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Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

.... the help of police force on 11-7-85. Thereafter, the learned Magistrate suo motu drew up proceeding under section 188 Penal Code holding that petitioner and others disobeyed the order promulgated by public servant lawfully empowered to promulgate such order. The learned Magistrate was of the opinio......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...

Category: Criminal Law | Date: | Hits: 57

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

.... the rest of the world as it is a judgment in rem as distinguished from the judgment in personam. 14. Section 42 of the Evidence Act says that a judgment is relevant if it relates to any matter of public nature but it is not a conclusive proof of the fact it states. 15. Section 43 of the Evide......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..

Category: Property Law | Date: | Hits: 116

Mukit and others Vs. State, 2011, 40 CLC (AD)

....ne of the five conditions specified in the section. An assembly which is originally lawful may become unlawful, if a proposal is made at the meeting to do an act of violence to the disturbance of the public peace and the proposal is acted upon. Therefore, the very definition of the offence of riotin......he five conditions specified in the section. An assembly which is originally lawful may become unlawful, if a proposal is made at the meeting to do an act of violence to the disturbance of the public peace and the proposal is acted upon. Therefore, the very definition of the offence of rioting in se..

Category: Criminal Law | Date: | Hits: 49

A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)

....on, however, ruled out the issue as to maintainability and made the rule absolute in part. 4. Mr. T.H. Khan, the learned Counsel appearing for the petitioners submitted that the President of the Republic being the President of the Bangladesh Red Crescent Society having passed the impugned order t......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..

Category: Civil Law | Date: | Hits: 116

Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)

....in Deputy Attorney-General - For Respondents. Writ Petition No. 1611 of 1997. Judgment AM Mahmudur Rahman J. - By this Rule the Respondents were directed to show cause as to why the impugned public notice No. SHA/14/13-Be-Bee- 4-97-55 Sheekhya dated 6-3-97 published in the Daily “Bhorer K......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..

Category: Others | Date: | Hits: 104

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

....R Case No.1 of 1983, Noakhali, whereupon Miscellaneous Case No.353 of 1996 was registered in the Court of the learned Sessions Judge, Noakhali and the learned Sessions Judge after hearing the learned public prosecutor passed an order on 26-11-96 for disposal of the aforesaid GR Case No.1 of 1983 in ...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...

Category: Criminal Law | Date: | Hits: 56

Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)

....be declared to have been made without any lawful authority. The lease agreement was stayed by the order of the Court in the aforesaid Writ Petition. The petitioner claims that since there had been no publication of the gazette notification for acquiring the requisitioned land and final payment of co...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..

Category: Criminal Law | Date: | Hits: 37

Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....it of section 18 of the Arms Act for non-service of show cause notice particularly in view of the fact that there is nothing on record to show that the licences were cancelled for the security of the public peace and in support of this contention he relied on the case of Sheik Ali Ahmed Vs. Governme......ection 18 of the Arms Act for non-service of show cause notice particularly in view of the fact that there is nothing on record to show that the licences were cancelled for the security of the public peace and in support of this contention he relied on the case of Sheik Ali Ahmed Vs. Government of B..

Category: Others | Date: | Hits: 105

Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)

.... (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Awlad Ali J Abu Mohammad ……………………………….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Ca......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..

Category: Others | Date: | Hits: 95

Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....justice time has come and experience also demand that the High Court Division will have to be a little more scrutinizing even in a case of acquittal because in the ultimate analysis it is interest of public justice and/or prevention of miscarriage of justice which prompt the Court of revision to int......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...

Category: Criminal Law | Date: | Hits: 42

Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)

....ey and thereby misappropriated Taka 55,468,42 (Annexure A). 3. It is submitted that the accused petitioner has been serving as Assistant Accountant, Rampura Television Centre and, as such, he is a public servant within the meaning of section 21 of the Penal Code. Ajit Kumar Biswas, Mizanur Rahman......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40...

Category: Criminal Law | Date: | Hits: 62

Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)

....The Daily Inqilab”, they have no direct interest in the products of the writ petitioner, and that their reporting was relating to harmful effects of the products named 'Crown' and 'Hunter’ on the public health, especially child health, which contain alcohol, and the reporting was general in natu...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..

Category: Others | Date: | Hits: 182

State Vs. Babul Miah, 2010, 39 CLC (AD)

....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......ss, his capacity to understand the language in which the accused made the confession, to accept the evidence or not. The Courts have always considered the evidence of extra-judicial confession a weak peace of evidence. There is no rule of law or rule of prudence that an extra-judicial confession can..

Category: Criminal Law | Date: | Hits: 58

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....ner either in the First Information Report or in the statement of the victim made under section 164 of the Code of Criminal Procedure, still charge sheet was submitted against the petitioner who is a public, servant, without sanction from the government. As such, a petition was filed on 5-9-92 befor......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...

Category: Criminal Law | Date: | Hits: 50

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....riginal Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shahina Begum...................................................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others…………......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224...

Category: Criminal Law | Date: | Hits: 55

Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)

.... the quantity exceeds two kilograms are prescribed. 27. The Act appears to be harsh and the sentence prescribed thereunder is very severe. Promulgation of the law is no doubt felt and intended for public health and for the good of the people. In interpretation of such law, the Court is always req...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...

Category: Criminal Law | Date: | Hits: 90

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....ng the same in a “National Daily Newspaper” in a manner with disrespectful and indecent language, scandalizing the highest Court of the country, which apparently tended to confuse the mind of the public in general to shake their faith, confidence and respect upon the judiciary at large. The cont...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..

Category: Criminal Law | Date: | Hits: 163

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

....vocate of the parties on the question of sanction for prosecution, we may profitably refer to section 2 of the Criminal Law Amendment Act, 1958, which runs as follows: “Public servant” means a public servant as defined in section 21 of the Penal Code, and includes a Chairman, Director, Truste...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...

Category: Criminal Law | Date: | Hits: 43

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....d under section 30 of the Bangladesh Biman Ordinance. Any change of Service Regulation of the Biman Corporation is required to be published in the official Gazette and shall come into force from such publications and such regulation must have previous sanction of the Government. 36. Accordingly, ......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ..

Category: Employment/Service Law | Date: | Hits: 113

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....on has utterly failed to observe the procession of law in completing the proceeding thereby allowing the delinquent to be scot free which clearly manifests the utter callousness and negligence of the public functionaries. The later part of the said provision of Regulation 43(8) also made provision t......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ..

Category: Employment/Service Law | Date: | Hits: 87