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Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ......Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. R......onal treaties are concerned, as has been stated by D.P. O' Connell in his book, 'The Law of State Succession' (1956) at page 32 in the following words: "A state which begins its life by breaking off from an older international person does so, speaking generally, unencumbered by..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......vince of East Pakistan 17 D.L.R. S.C. 629; P.L.D. 1966, S.C. 409 17 DLR (SC) 629, same case PLD 1966 S.C. 409; Ram Kirpal Shukul Vs. Massammat Rup Kuari, 11 Indian Appeals page 37; Hook Vs. Administrator General of Bengal and others, 48, Indian Appeal 187; A.LR. 1921 P.C. 11, T.B.; Ramachandra Rao a...... with that decision and if after a long lapse of time the said decision is sought to be upset in a subsequent proceeding between the same parties, it will have a great unsettling effect on our social life. In a proceeding under the constitutional provisions, things are not generally decided on evide..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......a Gazi, Kasem Dewan and Mafu alias Mafizuddin Oazi have been convicted by Mr. H. M. R. Siddique, Sessions Judge, Comilla, by his order dated 25-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is t......d Mafu alias Mafizuddin Oazi have been convicted by Mr. H. M. R. Siddique, Sessions Judge, Comilla, by his order dated 25-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chowkida..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
.... in the said decision that as the provisions of sections 4 and 6 of the Ordinance cannot be said to have imposed reasonable restrictions within the meaning of the 13th Fundamental Right of the 1962 Constitution of Pakistan, those provisions are liable to be declared void and in t......................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial Department, 17 DLR 451;State Vs. Dosso, 11 DLR (......cause of the legislative incompetence of the Legislature concerned if the Legislature suffers from an inherent lack of power to enact the law, that law would be void ab initio and it cannot come into life without being re-enacted, 19. It may be stated that in the Md. Mehdi Ali Khan Panni's ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ......p;…………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust and others,16 D.L.R. (Dacca) 537. Lawyers Involve...... bills etc. of the said holding. He was constantly living in the holding in question with the members of his family since 1963 till 29th March, 1971 when be had to leave his residence for fear of his life and also of the members of his family, as the locality was overwhelmingly inhabited by the Biha..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 .......................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is discharged. Case Referred to- Kant Ram Sil and another Vs. Sumitra Devi and others, 16 DLR Dacca 272; Serbeshwar Das Moha......lication, and contended, inter alia, that Tea Estate in question belonged to Mr J. A. Ferguson who left the defendant No. 1. a daughter and the defendant No. 4 she wife, as his heirs, that during the life time of Mr. Ferguson, M/s. National ant Giindlay Bank Ltd. Chittagoug used to finance the tea g..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ......another…................Appellants Vs. State..............................Respondent Judgment August 7, 1970. Result: The Appeal is allowed. Cases Refereed to- Khairdi Khan and others Vs. The Crown, 5 DLR (FC) 185. Lawyers Involved: M Rahman......rity opinion of the assessors in respect of the two appellants convicted them of the offence under sections 148 and 302/149 of the Pakistan Penal Code and sentenced each of them to transportation for life. The learned Additional Sessions Judge agreeing with the unanimous opinion of the assessors acq..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....r Vs. Abdul Aziz and others…………….Opposite Parties Judgment February 9, 1982 Result: This Rule is made absolute Hindu women's Right to Property Act (XVIII of 1937); Section 3 State Acquisition and Tenancy Act (XX VIII of ...... Vs. Abdul Aziz and others…………….Opposite Parties Judgment February 9, 1982 Result: This Rule is made absolute Hindu women's Right to Property Act (XVIII of 1937); Section 3 State Acquisition and Tenancy Act (XX VIII of 1951);......ight to Property Act (XVIII of 1937); Section 3 State Acquisition and Tenancy Act (XX VIII of 1951); Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, wit..Category: Property Law | Date: | Hits: 3
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......ip;…………………………..Respondent Judgment November 2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is ......appellant Majibur Rahman Gazi is a young man of 35 years of age and that initially he had no premeditation to murder, ends of justice would be substantially met if he is sentenced to imprisonment for life……………..(20) Lawyers Involved: S.A. Hasan, Assistant..Category: Criminal Law | Date: | Hits: 2
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......For the petitioner. Anwarul Huq Chowdhury with M.M. Hague —For Respondents. Writ Petition No. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made w...... the order of detention under rule 5(1)(a) that detention is necessary because for preventing the detenu from acting in manner prejudicial to the maintenance of supplies and services essential to the life of the community and also from prejudicing the economic and financial interest of the State. At..Category: Criminal Law | Date: | Hits: 1
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......nal Abedin…………………………..Petitioner Vs. State…………………………Respondent Judgment May 5, 2011. Result: The Rule is discharged. Cases Referred to- SM Kamal Vs. State, 6 BLC 113; Nizam Hazari Vs. State, 53 DLR 475; SM Kamal Vs. State, 6 BLC ......s an offence under Clauses (a), (c), (e) or (f) of section 19 shall, if the offence is committed in respect of a pistol, revolver, rifle, short gun or other firearms be punished with imprisonment for life or rigorous imprisonment for a term which shall not be less than seven years." In the above ..Category: Criminal Law | Date: | Hits: 36
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......03 is rejected. The Jail Appeal No.361 of 2003 is dismissed. The Criminal Appeal No.2140 of 2003 and Jail Appeal No.497 of 2003 are allowed. Lawyers Involved: Md. Mozammel Huq, Deputy Attorney-General with Md. Iqbal Hossain, Assistant Attorney-General with Mahfuza Begum, Assistant Atto......esponding to Kanaighat Police Station Case No.1(3)95 convicting the appellants under sections 307/34 of the Penal Code and sentencing them and another thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 20,000 (Twenty thousand) in default, to suffer further rigorous impri..Category: Criminal Law | Date: | Hits: 24
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ...... Haque J Yunus Ali and another.....................Appellants Vs. State ………………..Respondent Judgment March 27, 2008. Result: The appeal is dismissed. Cases Referred to- MM Rafiqul Hyder Vs. State, 41 DLR 274; State Vs. Ershad Ali Sikder, 56 DLR 185; Md. Abdus Sa......of being used or knowing or having reason to believe that it is intended to be used, for counterfeiting any currency note or Government stamp, shall be punishable with death, or with imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years and shall also be l..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......n) Present: Nozrul Islam Chowdhury J Jahangir Hossain J Ashek Ali (Md.) and others……………Appellants Vs. Abdul Gaffar & others……………Respondents Judgment October 27, 2010. Result: The appeal is allowed. Cases Referred to- Ghulam Muhd. Shah Vs.......lease deed was executed in favour of Nazar Ali by the Ministry of Works and the agreement for sale was made only after obtaining letter of allotment from the authority concerned; Nazar Ali during his life time could not execute and register the deed of transfer in favour of Jahanara in view of absen..Category: Civil Law | Date: | Hits: 133
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ............Respondents Judgment June 24, 1996. Result: The Rule is made absolute in Writ Petition Nos.757/1993, 758/1993, 759/1993, 760/1993, 762/1993, 763/1993 and 764/1993. Cases Referred to- Gujrat State Financial Corporation Vs. M/s. Lotus Hotels Pvt. Ltd. AIR 1983 (SC) 848; MP Suga......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: Employment/Service Law | Date: | Hits: 72
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ...... MR Hasan J Bayazid (Md.) ……………….Petitioner Vs. State ………………..Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute. Case Referred to- 60 DLR 629; 55 DLR (AD) 33; 60 DLR (AD) 147; ASS Mohammad Ali Vs. State, 35 DLR (AD) 324; Md.......er of grave concern both locally and globally. Unless its eradication can be ensured before being too late, it is bound to halt the progress planned by the governed and also to affect every sphere of life. More apt observation may be noted from the Judgment delivered by his Lordship Justice Mr. Dora..Category: Anti-Corruption Laws | Date: | Hits: 44
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... The State…………………………………………………………………………..Respondent Judgment November 28, 2006. Result: The appeal is allowed. Cases Referred to- State Vs. Azahar Gazi, 23 DLR 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9......tence dated 26.8.2001 passed by the Additional Sessions Judge, Madaripur convicting the accused-appellant under section 302/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 months more ..Category: Criminal Law | Date: | Hits: 43
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ...... Md. Nur Hossen…………………….Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 ......isonment in cases where convicts are in custody.- Where a person is in custody at the time of his conviction and the offence for which he is convicted is not punishable with death or imprisonment for life, the Court may in passing the sentence of imprisonment, take into consideration the continuous ..Category: Criminal Law | Date: | Hits: 77
Category: Environmental Law | Date: | Hits: 434
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.178 of 2009. (From the judgment and order dated 27th July, 2008 passed by the High C......al Sessions Judge, 2nd Court, Rangpur in Sessions Case No.83 of 2002 convicting the petitioners under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The facts leading to filing of the instant leave petition are that one Md. Ranga Miah, b..Category: Criminal Law | Date: | Hits: 60