contempt held that the High Court Division had rightly found the petitioner guilty o..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).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......y and stated further, that they did not enter into any agreement with regard to the land belonging to their cousin allegedly for 0.42 acres of land, recitals in the bainapatra are contradictory and unlawful and the plaintiffs in order to grab the property prepared the agreement on some illegal terms..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......civil petitions arising out of judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998 heard and disposed of together as common question of law and fact were involved therein. The writ petitioner in Writ Petition No. 1787 of 1998 was a Ward..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......il petitions out of judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998 heard and disposed of together as common question of law and fact were involved therein. The writ petitioner in Writ Petition No. 1787 of 1998 was a War..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....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. ......Amin J Monsur Ali (Md) and others…………..Petitioner Vs. State………………..Respondent Judgment December 12, 2001. Result: The petition is dismissed. Fugitive from law A fugitive has no right to seek any kind of redress as against his grievance, if any, against..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....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: ......ng presence of High Police Officer and Police representative during Judicial Inquiry to be performed by Metropolitan Magistrate suffers from manifest illegality, legal infirmity and flagrant error of law that cause a gross miscarriage of justice. Paternal or Supervisory power of the High Court ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....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. ...... bail if granted. Mr. Khandker submits that out of 75 cited witnesses no one has directly implicated the petitioner for any offence punishable under section 120B/302 of the Penal Code or of any other law and in such a situation may be favored with bail." 3. Mr. Khandaker Mahbub..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......34 shows that there are godown, shop and house situate on the land. The proclamation does neither contain full particulars of the nature of property nor the probable market price of the property. The law is settled in the absence of such particulars, no valid order for proclamation for sale could be..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....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. ......to show cause why the trial, conviction and sentence of the child to imprisonment for life inflicted by the Courts and Tribunals of Bangladesh, not being Juvenile Court properly constituted under the law, being violative of the consistent/repeated directions of the High Court Division, should not be..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. ......proceeding of the same. It is the case of the writ petitioner No. 1 that he is a voter of 21 Rangpur 3 constituency and has a right to be represented in the Parliament by a qualified Member under the law and according to the writ petitioner the present petitioner can not be allowed to act as a Membe..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......the abetment. This is applicable to the accused guarantor. Thus, we finally conclude that the High Court Division on a wrong notion proceeded to decide the issue before it and overlooked the relevant laws and consequently came to the wrong conclusion. In the result this appeal is allowe..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......ut having those decrees set aside but the High Court Division reversed the decree of the trial Court on the view that because of the defence case itself those rent decrees being collusive the same in law need not be set aside for having a declaration by the plaintiff in his suit as framed. The learn..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ...... when Writ Petition No. 3400 of 1996 was rejected a Civil Petition for Leave to Appeal No. 298 of 1997 was filed before the Appellate Division which is still pending. It has also been stated that the law officer of the Ministry failed in his duties by not taking steps and the Ministry was kept in da..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......ndent Nos.2‑4. Writ Petition Nos. 5250 to 5267, 5272 to 5277 and 5425 of 2000. Judgment Kazi AT Manowaruddin J.- All these 25 Writ Petitions have been heard together as the points of law involved are exactly the same and the facts are also identical and these shall be disposed of by..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......p; Md. Fazlul Karim J.- This appeal by leave granted on 9‑3‑2000 is for consideration as to whether the High Court Division has fallen into an error of law in holding that the appellants who are co‑sharers in the suit property were not entitled t..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ......No. 5537 of 2000 which was summarily rejected by the impugned judgment. 3. Mr. Hefzul Bari, learned Advocate appearing for the petitioner, submits that the High Court Division erred in law in not holding that the retirement has not been covered under section 25(l) of the Employment ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......cused‑petitioner which was granted by him by his order dated 2‑5‑2000. 2. Md. Golam Rabbani, Chairman of Shuvadanga Union Parishad, Rajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on laying a First Information Report by Md. Golam Rahman, brother of deceased ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......ision, after having vacated an earlier order rejecting the application as not being pressed, heard the application on merit. The High Court Division held that since Artha Rin Adalat Act was a special law and special provision having been provided in the Act, question of entertaining an application u..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......the structure on the basis of 1989 PWD schedule mentioned in the allotment letter No. 150/93/6296 dated 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the plaintiffs. (ii) To pass necessar..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......sion Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is whether th..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84