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Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......against Humanity and aiding & complicity to commit such crimes as specified in section 3(2) (a) (g) (h) of the Act No. XIX of 1973] The Petitioner Ali Ahsan Muhammad Mujahid was found guilty for the “Crimes against Humanity enumerated in Section 3(2) of the ICT Act listed in charge No......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......for the crimes as listed in charge No.5. No sentence was awarded for the crimes listed in charge No.1. A very large segment of people worldwide including the sociologists, legislatures, jurists, Judges and administrators still firmly believe in the worth and necessity of capital punishment for ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....§‡ গেছে।” the issue of “The Daily Janakantha” and another………....Contemnors/Respondents Judgment August 10 and 13, 2015 Result: The contempt proceeding succeeds. The proceeding of Contempt Court – If any person unde......rder. Since various questions arise in the mind of the people of the country, the litigants, the lawyers, persons in the print, electronic and social media regarding the power of this Court to punish for contempt of Court any citizen of the country, being the highest Court of the country, this Divis......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......ty of the Court, or if any person scandalizes the Court or any Judge or interferes with the administration of justice, or if any person makes comments calculated to undermine public confidence in the Judges and the justice delivery system, the Court has power to draw a contempt proceeding…&he..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......r section 3(2)(a)(h); in respect of charge No. 17 under section 3(2)(a) and in respect of charge No. 18 under section 3(2)(a) of the International Crimes (Tribunals) Act, 1973.
2. Facts relevant for the disposal of the appeal are as under:
The investigation agency conducted a prelimin......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......Crimes in the District Court in The Hague, the Netherlands, wrote, "The retrieval of the information from the witness is a vulnerable process and full of pitfalls. Investigators, prosecutors and Judges alike always want a chronological narrative of an event by the witness with sufficient focus ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ......al by leave is directed against the order dated 20-7-1999 passed by the High Court Division in Writ Petition No.1774 of 1995 making the Rule absolute in part and directing the appellant to take steps for final assessment of compensation in accordance with the provision of sub-section (5) of section ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ...... Writ Petition No. 1774 of 1995. 5. The writ-respondents contested the Rule by filing affidavit-in-opposition controverting the material statements made in the writ-petition. 6. The learned Judges of the High Court Division upon hearing parties by the impugned judgment and order dated 26-7..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ...... with an almost mystical reverence regardless of what sort of social, political or philosophical beliefs they may have. Commercial use of national anthem amounts to its desecration. There is no scope for commercial use of the national anthem. Such commercial use of national anthem shows utter disres......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......3 of 2006. 6. The writ-respondent Nos. 6 and 7 filed separate powers but no affidavit-in-opposition was filed controverting the material statements made in the writ petition. 7. The learned Judges of the High Court Division upon hearing both the sides by the judgment and order dated 5..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......Jail Petitions)
Civil Appeal No.116 of 2010
(From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.)
With
Criminal Petition for Leave to Appeal No.374 of 2011
(From the judgment and order dated 25.5.2011 passed by the H...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......eeting that ‘judicial studies should be supplemented by criminological ones. The study of criminal psychology and penology should be obligatory for all who wish to judge in criminal cases. Such Judges should have a full knowledge of prisons and similar institutions and should visit them freque..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......of 2010)
Mr. Mahbubey Alam, Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Respondent ((In Criminal Petition No.374 of 2011)
Mahbubey Alam, Attorney General for the Respondent (In all the Jail Petitions)
Civil appeal no.116 of 2010.
(From the judg......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......eeting that ‘judicial studies should be supplemented by criminological ones. The study of criminal psychology and penology should be obligatory for all who wish to judge in criminal cases. Such Judges should have a full knowledge of prisons and similar institutions and should visit them freque..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ......d by Mahmuda Begum, Advocate-on-Record—For Respondent No.1 . Khurshid Alam Khan, Advocate, instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.2. Criminal Petition for Leave to Appeal No.186 of 2014. (From the judgment and order dated 20-2-2014 passed by the......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ...... judgment and order dated 20-2-2014 passed by a Division Bench of the High Court Division in Criminal Revision No. 357 of 2013 summarily rejecting the application by the majority views of the learned Judges. 2. The accused-petitioner, Mafruza Sultana, filed Criminal Revision No. 357 of 2013 bef..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ...... statutory provisions. As the doctrine of stare decisis does not bind this Division under Article 111 of the Constitution, a review petitioner can not invoke that doctrine. There are authorities for the proposition that fresh evidence, which has bearing on the event under consideration, but des......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......ent that a crime is an act that is deemed by law harmful not merely for the individual victim but for the society as a whole, has althrough been adhered to by the authorities, the legislators and the Judges in India. LORD MACAULAY ON DEATH SENTENCE 47. Lord Macaulay stated, “Fir..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ......d named in the FIR and the charge-sheet. Since the petitioner was engaged in the said transaction and was also a beneficiary of it, a prima facie case of abetment regarding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the ...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ......her proceedings of Special Case No. 23 of 2007 were stayed for a period of 1 (one) year or till disposal of Writ Petition Nos. 6869, 7336, 7190, 7229 of 2008 whichever is earlier. 4. The learned Judges of the High Court Division after hearing the parties by their judgment and order dated 8-11-2..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
....eal on merit afresh.
The leave petition is accordingly, disposed of with the above observations and directions.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 127.
...... 2015.
Result:
The leave petition is disposed of.
Offence punishable under section 27 of the Ain is distinct offence and no notice is required by the Commission for prosecution of an offender in respect of the offence.
At the time of hearing the leave peti......eal on merit afresh.
The leave petition is accordingly, disposed of with the above observations and directions.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 127.
......int which is contrary to the views taken by this Division, if we dismiss the petition as prayed for, the judgment of the High Court Division shall remain with the record and in that case, the Special Judges will be confused in disposing of cases of similar nature since the judgment of the High ..
Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6
....lip;………...... (28)
Accepted Rules in the special consideration of Justice in Relation to Contempt Cases—
The duty of a Judge sitting to punish the Court's own contempt, therefore, means to prevent and stifle any damage to public confidence in an importan......llip;…...... (28)
Accepted Rules in the special consideration of Justice in Relation to Contempt Cases—
The duty of a Judge sitting to punish the Court's own contempt, therefore, means to prevent and stifle any damage to public confidence in an important organ of the ......her signed copy of the order of committal be kept with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
......sitting to punish the Court's own contempt, therefore, means to prevent and stifle any damage to public confidence in an important organ of the State and not the protection of the individual Judges.
No personal interest is therefore involved. These are accepted rules in the dis&sh..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ...... of August 2011 in Writ Petition Nos.1161 and 296 of 2011). Civil Appeal Nos. 30, 31 and 32 of 2012 Judgment Md. Abdul Wahhab Miah J. - Though the civil appeals (CAs) and the petitions for leave to appeal (CPs) have arisen out of separate judgments and orders of the different Div......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......eso, no leave was granted as to the constitutionality of the section. 72. In making the Rule Nisi absolute in part in Writ Petition No. 7120 of 2010 giving rise to CA No. 30 of 2012, the learned Judges did not say a word about the vires of section 9(2) of the Act, 1974. In fact, the learned Jud..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......eneral instructed by instructed by Sufia Khatun, Advocate-on-Record — For the Petitioner, (In both cases) None Represented— For the Respondents (In both cases) Criminal Petition for Leave to Appeal Nos. 202 and 607 of 2014. (From the judgment and order dated the 5 day of M......torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......adesh, had/has every right and locus standi to file an application in a matter pending before the High Court Division where either the State is a party or the State has some stake. Therefore, learned Judges should not have been sceptical about bona fied intention and his authority to file the a..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
.... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ......issed. When a supplementary charge-sheet is submitted on the basis of fresh evidence Under normal circumstances, if on the basis of fresh evidence a supplementary charge-sheet is submitted, for example by adding name of accused person (s) who had not been included in the initial charge-she...... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ...... 15. It is unfortunate that various terminologies have been used which do not reflect the relevant terminology used in the statutes. We would strongly urge that the learned Magistrates, Judges, investigating agencies and others who deal with such terminologies, should ensure that the t..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2 ...... Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the landlord........(19) In the......Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2 ......with the judgment and decree of the trial Court, the defendant filed First Appeal No.63 of 2007 and the plaintiff filed First Appeal No.179 of 2007 before the High Court Division. 6. The learned Judges of the High Court Division heard both the appeals analogously and by the judgment and order d..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ...... The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the title of the landlord. Even a......dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ......with the judgment and decree of the trial Court, the defendant filed First Appeal No.63 of 2007 and the plaintiff filed First Appeal No.179 of 2007 before the High Court Division. 6. The learned Judges of the High Court Division heard both the appeals analogously and by the judgment and order d..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ......tion is very special in its character. It is founded on the supposed necessities of a Muhammadan family, arising out of their minute sub-division and inter-division of ancestral property. Before invasion of Muslim such right was not known to the people of the subcontinent. Right of pre-emp......aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ......father, and other heirs, according to well defined rules." ****** The law of pre-emption is coessentially a part of Muhammadan jurisprudence. It was introduced into India by Muhammadan Judges who were bound to administer the Muhammadan Law. Under their administration it became, and re..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
....sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 274.
..........(23)
The compensation has already been deposited with the office of the Deputy Commissioner, Dhaka but the respondents could not receive the compensation because of pending litigations. Therefore, the respondents cannot take the plea of nonpayment of compensation. Moreover, gazette not......sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 274.
......i in Writ Petition No.6786 of 2005.
5. The writ respondents contested the Rule by filing written statement controverting all the material statement made in the writ petition.
6. The learned Judges of the High Court Division upon hearing both the sides by the judgment and order dated 1..
Category: Property Law | Date: 9 Sep, 2014 | Hits: 21
....Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
......e rules governing the acceptance the public servant concerned has locus poenitentiae but not thereafter……..... (15)
Resignation tendered by a government official can be withdrawn before it is accepted by the competent authority....... (16)
Cases Referred to-
Jagdish Chan......Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
......rit Petition No.4717 of 2010.
6. The petitioners herein contested the Rule by filing affidavits-in-opposition controverting the material statements made in the writ-petition.
7. The learned Judges of the High Court Division, upon hearing the parties, by the impugned judgment and order date..
Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20
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