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Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ......arned Advocate‑on‑Record in support of his aforesaid contention has referred to the cases decided by the different High Courts of Subcontinent including the High Court of erstwhile East Pakistan.  8. In the case of Shamsul Huda Khan vs Aminul Islam Chowdhury reported in 3 ..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)

....s final order is passed in a matter, person interested in the matter or persons apprehensive of being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not entitled to invoke the writ jurisdiction as against the in......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149

State Vs. Harish, 2002, 31 CLC (HCD)

....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......er recording of confession, in such a case obviously the voluntary nature of the confession stands vitiated. Similar view has also been held in the case of Waris and others Vs. State reported in 1982 Pakistan Criminal Law Journal, 720. 29. On scrutiny of the records of the lower Court it transp..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....iation and another Vs. Union of India AIR 1994 SC 268, Firdaus Taleyarkhan Petitioner Vs. Union of India and another Respondents, AIR 1991 SC 631, Sharaf Faridi and 3 others Vs. Federation of Islamic Republic of Pakistan through Prime Minister of Pakistan and another, PLD 1989 Kar 404, Al-Jehad Trus......950 ALL 556 (FB), AIR 1982 149, AIR 1936 AC. 322, AIR 1936 PC 141, AIR 1978 SC. 727, (1978) 3 SCR 162, AIR 1965 SC. 745, (1965) 1 SCR 413, AIR 1943 PC 202, 19 DLR 354, 16 DLR 393, Attorney-General of Pakistan Vs. Abdul Hamid and others, 15 DLR (SC) 96, Nelson’s Case (16 DLR SC 535), Salimullah..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....nder Wireless and Telegraphy Act, 1933 and as the licence was granted under both the Acts as both the Ministry of Information and Post and Telecommunications are under the Government the People's Republic of Bangladesh, there is no need of obtaining any fresh licence from the Ministry of Post an......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......ge, the suit was found to be not barred by limitation and accordingly, decreed by the High Court at Lahore. 13. In dismissing the appeal preferred therefrom by the sister to the Federal Court of Pakistan, Mr. Muhammad Munir, CJ writing the opinion on behalf of the Court was of the view that, ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).

....   The petition is therefore dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 69.  ....... 70 of 1964 in the Court of Senior Assistant Judge, Cox's Bazar. On the other hand, the defendant‑judgment‑debtor petitioners preferred Second Appeal No. 583 of 1964 before the then East Pakistan High Court and the High Court was pleased to stay all further proceedings of other Executio..

Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

....cancelled or for the period for which it cannot be given effect to." 9. The appellants have challenged the delegated legislation as excessive one, Article 83 of the Constitution of the People's Republic of Bangladesh made it clear that no tax shall be levied or collected except by or under the......on of the capacity will be erroneous and that the National Board of Revenue failed to take precaution in giving full details of the guideline similar to that framed by the Central Board of Revenue of Pakistan and that the standing tribunal illegally did not consider the grievance of the respondents ..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......t town in Faridpur and agreed to give the petitioner No.1 the said plot and actually gave the order of allotment and asked the petitioner No.1 to deposit the premium for the land to the State Bank of Pakistan at Dhaka. The entire price for the land was paid by the petitioner No.1 in four instalments..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

.... the press that the Police did pull off her saree. The Complainant-petitioner felt her personal insecurity and by way of Writ Petitioner under Article 102 of the Constitu­tion of the People's Republic of Bangladesh sought personal security and protection from harassment and obtained a Rule. ......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....t in jail. If a State has not got sufficient accommodation in its remand homes, the children should be released on bail instead of being subjected to incarceration in jail.” 8. In the People’s Republic of Bangladesh, “The Children Act, 1974” (XXXIX of 1974) (hereinafter called the Act) ca......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....oral turpitude the present petitioner has been disqualified from being a Member of Jatiyo Sangshad in view of the provision of Articles 66(2)(d) and 67(1)(d) of the Constitution of the People’s Republic of Bangladesh and, as such, the present petitioner is not entitled to act or continue as a ......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....nbsp;     M Amin Choudhury CJ.- This Criminal Appeal No. 41 of 2000 was filed by Suhel Ahmed Chowdhury, former Secretary, Ministry of Works of the Government of the People’s Republic of Bangladesh in the nature of direct appeal under Article 103 of the Constitution on being......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......hi University & Controller of Examinations, Karachi University, 18 PLR (SC) 422; University of Dhaka Vs. Zakir Ahmed, 16 DLR (SC) 722;. Messrs Faridsons Ltd. Karachi and another Vs. Government of Pakistan and another, 1961 PLD 537. Lawyers Involved: ABM Bayezid with Md. Touftq Islam, A..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......official assistance of the Ministry of Rehabilitation in 1972. For proper accommodation of helpless persons, who were victims of the war of liberation as well as helpless Government servants who left Pakistan, the Government prepared a plan to accommodate Class III and Class IV employees at Sections..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Professor Nurul Islam and others Vs. Government of the Peoples Republic of Bangladesh & others, 2000, 29 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Professor Nurul Islam and others.……………………Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.…………Respondents Judgment February 7, 2000. Cases Refe...... Government of the Peoples Republic of Bangladesh & others.…………Respondents Judgment February 7, 2000. Cases Referred To- Bamakrishna Vs. State of Kerala and others, 1992(2) KLT 725; Pakistan Chest Foundation and others Vs. Government of Pakistan and others, 1997 CLC 1379; Dr. Mohiu..

Category: Health Law | Date: 7 Feb, 2000 | Hits: 500

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....he Respondent No.1. Writ Petition No. 472 of 1994. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application under Article 102(2)(a)(ii) of the Constitution of the Peoples Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order dated......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151...

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......e Criminal Appeal No.822 of 1999 is allowed. Cases Referred to- Masirali and others Vs. Abdul Mamith, 8 DLR 634; Matiur Rahman Vs. State, 14 DLR 526; MSK Ibrat Vs. Commander-in-Chief, Royal Pakistan Navy, 6 DLR (SC) 128; Muhammad Farooq Vs. State, 8 DLR (SC) 135; Arfan Ali Vs. State, 42 DL..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....he meantime the victim girl will remain where she is now, that is the Woman Support Centre. Mirpur run by Woman Directorate under the Ministry of Woman and Child Affairs, Government of the People’s Republic of Bangladesh. None will be allowed to see her without the permission of the trial Court. D......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. ......dy, or under any other form of restraint, or against whom no warrant of arrest has been issued; This view, however, in the subsequent case of Sadiq Au has been extended by the then Supreme Court of Pakistan to include a case for the grant of bail to a person whose arrest on a criminal charge by p..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79