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Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....ivision to alter the conviction of the appellant The High Court Division is expected to be careful while exercising its power on the question of conversion of the conviction of any accused. Since the state has taken no exception against the conversion of the con­viction, Appellate Division feel ......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....ontra­vention of any other law for the time being in force or is otherwise invalidate............. (77) No bar in according sanction by the Administrator of Waqfs to the mutawalli of a waqf estate to transfer its immovable property by way of sale, gift, mortgage or exchange. Transfers ......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)

....xisting first wife. 6. The evidence on record transpires that P.W.6 is an eye-witness, who was allegedly present at the time of solemnization of the second marriage in question. In his evidence he stated that amongst others Moulana Mohammad Shafi was also present at the time of marriage. P.W.5, t......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....daha Thana, was entrusted with the task of investigation of the case. During the investigation, he examined five witnesses including deceased's father and deceased's mother and recorded their statements under section 161 of the Code of Criminal Procedure. 5. The investigating officer up......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....ondent Nos.2, 3, 5-10 as defendant Nos.1, 2 and 6-11. Brigadier General M. Atiqur Rahman (since dead), father of the present petitioners was impleaded as defendant No.3. 3. In the plaint, it was stated, inter alia, that the plaintiff entered into an agreement with defendant No.2 to purchase a f...... 6, 7 and 8 from the project by force and did not allow them to continue with the project and gave the charge to complete the unfinished work of the project to defendant No.9. That being the state of affairs, the plaintiff became frustrated and started looking frantically for defendant Nos.1, 2, 6, ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)

.... 11. It appears that both the witnesses deposed in very brief and abstract manner without mentioning the names of the appellants or specifying the time, space and manner of occurrence. The informant stated only that the occurrence took place on Friday at about 10 o’clock, and did not state anythi......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..

Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155

Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)

....l these CR cases in order to secure the trial of the accused-petitioner for committing the offence punishable under section 138 of the Negotiable Instruments Act, 1881. 4. On recording the initial statement of the complainant under section 200 of the Code of Cri­minal Procedure the learned Magis......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..

Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

.... of by the single judgment impugned herein. Hence, both the appeals were heard by this Division simultaneously and are disposed of by this judgment. 3. The facts leading to the litigation may be stated briefly as follows: The plot of land in dispute measures one bigha ten kathas, and five ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)

...., in short, was that the suit jote recorded in C.S. Khatian No.106 of mouza Arulia, District-Bogra was recorded in the name of Syed Altaf Ali Chowdhury the matwalli of Syeda Jabedun Nesa Chowdhurani Estate and others in dif­ferent shares. That in the remark column against the suit plot No.1029 o......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....the earlier have till recently been receiving. 3. It is beyond qualm that there are certain diseases which can not be properly and adequately attended to in Bangladesh. Truth has it that many state functionaries, even those who are inferior to SC judges in the warrant of precedence, are bei...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....erson, perused the leave petition, the impugned order passed in Review Petition No.58 of 2010 and the judgment passed in Civil Petition for Leave to Appeal No.1484 of 2006. 4. From the facts as stated in the leave petition, it appears that the present petitioner filed Writ Petition No.9985 of ......purview of review; moreover, it was very difficult “to make meaning out of the grounds”; the petitioner had been filing one application after another relating to his alleged extra martial affairs with respondent opposite party No.5, Zeenat Sharmin Anny who is the wife of another person; ..

Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92

Anti-Corruption Com­mission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)

....Record as caveator for the accused-respondent. 6. It is an admitted fact that after examination of 23 prosecution witnesses, the case was fixed for examination of the defence witnesses. From the statements made in the application under section 526 of the Code, it appears that the remark/comment......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..

Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179

Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)

.... and the land of the pre-emptors. The learned Counsel has contended that all the courts below have failed to consid­er and evaluate these evidence and materials properly; the learned Advocate has stated also that in the trial court, at the instance of this present petitioner, a local investigati......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..

Category: Property Law | Date: 2 Jan, 2012 | Hits: 89

Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)

....f 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. The facts relevant for disposal of the Rule are briefly stated below. An Inspector named Abu Sayed Khan of the District Anti-Corruption Bureau, Munshig......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..

Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80

Somed Ali Vs. State, 2011, 40 CLC (AD)

.... the Sessions Judge, Hobiganj along with 9 (nine) others and was charged under section 302/34 of the Penal Code to which he pleaded not guilty and claimed to be tried. 3. The prosecution case as stated by P.W.1, the informant (hereinafter referred to as the P.W.) is that Anguri Khatun, his daug......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..

Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27

Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)

....nal Code and sentencing him to suffer rigorous imprisonment for one year with a fine of Taka 6,800 in default to suf­fer rigorous imprisonment for two months more. 2. The prosecution case as stated in the First Information Report (FIR), in brief, is that, on 11-2-2003 the Upazila Project Im...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ..

Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

....required for the cause of justice. In the instant case where investigating officer, Mr. Monirul Haque without collecting evidence required by law, simply recommended for discharge on the basis of the statements of the accused persons, recorded under section 161 of the Code of Criminal Procedure wher...... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96

Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)

....ation (BJMC) i.e. the present appellant to have been issued without lawful authority and is of no legal effect and as to why a direction in the nature of mandamus should not be issued to BJMC to re-instate him in his service without unavoidable delay. The Rule was issued in the terms of the prayer. ...... the service of the petitioner was transferred to disinvested Jute Mills in spite of being an Officer of BJMC. The management of the disinvested Jute Mills, Alhaj Jute Mills, totally mis­managed the affairs of Jute Mills and they being unable to run the same gave sub-lease. The disinvested Jute Mil..

Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152