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.... 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.
......pposition denying material allegations made in the petition and contended, inter alia, that the report was published on the basis of records of the Chittagong University in exercise of their right of freedom of press and they have a duty to publish the same and they never intended to bring the Court...... administration of justice and the public confidence has been fundamentally shaken thereby.
3. It has further been asserted that Justice Faisal Mahmud Faizee obtained the Bachelor of Arts degree from Chittagong University and studied Law at the Chittagong Law College under the Chittagong Univer...... 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.
..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......esar Ahmed also known as Babul Vs. Government of Bangladesh, represented by the Deputy Commissioner, Noakhali and another reported in 49 DLR (AD) 111 it has been stated in paragraph 9 that: "It is free from any doubt that when an equally efficacious alternative statutory remedy is provided for in......to be in possession of the petitioner no. 1 Ali Hossen @ Ali and petitioner no. 2 Md. Anisur Rahman @ Anis do not come within the definition of arms and the recovery of a dagger (Chora) and gachi dao from their possession will not attract the provision of section 19A of the Arms Act, and the accusat......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......ther it has jurisdiction to grant relief and it is clear from the legislative history (which was discussed in Re Saul D Harrison & Sons Pk [1995] 1 BCLC 14 at 17-20) that it chose this concept to free the court from technical consideraÂtions of legal right and to confer a wide power to do what ...... of the judgment and order dated 7-1-2002 passed by the High Court Division in Matter No. 94 of 2000 directing the appellant Nos. 2 and 3 to purchase the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......uisition. Subsequently, the requisitioned lands were acquired by the Government and accordingly, a Gazette notification was published on 28-3‑1968. Therefore, the land vested in the Government free from all encumbrances and the right title and interest of the original owner in those lands wer......‘5‑2003 (Annexure‑N) issued by the office of respondent No.2 directing to hand over possession of the case land and (iv) the threatened dispossession of the petitioner by the respondent Nos.1‑8 from petitioner's land should not be directed to have been issued and made without lawful author......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ...... from the scrutiny of the evidence, it is clear that the victim Asmat Ali was alone when he was assaulted and he could not resist the assault and the accused‑appellant Monohar Joarder assaulted him freely without any resistance from any quarter. Now, the question arises if the accused Monohar had ......ao, etc and pushed their cattle heads in the said field in order to damage the sugarcane field; at that point of time the nephew (Bhagina) of the informant Asmat Ali attempted to resist those cattles from entering into the sugarcane field in order to save the standing crop which infuriated the accus......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......te for obtaining certified copy and for filing Civil Revision including Court-fees money and on his assurance of filing a civil revision before the High Court Division in time the petitioner remained free from anxiety. But he came to know very recently that no Civil Revision was filed as yet and tha......e appears to oppose the Rule. 5. Perused paragraph 6 of the application. Delay has been explained therein stating that after disposal of the appeal the old and sick petitioner has been suffering from various diseases, he later paid money to the engaged clerk of his learned Advocate for obtainin......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......y exercised or that it is not an attempt to interfere with the course of justice, malafide or for collateral purpose. 8. The word 'consent' as used in section 494 of CrPC means a consent freely given by a free and independent Court. Since the act of giving consent by the Court is a judi......hapilghat; on the way Md. Shah Alam Biswas was killed by FIR named 15 accused causing multiple injuries on different organs of his body with gunshot and ram dao, etc. On hearing hue and cry witnesses from surrounding area arrived at the place of occurrence, whereupon the accused persons fled away an......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......04. In that view of the matter, no sanction for prosecution of the respondent Nos.5 and 6 is now necessary in view of section 28(2) of the Anti-Corruption Act, 2004. Respondent No.4 is now therefore, free to proceed with the case without any sanction, But, in view of section 13 of the said Act, the ......against the respondent Nos.5 and 6 and the impugned order dated 9‑5‑2004 passed by the Metropolitan Sessions Judge, Dhaka in Special Case No.39 of 2004 rejecting the prayer for according sanction from the Office of the Hon'ble Prime Minister to proceed with the case against the respondent No......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......corroboration. But ordinarily, the practice is to require some support for a confession. 45. Principle is that confession must be voluntary. Voluntary means that one, who makes it out of his own free will, inspired by the sound of his own conscience, to speak nothing but truth. Such confessiona......ssels (Ext carotid), nerves and other soft structures and cutting of the body of the 7th cervical vertebra. Death, according to Dr. M Shamsul Hassan (P.W.9), was due to shock and hemorrhage resulting from the injuries which was ante-mortem and homicidal in nature. 4. Anjuara Khatun made extraâ€......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......ial Government had decided to acquire requisitioned property for Board and on and from beginning of the day on which the notice was so published, requisitioned property would vest absolutely to Board free from all encumbrances and period of such requisition of such property would come to an end 3......uired land of Government and legally leased out to plaintiff and Plaintiffs title therein is unaffected by Defendant's documents and, also, for a decree of permanent injunction restraining Defendants from disturbing possession of plaintiff on schedule A property. Schedule 'A' land shall be descri......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......ct Magistrates merely carried out the order of their superior. 4. Nothing can be more precious to a human being than his liberty. But alas! Everywhere we find men in chains though they were born free learned Hand, a judge of the United States of America said, "Liberty is so much latitude a......29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......ied with the selection of the polling stations filed application to the Chief Coordinating Officer, the Deputy Commissioner, Narail for setting up polling station at neutral places to secure fair and free election. On the said application defendant No.2 was instructed to inspect physically and submi......d. Sazzadul Huq Liku, a Chairman candidate, in order to defeat the plaintiff in collusion and at the advice of defendant No.2, filed an application to defendant No.1 for changing the polling stations from Debipur and Joypur. On the basis of the said application an enquiry was held by defendant No.2 ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......elieve that their shares will be registered in their names, and that conversely when they sell shares the transferee will not have a problem acquiring legal title. In the absence of this assurance, free sale and purchase of shares in the stock exchange is impossible………..(27, ......cation of the share register under section 38 of the Companies Act, 1913 ("The Act"). 2. The appellant's case, in brief, is that on 31‑10‑1993 he purchased from the respondent No. 2, Mr. Sargum Ali, 22,000 shares of Taka 100 each of Green Delta Insurance ......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......bstitute one kind of punishment different from the kind of punishment imposed on the delinquent while the enquiry proceeding was quite in accordance with law and the findings of the enquiry committee free from infirmity. Sub‑section (1) of section ‑ 4 of the Administrative Tribunal Act, ......t and order dated January 11, 1998 of the Administrative Tribunal (AT), Dhaka in Case No. 93 of 1996. The Administrative Tribunal by the aforesaid judgment and order considering compulsory retirement from the service has altered the said punishment to stoppage of 3 annual increments for 3 years (wit......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
DC of Dhaka & ors Vs. Aziz CoÂoperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....rit-respondent Nos. 1-4 (petitioners herein) by filing affidavit-in-opposition stating primarily that the land proposed to be acquired is a vacant land and that in case of construction of ramps environment of the BCS Academy would be polluted and that Ramps if constructed wou......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......and and that the petitioner No. 1 has undertaken a major development project for the construction of 16 storied building comprising 160 residential flats and 600 shops upon getting plan approved from Rajdhani Unnayan Kartripakha (RAJUK). It is also the case of the petitioner No. 1 that it......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ...... 17. Lastly, ETV has become an institution of such values that it should not be killed at this stage but be protected to enhance the Constitution and the rule of law keeping in mind the right to freedom of speech, freedom of expression and freedom of media. 18. Mr. Syed Istiaq Ahme...... The Code of Civil Procedure, 1908 (V of 1908) Order XLVII rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended to vindicate rights......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......sion of the land in suit obtained on the basis of exchange in 1963 and without interruption possessing the land described in schedule ‘A' to the plaint and second, if evidence of said witness is free from infirmity of any kind making not liable to be doubtful or, in other words, was of worth o......perty described in schedule ‘A' to the plaint belonged to erstwhile East Pakistanis i.e. defendant Nos. 5‑12 and the property described in schedule 'B' belonged to the plaintiffs, the migrants from the Tripura State, India. Plaintiffs instituted the suit stating, inter alia, that they were t......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ...... of section 10 of the aforesaid Act. In the absence of the aforesaid expression being the vital ingredient of the offence under the aforesaid sub-section (2) the charge cannot be held to be valid and free from any defect and the allegations made in the charge against the accused appellant does not b...... 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.1 was legally married to the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai. He demanded dowry from her. She could not pay the said dowry as a result she was beaten by the accused appellant. Ther......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......cience and force it to leave aside additional procedure which shackles the locus standi and gives standing to the petitioners. Unless this court responds to it, governmental agencies would be left free to subvert the rule of law to the detriment of the public interest. We must therefore, reject ......o perform their public duty under the Constitution and the laws of Bangladesh. 6. In 1998, Ministry of Information invited tenders, by publishing a notice dated 6-5-1998, inviting proposals from local and foreign firms individually or under joint venture to install and operate a televisio...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ...... seeks equity must do equity' implies that 'a seeking an injunction must come to court with clean hands' and therefore he has to satisfy that his acts and dealings in the matter have been fair, free from any taint of fraud and illegality. The High Court Division having not considered the said ...... purchased the same for Radhika Mohan Roy by registered kabala dated 16Â3‑85 and have been peacefully possessing the suit land. The defendant‑petitioners have been threatening to dispossess them from the suit land. The defendants in the written statements stated that the suit land belonge......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
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