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State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....rdquo;x bone deep. On dissection blood clots are found in and around all the injuries. Left frontal and left parietal bone are found fractured. The brain tissues are found coming out from the cavity. Right lungs is found ruptured. Second, third and 4th ribs of the right side of the chest are found c......s dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; Dahyabhai Chhanganbhai Thakkar vs. State of Gujarat, AIR 1964 (SC) 1563. Lawyers Involved: Syed Shahidur Rahman, Deputy Attorney-General with S M Aminur Rahim, Assistant Attorney-General and Mohd Abdul Baset, Assistant Att......s witness also stated that the condemned prisoner did not do any harm to his wife and children, although they were there in the place of occurrence house at the time of occurrence and he led a normal life. This witness also denied in cross-examination that the condemned prisoner was insane at the ti..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

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

.......Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara, Farmgate, Tejgaon, Dhaka............Petitioner Vs. The S...... The State, Represented by the Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara,......urn hostile to Police. The position of Police as agents of law, the impartiality of the police and the Independence of Judiciary from arbitrary interference are the main bulwarks of democratic way of life. The Police should therefore, develop a professional view that their allegiance is only to law ..

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)

....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. ......and Services Trust and another...........Petitioners Vs. Bangladesh and others...........Respondents Judgment November 6, 2001. Result: The Rule is made absolute. Cases Referred to- State Vs. Deputy Commissioner, Satkhira and others, 45 DLR (HCD) 643; Shiplu and another Vs. ......Writ Petition No. 1341 of 2000 Judgment Md. Arayes Uddin J.- Rule was issued calling upon the respondents to show cause why the trial, conviction and sentence of the child to imprisonment for life inflicted by the Courts and Tribunals of Bangladesh, not being Juvenile Court properly constitu..

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

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... I agree. Ed. This Case is also Reported in: ......Hazi Azizul Huq that her marriage had been dissolved consequent to an incident of about one year ago when her husband out of anger uttered the word ‘talak’, but thereafter continued their married life. 2. In Bangladesh laws relating to the dissolution of a Muslim marriage at the instance of t..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

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

....son, many dying, giving birth to children in prison and living in inhuman condition. Therefore, the system is nothing but violation of their rights in the name of their welfare. The Convention on the Rights of the Child to which Bangladesh is a signatory does not allow such treatment towards the vic......5 BSCR (Vol. VIII) 112. Lawyers Involved: Tania Amir, Advocate—For the Petitioner. Md. Abdur Rashid with Subrata Chowdhury Advocates—For Respondent No. 6. Momtazuddin Ahmed, Deputy Attorney-General with AM Aminuddin, Assistant Attorney General—For the Respondents. Writ Petition......ghts are violated by the State. The petitioner claims that she is only too aware about this inhuman and barbaric practice of so-called safe custody under which Sheema Chowdhury in Chittagong lost her life. This unsafe and unsound practice of so-called safe custody further victimises an alleged victi..

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. ......pellant Vs. Abdul Wahab Shah Chowdhury……………….Respondent Judgment May 25, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an ...... will be precluded from considering the malafide nature of a proceeding in a particular case merely because there is a prima facie allegation of an offence punishable with death or imprisonment for life. A prayer for pre-arrest bail should be considered without any feeling of fetter of section 49..

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

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ble by the righteous. A righteous man will please Allah and if righteous men give voluntary gift to all kinds of divorced women it is for Allah to consider whether they have acted righteously or not. Righteousness and mata’a go hand in hand………………&helli......ellip;……… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay see......slation by Yusuf Ali) 6. Let the women live (In iddat) in the same Style as ye live, According to Your means: Annoy them not, so as to restrict them, And if they carry (life In their wombs), then Spend (your substance) on them Until they deliver The..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Firoz Miah Vs. State, 1998, 27 CLC (HCD)

....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......…Respondent Judgment November 30, 1998. Lawyers Involved: Rabia Bhuiyan with Alamgir Al Mustafizur Rahman, Advocates — For the Appellant. AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hami......dge, Brahmanbaria in Special Powers Act Case No. 137 of 1991 convicting the appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 sentencing him to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for one year more. 2. The prose..

Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......ree whereupon Miscellaneous Case No.18 of 1992 was started but the said Miscellaneous Case was ultimately dismissed on contest. Against the aforesaid order of dismissal the defendant opposite parties took an appeal before the District Judge, Jamalpur being Miscellaneous Appeal No.22 of 1993, and the......se function is limited to execute the decree in terms of the decree itself. If the present amendment is allowed, this will re-open the controversy between the contending parties giving a new lease of life to a dead proceeding which has been tried on merit and finally determined. Any amendment of the..

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ...........Petitioner Vs. State.....................................................Opposite Party Judgment June 7, 1998. Result: The Rule is discharged. Cases Referred to- Abul Bashar Howlader Vs. State, 46 DLR (AD) 169; Mihir Lal Saha Poddar Vs. Zhunu Rani Saha,......the number of middle class families in the society and their urge for higher standard of living brought in the curse of dowry in our society and its prevalence was spreading like wild fire waking the life even of the lower class families miserable the Dowry Prohibition Act 1980 was enacted providing..

Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76

Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)

.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......………………..Petitioners Vs. State……………………….......Opposite Party Judgment June 2, 1998. Result: The Rules are discharged. Cases Referred to- Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Habibul Islam Bhu......d to damage his reputation in his profession and there is no other forum except this Hon'ble Court for anticipatory bail and finding no other alternative to save his dignity, reputation, prestige and life he had surrendered before this Court and prayed for ad interim bail. 6. Learned Advocate a..

Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………..........ase, the Insurance company can be said to have accepted the Insurance proposal of the deceased. Facts are that at the request of an organiser of the company the deceased verbally agreed to insure his life on an endowment policy. The deceased was medically examined by doctor employed by the company. ..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Miss Rowshan Ara Ahmed Vs. Secretary, Ministry of Home Affairs, Govt of Bangladesh, 1977, 6 CLC (HCD)

....his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ...... Home Affairs, Govt of the People's Republic of Bangladesh and others...................Respondent Judgment August 24, 1977. Result: The Rule is discharged Cases Referred to- Mr. Mokleshur Rahman Vs. The State, 28 DLR 17;. Sree Omio Kumar Karmaker Vs. The State of W......s difficult to regard such an act as a mere infraction of law and order, for such an act committed with such an intent and object and in such circumstances is one which strikes at the normal, orderly life of the community in that locality. Its impact and potentiality thus affect public order in the ..

Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......nt Vs. British Airways PLC ……………………............Respondent Judgment May 8, 1997. Result: The appeal is not allowed.  Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life I......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)

....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......s Case No.5817 of 1996. Judgment Md. Mozammel Hoque J.- This Rule was issued calling upon the opposite party Mr. Ansaruddin, Officer-in-Charge, Mehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committing contempt of Court of the Speci......and he expressed his sorrow and remorse. Since he has expressed his sorrow and remorse and begged for unconditional apology and since it is not found that on any previous occasion in his long service life he has done anything like that, we are of the view that ends of justice will be met if we accep..

Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....The right to life with human dignity is the fundamental right of every Indian citizen." 16. In the case of Subash Kumar Vs. the State of Bihar reported in AIR 1991 SC 420 it was further "Right to live is a fundamental right under Article 21 of the Constitution and it includes the right ......of the People's Republic of Bangladesh, Bangladesh Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is made absolute in part. Cases Referred to- Munn Vs. Illinois, (1877) 94 US 113; Francis Coralie Vs. Union Territory of Delhi, AIR 1981 (SC......ation (BELA) he filed the Writ Petition in public interest as consumption of imported food item containing radiation level above the acceptable limit and injurious to public health is a threat to the life of the people of the country including himself who are potential consumers of such goods. Under..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Enayet Vs. State, 1996, 25 CLC (HCD)

....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......Enayet..........................Appellant Vs. State..............................Respondent Judgment April 16, 1996. Result: The appeal is allowed. Case Referred to- Jamuna Singh Vs. State of Bihar, AIR 1967 (SC) 553. Lawyers Involved: Syed Ziaul ......made a statement on 20‑11‑90 before a Magistrate. In her cross‑examination she stated that she did not raise any hue and cry while she was taken by a rickshaw by accused Shaheen for fear of her life. She also denied the suggestion that she was married to Shaheen on 9‑11‑90. She admitted th..

Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152

Masum and others Vs. State, 1996, 25 CLC (HCD)

.... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ...... Vs. State………………………………Respondent Judgment January 30, 1996. Result: The appeal relating to appellant No.1 Masum is dismissed. The appeal relating to appellant No.14 Abdul Jalil is di......rned Sessions Judge convicted 13 appellants including appellant No.1 Masum but excluding appellant Nos.14 and 15 under sections 302/34 of the Penal Code and sentenced each of them to imprisonment for life with fine, convicted appellant No.14 Abdul Jalil under section 323 of the Penal Code and senten..

Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39

MA Malik Vs. State, 1994, 23 CLC (HCD)

....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......n and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. Lawyers Involved: Kazi Shahadat Hossain with Md. Amirul Islam Mondal, Advocates ‑For the Petitioner. Amirul Kabir Chowdhury Deputy Attorney‑General with Syed Abu Kowser, Advocate-For the State. Criminal Miscellaneous Case No.140......er person and that all attempts to normalise the relationship failed. On 2.9.92 he lodged an information with the concerned Gulshan PS which was entered in General Diary (No. 96) alleging risk to his life and Property and seeking police protection. On 3.2.93 he instituted Money Suit No.6 of 1993 in ..

Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......r J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred to- Ganhar Vs. Mrs. Ghulam Fating and another PLD 1984 Lahore, 124; Mrs. Parveen Chowdhmry Vs. 6t......nts valued at Taka 14,000.00, a watch worth taka 15,000.00 and other house‑hold articles valued at Taka 10,000.00 and half of the dower amount was fixed as prompt dower. 4. During their marriage life, the plaintiff opposite party No.1 made a demand to the petitioner to pay her dower money but w..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196