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Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......am Chowdhury J Emdadul Haque Azad J Debobrota Baiddya @ Debu.........Accused Appellant Vs. State ……………………………..Respondent Judgment May 9, 2005. Case Referred to- Nazrul Islam vs. State, 50 DLR 103, Khondker Moniruzzaman vs. State, 1997 BLD (AD) 54 = 1 BL......ion (1) provides that whoever imports or exports for immoral purpose or for same purpose aforesaid obtains possession or Jimma or custody of any child shall be punished with death or imprisonment for life and shall also be liable to fine and sub-section 2 provides that whoever steals new born baby f..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ............Petitioners Vs. State...................................................Opposite Party Judgment April 20, 2005. Result: The Rule is discharged. Cases Referred to- Mohammad Ali and others Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bima......y are terrorists. 35. In these day of deteriorating law and order situation, very few local witnesses have the courage to depose against the habitual miscreants, obviously for reasons of fear of life. Our common experience is that some of the local witnesses do not come to the court for the fea..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......shu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the Appellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezow......2001 convicting the jail appellant Md. Sohel Rana under section 9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 (in short, Ain, 2000) and sentencing him thereunder to rigorous imprisonment for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment for further..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......p;…………………………Respondent Judgment April 19, 2005. Result: The death reference is rejected. Cases Referred to- Giasuddin Vs. State, 55 DLR 328; Shah Alam and others Vs. State, 42 DLR (AD) 31; State Vs. ...... as alleged? (2) Whether the case comes within the mischief of section 304 Part II of the Penal Code. (3) Whether the sentence of death of the accused should be commuted to imprisonment for life. 14. Let us now consider the evidence of the witnesses examined in the case. P.W.1 SI..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
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. ......er……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The Rule is made absolute. Cases Referred to- Mozammel Hossain Vs. The State, 17 BLD 635; Sahjahan Mallik and others Vs. The State, 3 BLC ...... an offence under clauses (a), (c), (e), or (f) of section 19 shall, if the offence is committed in respect of a pistol, revolver, rifle (shot-gun or other fire-arm) be punished with imprisonment for life or rigorous imprisonment for a term which shall not be less than ten years." 4. The prosecut..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
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. ..............Appellants Vs. State.............................................Respondent Judgment January 15, 2005. Result: The Appeal is allowed in part. Cases Referred to- Abdus Sattar and others Vs. State, 46 DLR (AD) 239; Rafiqul Islam Vs. State, 1993 BLD (AD) ......dditional Sessions Judge, 1st Court, Kushtia in Sessions Case No.72 of 1990 convicting them under sections 302/149 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for a furthe..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..........Petitioners Vs. State..................................................Opposite Party Judgment January 4, 2005. Result: The Rules are discharged. Cases Referred to- AIR 1945 PC 156; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; 14 DLR (SC) 96; 14 DLR (......nt of any local authority and any person engaged in any employment or class of employment which the Government may, from time to time, declare to be employment or class of employment essential to the life of the community. A person who was appointed to discharge the function of a Minister and who is..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ...... others..................................Respondent Judgment December 14, 2004. Result: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of the petitioner, the petitioner was not served with a notice before cancell......oner has been enlarged on bail in all the cases. After the petitioner was admitted to bail the petitioner is being threatened by unknown persons and he is passing his days without any security of his life. It has further been stated that the petitioner's two licences were issued in 1992 and 1993..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ....... Ruhul Quddus-For the Petitioners. Not represented-the Respondents. Writ Petition No. 1043 of 1999. Judgement Shah Abu Nayeem Mominur Rahman J.-This Rule was issued upon the respondent Nos. 1-5 to show cause as to why they should not be directed (a) to take necessary steps and action to ensure......romulgated. It has been further submitted that because of Iodine deficiency every year around 250,000 people are becoming mentally impaired and around 33,000 infants die within the 1st month of their life and around 41,000 still births occur and in general for want of iodine the I.Q. of person suffe..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......order dated 6‑8-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS record was accordingly prepared and fi......e suit by filing written statement. They denied the material allegations made in the plaint and contended, inter alia the interest of plaintiffs predecessors extinguished 40/43 years ago during their life time and the defendants acquired, title and possession in the suit land. The further case of th..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......the unlawful assembly might not have the common object of murdering the victim but they had common object of committing an offence including murder through only four of the appellants caused injury to the victim, the three other being the members of the unlawful assembly are equally liable. ......ing the judgment and order of the trial Court in Sessions Case No. 67 of 1992 convicting the appellants under sections 302/149 of the Penal Code and sentencing each on them to suffer imprisonment for life and to pay a fine of Taka. 5,000 (five thousand) in default to suffer further imprisonment for ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......mad Dastagir Hussain J Mamnoon Rahman J Firoz Chokder……………………………Petitioner Vs. The State…………………………Opposite Party Judgment October 27, 2004. Result: The Rule is made absolute. Lawyers Involved: S. M. Reza......the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpur in Nari-O-Shishu Nirjatan Case No.38 of 2001 convicting the petitioner under Section 79(1) and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk.1000 in default to suffer 6 months rigorous imprisonment under section..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......of the trial court can be reversed by the Appellate Court? High Court Division as the final court of fact without considering the evidence and materials on record and without adverting to the reasoning given by the trial court reversed the findings of the trial court. Therefore, ......ries at Rangpur. The total value of the properties thus purchased by defendant No. 1 through his son defendant No. 2 at Rangpur in 1959-60 comes to Taka 19,199. The trial Court also considered the life insurance policy of defendant No. 1 for Taka 15,000 and the declaration made by him at the end..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e reversed in review basing on the evidence already on record when a different opinion could be arrived at on fresh evaluation of the evidence………(14) Cases Referred to- Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR......uat Laskar, Nasir Khan, ldris Jamai under sections 302/34 of the Penal Code and sentenced Ershad Sikder, Jamai Faruque and Liaquat Laskar to death and Nasir Khan and ldris Jamai to imprisonment for life. The learned Additional Sessions Judge convicted other accused under sections 325/34 of the s..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......n for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expired after the expiry of the said 60 days by efflux of time on 31‑7-1998, he would be deemed to be present in his place of work since 31‑7‑1998 and is also entitled to his full emoluments. ......al addressed by the present to the emerging future. And here the future responded, harmonising with the humans cape hopefully projected by Part IV of the Constitution. But the drama of a nation's life, especially when it confronts diehard forces, develops situations of imbroglio and tendencies t..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorou......04 Considering the facts and circumstances of the cases and to meet the ends of justice conviction under section 4 of the Anti-Terrorism Act is upheld but the sentence of rigorous imprisonment for life is modified to 10 years rigorous imprisonment with fine. Lawyers Involved: Md. Khur..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
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. ...... February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. Cases Referred to- Abdul Bahar alias Abul Bashar and others Vs. State, 1995 BLD 84; Nazir and others Vs. State......lant (In Criminal Appeal No.3459 of 2001). Death Reference No.43 of 2001, Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001. Judgment AK Badrul Huq J.- Paradigm of taking life of wife by husband, whether for dowry or for any other cause is not rare but archetype of doing..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......uiyan J State……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; S......rs. This Court following a decision in the case of Ashnan Begum Vs. State, 51 DLR (AD) 18, convicted the condemned prisoners under section 302 of the Penal Code and sentenced them to imprisonment for life on finding that the prosecution has been able to prove the charge under section 302 of the Pena..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......ssed. The Code of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shauk......ion 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Senior Advocate instructed by Md. Nawab Ali, Advoca..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter suc......ts and circumstances of the cases convicted and sentenced the condemned prisoner as aforesaid. The learned Additional Sessions Judge sentenced two others to death and two others to imprisonment for life. By the same judgment and order the learned Additional Sessions Judge convicted 9 accused (othe..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
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