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State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ...... ...................................Respondent Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. Davis; Gower Vs.......o satisfies them as to leave no other reasonable conclusion possible. A "reasonable doubt" is such a doubt as would cause a reasonable and prudent man in the graver and more important affairs of life to pause and hesitate to act upon the truth of the matter charged. But a reasonable doubt is no..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......midul Hoque J Md. Tofazzul Islam J Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents Judgement October 28, 2003. Moral conviction deprecated Findings o......ed Foran guilty under section 6 (1) and accused Babul under section 6(1)/114 of the Nari‑o‑Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentenced both of them to suffer imprisonment for life. The convicts then preferred the above appeal before the High Court Division but the appeal was..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......nal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the parties. In case of failure to find possession in favour of either party direct the parties under section 146 of the Cr.P.C. to ......t the appellants from their legal possession over the case land and have been threatening the labourers of the first party appellant. Thereby there is every chance of the breach of peace with loss of life and property if the second party respondents try to oust the first party appellants from the la..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....certained on which date the cause of action arose. 17. Learned Subordinate Judge, also, decided issue no.III in the negative and held that plaintiff had been aware of preparation of S.A. Record of Right in respect of suit property and being aware of wrong record did not present suit within proper......€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 56......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....ule of law has been expounded in the third paragraph of the preamble of our Constitution and the status and sanctity of the preamble is unique because it has been deeply entrenched in the Fundamental Rights chapter under Articles 31 and 32 of the Constitution. Rule of law cannot be conceived of with......d others………Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the ......‑1776) Thomas Jefferson said "We hold this truth to be self-evident that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and pursuit of happiness." This is akin to Article 31 of our Constitution. 5..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ...... J Hossain Shially (Fakir).................... Appellant Vs. State............................. Respondent Judgment July 19, 2003. Result: The appeal is allowed. Case Referred to- 19 DLR (SC) 259. Lawyers Involved: Md. Habibur Rahman Miah, Advocate ‑ For the Accuse......him (accused-appellant) under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman (Special Provisions) Ain, 1995 (hereinafter shall be referred to as said Ain) and sentencing him to imprisonment for life as well as to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for two years..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......and others................ Respondents Judgment July 8, 2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive co......egistered on 25‑9‑1956 by the Dhaka Improvement Trust (DIT). Dr. Mahmood Hasan constructed a building on the said holding which is known as "Hasan House", now on plot Nos. 537 and 538. During the lifetime of Dr. Mahmood Hasan the building was let out to the American Embassy and the lease deed ex..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......lip;…………………………….Contemners Judgment June 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR 486; 16 DLR (S...... 26. 'Law' does not mean only statutory law; it includes common law or judge-made laws. Article 9 of the Constitution of Singapore provides, "No person shall be deprived of his life or personal liberty save in accordance with law". In Ong Ah Chuan Vs. Public Prosecutor, (..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......m do not make them unreliable or, in other words, their evidence is not worthy of consideration.” …….(7) Prosecution shall determine how many cited witnesses to be examined for proving it’s case. ………………&hellip......Kabir Sarder under sections 302/34 and under sections 326/34 of the Penal Code. The learned Additional Sessions Judge sentenced the accused persons convicted under sections 302/34 to imprisonment for life and to pay a fine of Taka 5,000 each, in default to suffer rigorous imprisonment for 6 months m..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......n law. Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondent. Criminal Petition For Leave to Appeal No. 69 of 2002. (From the judgment and order dated May 7, 2002 in Criminal Ap......pecial Court, Rajshahi convicting the petitioner and 4 others under section 6(3) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing each of them to imprisonment for life. 2. Earliest version of the prosecution was that Altafunnesa (PW 1), victim of the..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. .........................Respondents Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority sh...... i.e. 76.67%, while the family of Mr. Ashraf Ahmed were allotted 2,800 shares being 23.33%. 4. The company was shown to have in balancing loss. The company was insolvent throughout its life. The respondent therefore, questions as to why the company was kept alive by the majority sha..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......n of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial of the case. Hence bail is gra......stody of police and to deliver him into the hand of surety, who undertakes to produce him in Court whenever ordered to do so and in the case of an offence punishable with death or imprisonment for life the mere heinousness/grievousness of the offence is not by itself a circumstance sufficient to..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of the parties, as they plead, in view of the concept and meaning of the pro......but none were examined. We also do not find what prompted a young man of 21 years to give away all his earthly belongings by the gift to a member of the same joint family. He married to live a family life with the plaintiff’s mother. Therefore, we hold that the deed of gift was not made in acc..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......udgement August 20, 2002. Result: The petition is dismissed. The Arbitration Act, 2001 (Act No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit......t trading loss, US$ 2,000,000 equivalent to Taka 110,000,000 for international market loss and US$ 5,000,000 equivalent to Taka 275,000,000 for injury to health causing mental agony and shortening of life expectancy, totaling in all Taka 440,000,000. Plaintiffs offer being firm bid No. F1431 dated 3..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......gust 11, 2002. Cases Referred To- Al-Amin vs. State 1999 BLD 307 = 51 DLR 154. Lawyers Involved: ABM Nurul Islam, Advocate—For the Accused Appellant. Md. Robiul Karim, Assistant Attorney-General-For the Respondent State. Criminal Appeal No. 2487 of 1997. Judgment Tariqul......of 1996 convicting the (accused appellant) under section 6(1) of Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter shall be referred to as the Ain) and sentencing him to imprisonment for life. 2. The prosecution case is that the informant on 18-11-1996 in good faith at the suggestion..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......on dated 26-8-86 passed by the learned Sessions Judge, Pirojpur in Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to s......t see any maramari. Persons numbering about 20/25 came and he does not know all of them. P.W. 2 saw Shaymol coming home. Shaymol's mother told him that he died in the afternoon. He lived a normal life on Friday the following day of the occurrence. Dr Yakub did not give him any treatment. Shaymol..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ............Appellant Vs. State.........................................................................Respondent Judgment July 20, 2002. Result: The appeal is allowed. Cases Referred to- Abul Kalam and others Vs. Abu Daud Gazi and another, 5 BLC (AD) 19; Abdul Kader alias Manju V......tan Daman Case No.40 of 1999 convicting the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.1 was legall..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....do it', held by the Ontario Court of Appeal that it was no more than the whining of an unhappy loser and therefore, does not constitute contempt in view of section 2(b) of the Canadian Charter of Rights and Freedom6, guaranteeing comments on a matter of public interest concerning the functioning...... Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. ......gh and mighty, or subjected to threat and corruption. Late Journalist Mr. Shamsur Rahman of 'Daily Janakantha' was such a brave soldier against the high and mighty power of evil, who lost his life for exposing for the first time the true facts regarding the syndicated criminals and exposing ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......1985 BLD 137, 8 DLR 404. Lawyers involved: Shawkat Ali Khan with Fazlul Huq Khan Farid and Md. Ensanuddin Sheikh Advocates-For the Appellants. ABM Waliur Rahman Khan, Assistant AttorneyÂ-General-For the Respondent. Criminal Appeal No. 2445 of 1997. Judgment ......tional Sessions Judge and Judge, Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Madaripur in Nari‑o‑Shishu Nirjatan Daman Case No. 66 of 1997 sentencing the appellant to suffer imprisonment for life. 2. The prosecution case, in short, is that Fazila Khatun, daughter of Fazal Khan was ma..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ................ Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour ......kona in Sessions Case No. 224 of 1984, convicting accused-appellant Hazrat Khan @ Hazrat Ali Khan under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. The pr..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
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