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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......;s parable, were to be considered a contempt of Court and obstruction in the administration of justice because such an article or feature in a modem newspaper in a democratic society, that enjoys the freedom of press and freedom of speech as the fundamental right guaranteed under the Constitution, i......not issue any Rule against him. By our order dated 15-11-2000 we asked the Editor of 'Manabjamin' to produce the cassette in question with a transcript and directed him to disclose the source from which he obtained the cassette in question. Subsequently the Editor submitted the cassette with......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......w Legislature for the purpose of legislating generally, and (3) it cannot abdicate. The same limitations exist in the case of the Indian Parliament because that, unlike the British Parliament, is not free to do as it likes, it is bound by the Constitution." 16. Mukherjee, J., on his part, rest......hat although the capacity of the respondent's plants is 16 million bottles but they could not produce full capacity for various reasons and that duty on the production capacity was paid for the years from 1982‑83 to 1986‑87. By notification dated 18‑6‑87 the respondents were required to pay ...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......ny separate punishment under sections 324 of the Penal Code. 2. The prosecution case, in brief, is that on 16-9-1992 the condemned prisoner Abdus Samad came back to his house at village Maijhati from the house of his father-in-law with his wife, children and the wife of his brother-in-law in th......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......e from that of a sale-object to that of a contracting party by a simple rule that the wife herself alone shall receive the dower money payable by the husband. “And give the women dowries as a gift, free (The Quran, 4:4). The Quran suspends the effect of the repudiation of marriage until the expiry......xtend to ten thousand taka or with both.
(3) Save as provided in sub-section (5), a talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.
(4) Within thirt......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
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Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......ban and rural areas. It is stated in the petition that she is a concerned citizen who is outraged by this so-called practice of safe custody which is not supported by any law, whereby the liberty and freedom of a citizen is robbed by the State without any lawful excuse. In the name of the victim gir......iefed the ‘Law Associates’ to extend legal aid and obtain a Vokalatnama of the victim girl. It is claimed that the lawyers of the ‘Law Associates’ tried to obtain signature of the victim girl from Dhaka Central Jail but respondent No.4, Deputy Inspector General of Police, Dhaka Central Jail,......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......tated his name in the First Information Report due to political rivalry as he had worked against him in the last Union Parishad election. The respondent is an old man of 76 years and he cannot move freely without the assistance of others. 4. It was also alleged that the Magistrates of ...... has become necessary, it is alleged, because of indiscriminate granting of such bail by the High Court Division in recent times (as in the present cases) upsetting the ordinary law of seeking bail from the Court taking cognizance of offence at the first instance. 2. Before entering into t......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....rom Allah. The family laws of Islam are not enforceable by statutes alone. The topmost priority and an a priori condition are that men and women must have fear of Allah in their hearts (taqwa) and an environment conducive to the observance of Allah’s laws. Notice what has been stated in the be......he Muslim Jurists of a particular age on a question of law. It was perhaps correct for the people of that age to confine Ijithad to a few Jurists because knowledge was not imported to other people so freely and so commonly, but at the present time, I think, this duty should be performed by the repre......-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Bakara) itself. But the whole question is whether Mataa can be equated with......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......s not been made a party Mr. Nazrul Nam Chowdhury, the learned Advocate informed the Court that there is a case pending with regard to the custody of the petitioner No.1. If the petitioner No.1 is set free, it will prejudice the application made by the father of the petitioner No.1 in her custody. ......on of any offence committed by her. She has not been charged whatsoever for any crime/offence under the Penal Code or violated/breached any law in Bangladesh. The petitioner No.1 is a British citizen from an early age and has been residing in the UK with her parents and has been brought up and educa......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......tion 28. The law allows the parties to make a choice of law, both in respect of the substantive rights and obligations of the parties and in respect of procedure of arbitration, but so long as this freedom of choice does not restrict absolutely a contracting party from enforcing his rights under ......igh Court Division in Civil Revision No.3934 of 1994) Judgment Mustafa Kamal J.- What started as a limited question of law in this appeal by leave by the opposite party-appellant from the judgment and order dated 8-2-96 passed by a Division Bench of the High Court Division maki......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
.... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
......red under any other provision of the Act i.e. section 3 under Chapter II or sub‑section (3) of section 46E shall be deemed to have been, acquired by the Government vest absolutely in the Government free from all encumbrances from the first day of the agricultural year next following the date of pu......ner’s father and 13 others took Pattan of 14 Anna share of Kamraghop Beel Fishery situated at SA Plot No.1448 by a registered Pattani patta dated 2nd Kartick 1358 BS corresponding to 31‑12‑1950 from the 14 Annas landlords of the same and remaining 2 Anna share of the said fishery belonging to ...... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
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Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......at goes along with it, namely, the bare necessaries of life such as adequate nutrition, clothing and shelter over the head and facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and commingling with fellow human being." 12. In the case of Ba......2. Facts leading to the issuance of this Rule are as follows: Respondent No.6, Danish Condensed Milk Bangladesh Limited opened LC dated 7‑8‑94 for importing 500 metric tons of skimmed milk powder from Datraco BV Netherland (Holland). Out of 500 metric tons 125 metric tons arrived on 17‑10‑94......ash Kumar Vs. the State of Bihar reported in AIR 1991 SC 420 it was further "Right to live is a fundamental right under Article 21 of the Constitution and it includes the right to enjoyment of pollution‑free water and air for full enjoyment of life. If anything endangers or impairs that qua..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......arned Judges should have made it very clear that the finding made by them as to the age of the girl was only for the purpose of deciding the present custody of the victim girl and the trial Court was free to take its own decision upon considering the evidence to be led in the case. That having not b...... 14, 1995 passed by the High Court Division in Criminal Misc. Case Nos. 1995 of 1995 and 1469 of 1995). Judgment ATM Afzal CJ.- This appeal, by leave, at the instance of the informant-mother is from judgment and order dated 14 August, 1995 passed by a Division Bench of the High Court Division ...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......ur religion is in the kitchen, Our God is the cooking pot and our religion is ‘don't touch me, I am holy (quoted at p.339 by Jawaharlal Nehru in Discovery of India). The rule of Human advance is free thought and expression but the survival of society enjoys reasonable curbs where public interes...... the name of the President and since these impugned Orders of forfeiture contained in the aforesaid notifications were not signed by order of the President, these impugned orders of forfeiture suffer from inherent defect. In this connection they have referred to the case of Md. Khair Ahmed Vs. Bangl......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......s been submitted against the writ petitioner and 13 others on 15.11.92 and Mr. TH Khan submits that in the event the illegality of the impugned order of suspension is upheld, the Government should be free to take such further steps in the light of developing situations as it may be advised. We need ......(From the Judgment and Order dated 29.8.93 passed by the High Court Division in Writ Petition No.555 of 1993). Judgment Mustafa Kamal J.- This appeal by leave by the Government-appellant is from the judgment and order of the High Court Division dated 29.8.93 in Writ Petition No. 555 of 199......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....Khondker M. Ahmed, the learned Advocate appearing on behalf of the petitioner, has taken us through the petition and other relevant papers and submitted that as election campaigns have caused various environmental pollution creating health hazard and other inconveniences to the city dwellers, the re......that [be candidates for the offices of the Ward Commissioners and Mayor have in any way violated the provisions of law and rules as alleged and stated that the election commission has taken steps for free and fair election in accordance with law. It is further stated therein that if any act or thing......ate awareness about obligation of the candidates and the people at large the petitioner organised discussion meetings and circulated hand bills requesting all concerned to abide by law and to refrain from polluting the atmosphere by unauthorised election campaign. 4. The petitioner has also all......med, the learned Advocate appearing on behalf of the petitioner, has taken us through the petition and other relevant papers and submitted that as election campaigns have caused various environmental pollution creating health hazard and other inconveniences to the city dwellers, the respondents shou..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
.... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......igation was started in respect of the land in question wherein the college has already been established the governing body of the college resolved to go for acquisition of the land to keepthe College free from any encumbrance and accordingly, the Principal has submitted a proposal for acquisition in......aluable properties and tried to hang up a signboard in the name of Lakshmipur Mahila College. The said College was allegedly started at Banchanagar on 18.4.1984, but has not yet obtained any sanction from the Board of Intermediate and Secondary Education, Comilla. Upon an application under section 1...... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......at Sudhir made a will, Ext. 7, in favour of his Pishi Trinayani. Further, he proved the will Ext.15 executed by Trinayani in his favour and his other brothers. He also stated that in sound health and free mind she executed the will Ext. 15 in presence of witnesses. P.W. 2 is the attested witness in ...... the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respondents
JK Paul Advocate‑For pro forma‑respondent Nos.1(c) to 1(e).
Appeal from Original Decree No. 235 of 1976, analogous with Appeal from Original Decree No. 221 of 1976.
......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ......e responsible for any shortage of cargo. (h) All port dues, pilotage will be on account of South Asia Shipping Limited. (i) Taxes on cargo will be on Charterers' Account. (j) Total free time allowed for loading/ discharging 4000 M/Tons will be 20 weather working days including Fri......ries required for the Master and the crews of the ship and for lighterage job to salvage the vessel and defendant 4 and the plaintiff entered into an agreement for lighterage of 4000 M/Tons of cement from the vessel containing the following terms: (a) Total quantity of cement to be lightered 40......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......or the release from Judicial Custody, if they so desire." 8. The case of the alleged victim girl is that she, being an adult woman and not being an accused or a lunatic, is entitled to live freely. If she is kept in custody under the garb of a Court's order it will be unlawful and ille......Sima Rani Chakrabarti, as informant lodged the First Information Report on 1.7.92 alleging that on the night following 30th June, 1992 his above named minor daughter aged about 14 years was kidnapped from his bhiti (hut) by the accused Abdul Khaleque and others. Pursuant to that the Kendua PS Case N...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......spective of law. In this connection we are tempted to quote to paragraph 11 from Benjamin Cardozo's The Nature of Judicial Process, Yale University Press (192 1), "The Judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knighterrant roaming ......Rules pending in this Court. These Rules call in a question of law whether inherent jurisdiction of this Court can be, invoked under section 561A of the Code of Criminal Procedure in respect or cases from which appeals are barred by law of limitation. These two Rules are particularly concerned with ...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
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