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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. ......e proceeding before District Judge or the transferee Judges like Additional District Judge and Subordinate Judge. 18. Law and procedure relating to appeal before appellate Court and powers and functions of the appellate Court are embodied in section 107 and Order 41 of the Code of Civil Proce..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... Caution of judges 41. In dealing with such proceedings, the judges should keep in mind as was stated in, Asharam M Jam Vs. AT Gupta, AIR 1983 SC 1151. “There is never any risk of judicial hypersensitivity. The very nature of the judicial function makes judges sympathetic and res...... 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. ..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ted that the victim is a minor girl and, as such, the petitioner, father of the victim is entitled to get custody of the victim. He was asked to enlighten us on the question whether a person put into judicial custody by a competent Court can be set at liberty under the provisions of section 491 of t......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..Category: Criminal Law | Date: | Hits: 33
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....e finding that the goods were seized from all the 6(six) persons and all of them are entitled to get back the goods which are purely questions of fact and this Court in exercising the jurisdiction of judicial review cannot interfere with the said finding of fact unless it can be shown that the tribu......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....ly, our Appellate Division after reviewing the authorities observed in Punjab Ali Pramanik and others Vs. Mohd Mokarram Hossain, reported in 29 DLR (SC) 185, “It appears to us that the preponderant judicial view which emerges out of the authorities referred to above and with which we find ourselve......ি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. ..Category: Civil Law | Date: | Hits: 80
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....of the appeal. It is neither fair to the appellant nor to the superior Court, as a Court of revision is not in a position to judge if the appellate Court, as the trial Court of fact, duly applied its judicial mind into the facts of the Case and the evidence on record. It is unfortunate that the lear......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..Category: Criminal Law | Date: | Hits: 60
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....228 of the Penal Code runs as follows: “228. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six m......d Advocates of both the sides and perused the petition under section 561A of the Code of Criminal Procedure including the papers annexed therewith. It appears that the petitioner while performing his functions as a Magistrate, First Class, Jhalakati, was annoyed with the conduct of an accused sittin..Category: Criminal Law | Date: | Hits: 29
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....ification of Criminal Courts only. 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 su......‘Revenue Court. In the Tenancy i.e. The State Acquisition and Tenancy Act only speaks of “Revenue Officer” includes “any officer whom the government may appoint to discharge all or any of the functions of a Revenue officer under this Act or any rules made thereunder.” Chapter XVII of the S..Category: Criminal Law | Date: | Hits: 59
....
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
...... is that the political conflicts between different parties and individuals who tried to grab the land and buildings for their own benefit is the root of all evils and the respondents discharged their functions in accordance with law in protecting law and order situation in the area in order to save ..
Category: Constitutional Law | Date: | Hits: 264
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ......on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ..Category: Criminal Law | Date: | Hits: 30
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
.... entered into by and between the Government in its sovereign capacity and the petitioner-company, as such, the writ petition was not for challenging the termination of the agreement but to seek the judicial review of the order dated 20.02.2007, passed by the respondent No.3. 6. We have hear......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ..Category: Civil Law | Date: | Hits: 90
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....issions for the examination of witnesses or documents; (e) such other matter as may be prescribed. (2) Any proceeding before the Election Commission under this act shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (XLV of 1860). Section ...... addressed to the Speaker, and the seat shall become vacant when the writing is received by the Speaker or, if the office of Speaker is vacant or the Speaker is for any reason unable to perform his functions, by the Deputy Speaker’. 32. This Article deals with disqualification of a member a..Category: Constitutional Law | Date: | Hits: 171
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. ......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. ..Category: Constitutional Law | Date: | Hits: 138
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....ion is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......ion is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ..Category: Others | Date: | Hits: 61
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
.... Judge being the last court of facts should have properly considered the oral and documentary evidence on record and thereby committed error of law in dismissing the appeal without application of judicial mind. He further submitted that having regard to the fact that the suit land was acquired......rived at a correct decision. 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) 330. ..Category: Property Law | Date: | Hits: 25
....….(27)
Torture or cruel, inhuman or degrading treatment in police custody or jail custody are not permissible under the Constitution.
The High Court Division, in exercise of it’s power of judicial review when finds that fundamental rights of an individual has been infringed by colourable......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....rounds, such as that of delay, or for any reasons other than reasons going to the question whether the allegation is sufficient to constitute an accusation of an offence in law............ To quash a judicial proceeding in order to secure the ends of justice' would involve a finding that if permitte......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. ..Category: Anti-Corruption Laws | Date: | Hits: 195
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....nd Sadia. Thereafter the petitioner Sohel himself brought out the chopped off hands and legs of both the victims from a hole in the compound of their house. In due course, the petitioner Sohel made a judicial confession inculpating himself and the co-accuseds, namely, Hannan (acquitted by the High....... 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. ..Category: Others | Date: | Hits: 83
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......by PSI Agency is vatable. The learned Counsel continued that PSI Agency is supposed to perform its function in the abroad and that the nature of the function of the PSI Agency explicitly shows that functions of the PSI Agency are to be performed in the abroad, that the Agency as mentioned in the c..
Category: Fiscal/Taxation Law | Date: | Hits: 95
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