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Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......been deprived of his right to submit any effective representation against his detention and explain his position.………………………………..(14 & 16) Cautions should be taken before an order of detention is made The Special Powers Act of 1974 being a special law provi......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... Vs. Bangladesh). Furthermore, in Chapter VII Rule 7 of the High Court Rules stipulates as follows: "Every decision of a full bench shall be treated as binding on all Division Courts, and Judges sitting singly, upon the point of law or usage having the force of law determined by the ful..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....us notices the writ-petitioners gave a deaf ear and continued with the construction work unabatedly even after the issuance of Rule with an order of status quo and with supreme indifference and utter contempt, the writ-petitioners have raised the structure allegedly above the 6th floor in defiance o......esented by its Managing Director, Md Ansar Ali, (4) Mrs Salima Bansaid, wife of M Ghulam Faruq, Director SQ Group S Co Cement Limited, represented by its Managing Director, and (5) Md Sirajul Haque for impleading them as added respondent Nos.6, 7, 8, 9 and 10 alleging purchasers of respective floo......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......nwarul Hague J. — This Death Reference under section 374 of the Code of Criminal Procedure submitted by Mr. Md. Jahangir Alam Mollah, the learned Judge of the Drutta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death of the (l)Monir Hossain son of Md. Nazrul Islam (2) Lipaya son......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ing the sentence of death because the criminal law adheres in general to the principle of proportionality in prescribing liability according to culpability of each kind of criminal conduct. Judges, in essence, affirm that punishment ought always to fit the crime; yet in practice sentences ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......ent No.4. Writ Petition No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,00......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......titioner that in view of the provisions of section 3 of the Criminal Law Amendment Act, 1958 to the effect that the Government shall by Notification in the Official Gazette, appoint as many Special Judges as may be necessary to try and punish offences specified in the schedule under section 5 of t..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......isions as contemplated under section 5(7) of the Emergency Requisition of Property Act, 1948 is a directory one or mandatory………..(5)
The provisions of section 5(7) if not performed earlier can be perfected, by performing subsequently by the authority regularising the same a......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......dgment July 27, 2005. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whet......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......of an accused produced before a Court taken in accordance with law and purporting to be signed by a Magistrate. We are of the view that, having regard to the aforesaid facts noticed by the learned Judges it was at least injudicious to rely upon such confession without calling the Magistrate as w..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ......za Hossain Haider J.-These two appeals preferred against the order of Customs Appellate Tribunal by the importers under the Provision of Section 196D of the Customs Act, 1969, have been placed before this Court for the purpose of admission. 2. Mr. Syed Ahmed appearing on behalf of the appe......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ......of section 196D by way of "an application" and as soon as the appeal is registered, the High Court Division shall hear the appeal in its appropriate Bench consisting of two Hon'ble Judges an the High Court Division shall decide the points raised therein the appeal and also other i..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......ing disposed of this common judgment. 3. The opposite party as plaintiff instituted Family Suit No. 11 of 1987 in the 4th Court of the Assistant Judge, Dhaka against the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, in......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......ge' being the "Principal Judge of the Civil Court" of the District, the provisions of the Code of Civil Procedure is very much applicable to family appellate proceeding before Judge or the transferee Judges like Additional District Judge and Subordinate Judge. "The same view was expressed by a Divis..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....the respondents for disposing of their application dated 13‑2‑02. Even thereafter, the respondents did nothing and kept sitting upon the application. 10. Then, on 14‑1‑04 the JTV filed a contempt petition in the Appellate Division. The Commission moved a petition before the Appellate Di......ndent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees for terrestrial station/ transmission as per law. 2. Pending hearing of the Rule, the responden......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ...... across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first information report with Police Station which was drafted and processed by father of deceased lady and ......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ...... injuries. Defence case set up by husband was that Halima committed suicide by taking poison. High Court Division acquitted the respondent husband on pronouncement of a Judgment. Out of three learned Judges of the Appellate Division two learned Judges, HM Rahman, J and ATM Afzal, J (as their Lordshi..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
....has any
right to obstruct or prevent another lawyer from discharging his professional
duty and if he does it he commits professional misconduct, interference with
the administration of justice and contempt of Court and also a criminal offence
and is liable to be proceeded against on all these Co......of Court and also a criminal offence
and is liable to be proceeded against on all these Court. Freedom of speech and
expression dose not embrace a right of the lawyers to strike and or give a call
for boycott or abstention of Courts taking out procession in and around the Courts,
shouting slogan......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......r Razzaque Khan, Additional Attorney General (Abdur Rouf, Deputy Attorney General and Faisal H. Khan, Assistant Attorney General with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record, for the Appellant (in all the appeals). T.H. Khan, Senior Advocate, (Habibul Islam...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......appeal. The application of the principles of quashing has been impressively dealt with therein as under: "In disposing of the application under section 561A Cr.P.C. the learned Judges of the High Court Division fell into the same error as the learned Sessions Judge and did not..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......h Packages Ltd. Vs. Member, Labour Appellate Court, Dhaka and others, 52 DLR (AD) 160. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam, Advocate-on-Record, for the petitioners. (In Civil Review Petition 44, 45 & 51 of 2004). T.H. Khan, Senior Advoca......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ...... not suffer from any illegally or infirmity for any interference. 20. Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the petitioners submitted that this Division consisting of 3(three) Judges' Bench illegally did not follow the decision of the 5(five) Judges' Bench of this Division ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......ka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......udgment and order of the Court of Settlement. Hence is this appeal. 5. In support of the appeal Mr. AJ Mohammad Ali, learned Attorney‑General, submits, inter alia, that the learned Judges of the High Court Division had no power to re‑assess the evidence. But the High Court D..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ...... Nirjatan Daman Case No. 1 of 2004 rejecting the inquiry report submitted by the Magistrate, 1st Class, Sylhet. 2. In the instant case the complainant M Moinul Khan filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Paru......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......in the Head Quarter of every District. Sub-section (2) of section 26 provides that the Tribunal shall be constituted with a judge who would be appointed from amongst the learned District and Sessions Judges by the Government. Section 27 provides for the jurisdiction of the Tribunal. Sub-section (1) ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
....ির সনদ জাল” published in the daily Prothom Alo on 30‑10‑2004 and also upon the respondents Nos.3 and 4 Editor and Publisher respectively of the same paper for commission of contempt of this Court and this Rule was also issued upon the respondent No.5 who is the reporter of......Government.
Contempt Petition No.118 of 2005.
Judgment
Md. Abdul Matin J.- This Rule was issued calling upon the contemner-respondents Nos.1 and 2, the reporters of Daily Prothom Alo, for the reports captioned “হাইকোর্টের বিচারপতির সন...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......ad Trust Vs. Federation of Pakistan PLD 1996 SC 324; S Israr Hossain Vs. Crown, 1954 PLD (FC) 313 = 7 DLR (FC) 19; Attorney General of Pakistan Vs. Abdul Hamid, 15 DLR (SC) 96; Sir Edward Snelson Vs. Judges, HC Lahore, 16 DLR (SC) 535; Saleem Ullah Vs. State, 44 DLR (AD) 309; Secretary, Ministry of ..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......7 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the p......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......d case, plaintiff did not depose in support of the plaint case and on her behalf PW 1, son of plaintiff, deposed in support of the plaint case. 17. With all due respect to the learned Judges, we are of the opinion that the view expressed by the learned Judges that provision of chapt..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23............Respondents Judgment August 31, 2004. Result: The appeal is allowed. The Code of Civil Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not requi......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......iff claimed the property in suit as a vested property nor the learned Subordinate Judge held that the property Was a vested property but in spite of absence of such averments and findings the learned Judges of the High Court Division have made out a third case in holding that the property is a veste..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......Abdur Rob Chowdhury, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondents. Civil Petition for Leave to Appeal Nos. 656 & 657 of 2002. (From the judgment and order dated 3rd and 4......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......for arrear salary was rejected by judgment and order dated 17‑4‑2000. 5. Mr. Abdur Rob Chowdhury, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division erred in law in not considering that the termination, in fact, w..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......Respondent Judgment July 31, 2004. Result: The leave petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 494 To give consent or not for withdrawal of an accused from prosecution is a discretion of the Court. Exercise of such discret......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......g the judgment and order of the learned Tribunal Judge, on the face of above observation, has no leg to stand. On perusal of the aforesaid judgment of the High Court Division we find that the learned Judges considered the facts and circumstances and the law and correctly disposed of the revisional a..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
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