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Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.....................Respondent July 3, 1994. Result: The Criminal Appeal No.548 of 1992 and Criminal Appeal No.494 of 1992 are allowed. Case Referred to- State Vs. Abdur Rahim Sikder, 10 DLR 61. Lawyers Involved: &nbs......ellant Giasuddin Ahmed, Abul Kashem and Dulal under section 7 of the Cruelty to Woman (Deterrent Punishment) Ordinance, 1983 and sentencing each of them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 3,000.00 in default, to suffer RI for 6 months more. Both the appeals..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ...... convicting appellants Abdul Kader alias Kada, Hasen Ali, Md. Dudu, Mofizuddin alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before......l Kader alias Kada, Hasen Ali, Md. Dudu, Mofizuddin alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before the occurrence accused Abd..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ......p;……………………Respondent Judgment March 8, 1994. Result: The appeal is allowed. Tender of pardon to accomplice The sole purpose of granting pardon to an accused in specified offences is to pro......ictim girl. The victim girl admitted to have signed her name in the Nikahnama written by P.W. 2 Nurul Islam though she stated that she signed her name and put her thumb impression under threat of her life in the blank form of Nikahnama. We have compared the hand writings in the letters allegedly wri..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......ip;…Respondents Judgment January 27, 1994. Result: This Rule is disposed of. Lawyers Involved: Dr. AKM Ali, Advocate—For the Petitioner Aminul Hoque, Attorney‑General, with AF Hassan Arif, DAG—For the State. Dr. Ahmed Hussain, Advocate&mda......isions of, law and it is stated therein that there is no specific allegation against any candidate for violation of laws and rules; and that there is no such environmental pollution and hazard to the life of the city dwellers, The learned Attorney‑General placed the affidavit‑in-opposition filed..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......haha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respondents
JK Paul Advocate‑For pro forma‑respondent Nos.1(c) to 1(e).
Appeal from Original Decree No. 235 of 1976, analogous with Appeal from Original Decre......egate at Dhaka and this application was registered as Probate Case No.10 of 1971. But, unfortunately, this Trinayani died on 29th July, 1972, before she could obtain the probate. Trinayani during her life time made a will (Ext. 15) duly executed and registered on 4th March, 1972 bequeathing all her ..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ......st and orthes………………………Defendants Judgment August 25, 1993. Result: This application is rejected. Cases Referred to- Saleh Steel Industries Ltd. Vs. TSS Pacific Abeto and others 35 DLR (AD) 188 Lawyers I...... of this Court. He read over to me the contract and submits that unless it can be shown the ship was in a distress situation and required salvage to save the ship or cargo on board the vessel and the life of the captain, master and crews of the ship there is no cause for salvage and the plaint is no..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......2] Judgment July 14, 1993. Result: The Rule is absolute in Criminal Revision No.1336 of 1992 The Rule is discharge in Criminal Misc. Case No.536 of 1992. Cases Referred to- Jahanara Begum allias Jotsna Rani Saha Vs. State and another, 15 DLR 148; Ananda Mohan Bana......numbered as Criminal Misc. Case No.477 of 1992. 6. The alleged victim girl also filed a petition on the same date, clearing that she is an adult and 20 years old and understands the realities of life and as such she should not be kept in judicial custody and should be allowed to go any where sh..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....ukat Ali Khan Vs. Government of East Pakistan, reported in 17 DLR 1 it was held by a Division Bench of the Dhaka High Court that "it is a clear mandate of the Constitution under paragraph (5) of Right 2, that when a person is detained in pursuance of an order under "any law" providing......me Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents
Judgment
July 14, 1993.
Result:
The Rule is made absolute.
Cases Referred to-
Mrs.Rowshan Bijaya Shaukat Ali Khan Vs. Government of East Pakistan, 17 DLR 1;Muhammad Hash......y in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with l..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 .............Appellants Vs. State....................................................Respondent Judgment July 8, 1993. Result: The appeal is allowed in part, dismissed relates to accused appellant,conviction and sentence are upheld, but the appeal is allowed relates to other ......id appellants along with 4 other accused namely A. Khaleque alias Khalekul Jamal, Islam and Abdus Sattar under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and acquitting the accused Shakina Bibi. 2. Prosecution case, in short, is that on 9.12.97..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......p;……………………Opposite Party Judgment May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj......vague and unregulated benevolence. He is to exercise discretion informed by tradition, methodized by analogy, disciplined by system and subordinated to the primordial necessity of order in the social life.” In the case of Bangladesh Vs. Abdul Wahab and others reported in 12 BLD 368 in Course o..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and other facilities in connec...... borne on the roll of the Advocates maintained by the Bangladesh Bar Council (Annexures 'A' and ‘A (1)' respectively). The petitioner has been involved in politics since his student life and he was elected Member of the Parliament in 1979, 1986 and 1988 and in the last election hel..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....owers to pass any order in the nature of an order under Article 199 of that Constitution on any question which it considers to be of public importance with reference to the enforcement of Fundamental Rights enshrined in Chapter 1 of Part 11 of that Constitution. Although such wide powers are not as ......tired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another................Re...... by the State but is an essential term and condition of their service and is paid on consideration of the obligation of the State not to leave its employees who rendered service in the useful span of life to penury in their old age and disability and infirmity of their body and mind. According to th..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ...............................Appellant Vs. Abdul Khaleque........................Respondent Judgment November 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC)......) on her to which Meher Negar replied, "yes". She (P.W. 4) stated that before the occurrence also the condemned accused used to mal‑treat Meher Negar. It is, thus, clear that the conjugal life of the deceased with the accused was not happy, that she used to be mal‑treated by the accuse..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......ip;……………………………Respondents Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive ......t graduate course obtaining Sword of Honour Cadet from OTS, Kohat and served with distinction in the Army from 1952 to 1968. The petitioner retired from the Army on medical grounds and entered public life and journalism. In 1969 he joined the Awami League and became its Secretary General in the Punj..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......M Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154......y on the same ground on the same fact which would not generally be undertaken if there is no compelling necessity to prevent person from committing similar prejudicial act affecting the even tempo of life, prejudicial to public safety and public order, law and order or prejudicial to the economic an..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..........Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. Harun‑ur‑Rashid ‑ For the Respondent No. 5. Wri......he Upazila Nirbahi Officer in course of his official duty after giving several opportunities to the petitioner to appear and that the Upazila Nirbahi Officer had normal official duty to safeguard the life and property of the public. 4. It is the further case of the contesting respondents that t..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......Respondents [Criminal Appeal No.8 of 1989]. Hamida Khatun................ Complainant-Petitioner Vs. Constable Lal Mia and others.........Respondents [Criminal Petiotion for Leave to Appeal No.91 of 88] Judgment May 14, 1992. Result The appeal is allowed. ......l Code and sentenced them thereunder to rigorous imprisonment for 7 (seven) year each, also convicted them under sections 304, part 1/34 Penal Code and sentenced them thereunder to transportation for life each and further convicted them under sections 325/34 Penal Code and sentenced them to rigorous..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......92. ......d respondent No.1 under section 302 of the Penal Code and sentenced him to death. Respondent No.2 Rahmat Ali was convicted under sections 302/114 of the Penal Code and sentenced to transportation for life. Five other accused were acquitted. 5. The prosecution examined fourteen witnesses and te..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......pellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ....................................peal, acquitting the two accused-respondents, who, along with another, had been convicted by the Additional Sessions Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Prosecution case arises from an incident in which Mofizuddin (deceased) Chairman of M..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......gladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Ban......e result of arbitrary action on the part of the Government in dealing with the property of a citizen. Such an action on the part of the respondent No.1 is deprecated whose sole duty is to protect the life and property of the citizen of a democratic polity. Therefore, in our opinion, the Court of Set..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
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