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State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sion (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………….Appellant Vs. Shaiokh Abdur Rahman and others……..Respondents. Judgment August 31, 2006. Lawyers Involved: Abdur Razaque......e and the two learned State Defence Lawyers representing the condemned convicts. We have also considered all materials on record including the evidence and the impugned Judgment and order. 11. For proper appreciation of the case and for determination of the sustainability of the impugned Judgment..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....stant Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal......nst him the period he spent in custody in connection with the offence before conviction should not be set aside and or such other or further order or orders passed as to this Court might seem fit and proper. Both the jail appeal and the Rule have been heard together. 3. Prosecution case, in short..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....……… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State,......s Kalu, Abu Noman Khan and Md. Ibrahim. She next deposed that Md. Mizanur Rahman, one of her cousins, hired the accuseds with money and caused the occurrence by wire-pulling out of enmity over landed properties. PW 1 further states that after apprehension of the accuseds she went to the Police Stati..Category: Criminal Law | Date: | Hits: 91
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....on No. 5175 of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 2-8-2000 passed by the learned District Judge, Manikganj in Family Appeal No. 18 of......its that the petitioner has not been maintaining his daughter and she is entitled to maintenance from her father from 18-5-1990 till her marriage. He further submits that the Court of appeal below on proper consideration of the facts and circumstances of the case and evidence on record was perfectly..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....diction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- ......e Code of Criminal Procedure during trial are that they are innocent and they have been implicated in this case falsely. Their further defence is that PW 2 Latifur Rahman wanted to make a will of his property in favour of his youngest daughter deceased Shajneen depriving her elder sisters Mrs. Simee..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....is Case is also Reported in: 58 DLR (2006) 538. ......e Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated i..Category: Property Law | Date: | Hits: 70
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
.... Reported in: 58 DLR (2006) 524. ...... behalf of the State, supports the impugned judgment and submits that the learned Assistant Sessions Judge, upon considering the evidence on record rightly passed the impugned judgment which is just, proper and legal and warrants no interference by this Court. 10. Let us now consider the evidence..Category: Criminal Law | Date: | Hits: 52
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ial Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhak...... # 20 (Annexure-H) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, a citizen of the Republic of China, is running his business from Thail..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... This Case is also Reported in: 58 DLR (2006) 487. ......effect and why Rule 8(1) of Rules, 1998 shall not be declared to be ultra vires of Article 40 of the Constitution and or such other or further order or orders passed as to this Court may seem fit and proper. 2. These Rules Nisi have arisen out of similar questions of facts and law and, as such, t..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....(2006) 478, 26 BLD (HCD) (2006) 324. ......gal effect and why respondent Nos. 1-2 should not be directed to withdraw, cancel, revoke and/or rescind the same and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In Writ Petition No. 4084 of 2002, the Rule Nisi was issued calling upon the responden..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....nal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashe......f the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a resi..Category: Election Law | Date: | Hits: 87
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....nciple of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to ne......he accused Babi was suffering from mental disorder. He denied the suggestion that at the time of occurrence the accused was suffering from unsound mind and insanity and without investigating the case properly he submitted perfunctory charge-sheet. 24. PW 12 Sub-Inspectors Mir Abdul Latif deposed ..Category: Criminal Law | Date: | Hits: 70
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
.... This Case is also Reported in: 58 DLR (2006) 425.......preparation to file a Civil Revision before this Court and that Sk. Md. Reazul Hassan left behind his childless wife Mrs. Hosneara Begum and only living brother Sk. Tariqul Alam as legal heirs of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begum was not aware of ..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
.... 2004. Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 o...... Sylhet suffers from no illegality which does not, call for any interference. 14. The main contention of accused petitioner is that the petitioner was tried in absentia without serving the process properly as per the provision of law, that he was kept in the complete dark about the case; that he ..Category: Criminal Law | Date: | Hits: 65
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....……………..Appellant Vs. State ……………………………………………………..Respondent. Judgment April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. State, 1995 BLD (AD) 55; Miislimuddi...... officer that PW 2 told that accused gave something for miscarriage or he wanted to take deceased for treatment but she refused. He denied the suggestion that for the cause of misappropriation of the property of accused he was falsely implicated in this case and deposing falsely. 15. PW 4 Abdul A..Category: Criminal Law | Date: | Hits: 55
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....me Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Refaat Ahmed J Suratjan Bewa……………………………………..Petitioner Vs. Md. Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Refer......-4- 1998 passed by the learned Assistant Judge, Tarail in Other Class Suit No. 46 of 1996 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration ..Category: Property Law | Date: | Hits: 82
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....pellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; Emperor Vs. Kassim, 26 Cr.L.I. 177......xactly he was pleading to. His plea of guilty is no more than an admission that he had committed that act which is alleged to be an offence. The learned Sessions Judge without affording the appellant proper safeguards and the consequences of his plea accepted the plea of guilty. 17. In view of th..Category: Criminal Law | Date: | Hits: 51
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Nasima Akhter Banu……………………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases R......laintiff instituted Partition Suit No. 186 of 1994 in the Court of Senior Assistant Judge, Cox's Bazar against the defendants herein opposite parties, praying for a separate saham of her share in the property for partition by metes and bounds Subsequently, the suit was transferred in the Second Cour..Category: Procedural Law | Date: | Hits: 99