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Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....t has been held that: "An individual share-holder has no proprietary interest in the Company's property and its interests in his shareholding is not directly affected by the sale of the property-Right of action in case of loss of property belong to the board of directors, or the majority of the......: The Rules are made absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of the Bangladesh Constitution, which is dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) ......only in accordance with law, is the inalienable right of every citizen, where 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: Civil Law | Date: | Hits: 170
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......th observations.
Degree of disability of all injured freedom fighters is determined by a medical test in 2003 that reported the disabled freedom fighters were reclassified in six categories from A to F, wherein the disabled freedom fighters having 1-19% disability were placed in category “F”.......e honorarium/allowance which is being given to the petitioners is not at all sufficient to meet their necessity, whereas they are the persons who made this Country and did not fear even to loss their life for creation of this Country. So, the allowance as fixed by the impugned letter should be enhan..
Category: Civil Law | Date: | Hits: 104
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......t No.2 and sold the land to defendant No.2 by a registered deed No.6699 dated 25.11.68 and on the same date executed a registered compensation deed No.6700. Consequently the defendant No.2 during his life time had been living in the suit land by erecting houses and lived therein with his family and ..Category: Property Law | Date: | Hits: 112
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......s Association (BELA)...................Petitioner Vs. Bangladesh...................Respondents Judgment March 5, 17, 2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Fida M. Kamal with......s containing hazardous materials, there will be approximately 2200 single-hull oil tankers which will be ready for scrapping by the year 2010. It is accepted that sea-going vessels reach their end of life after 25-30 years. Unless they can be used for some other purpose, they are sold for dismantl..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......re, 1898 (Act No. V of 1898); section 144 & 145 No receiver can be appointed of the disputed property unless the proceedings under section 144 of the Code of Criminal Procedure are converted into one under section 145 of the Code...............................(4) Lawyers Involved: Md. M......minal Procedure may be quoted below verbatim:— "144. (6) No order under this section shall remain in force for more than two months from the making thereof; unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the Government, by notification in..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......……………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands dismissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Badshah Mollah, 9 BLD 257 = 41 DLR 11; ......ir rickshaw reached to the eastern side of the Jurain Bridge suddenly 2/3 persons being armed with dao, cheni etc came from behind a tree and after stopping their rickshaw and putting them in fear of life, the miscreants took away Taka 2,000 cash from a bag which was kept in P.W.4's waist and also w..Category: Criminal Law | Date: | Hits: 83
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ......………………….Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD......utshell are that on 16-04-1995 she was a married with the defendant, fixing dower at Tk.99,000/-. She was not taken to her conjugal home. She was staying at her parent's house wherein she led faintly life with defendant for about three/four months and their marriage was consummated. Sometime after m..Category: Family Law | Date: | Hits: 180
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ...... woman and as such signatures of the parties in the 'Kabinnama' are essential for proving marriage. No amount of oral evidence can cure the deficiency and no amount of oral evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged ma...... on 30-1-2004, in agreement of the guardians of both the parties a 'Kabinnama' of their marriage was registered fixing the Dower money at Tk. 2,00,001/- and the plaintiff started leading her conjugal life in the house of the defendant. Thereafter, the defendant received Tk. 2,20,000/- from the plain..Category: Family Law | Date: | Hits: 140
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......resent: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State......................Petitioner Vs. Md. Mobarak and others......................Condemned-prisoners Judgment October 19 & 20, 2008. Result: The Death Reference No.176 of 2004 is rejected. The connec...... With Jail Appeal No.294 of 2006 With Jail Appeal No.1338 of 2004 Judgment Sharif Uddin Chaklader J.- 5 accused-persons were sentenced to death. 8 were sentenced to imprisonment for life and 8 were acquitted by the learned Judge of Divisional Druta Bichar Tribunal, Chiuagong in Dru..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......nt or life imprisonment, courts require even a higher degree of proof and all material evidence particularly those in favour of the accused should be placed before the court. It is a course not obligatory on the public Prosecutor to examine any number of witnesses on the same point regardless of t......pondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burden of proof is that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particular..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......le is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appellate Court including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on bail if he is sentenced to suf......rt including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on bail if he is sentenced to suffer imprisonment for life. Court's discretion to enlarge a convict has not been clearly stated under the provisions of su..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......ct, 1878 (Act No. XI of 1878); section 14 There is nothing in section 14 of the Arms Act about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons c......er commits an offence under clauses a), (c) (e) or (f) section 19 shall, if the offence s committed in respect of a pistol, revolver, rifle, shotgun or other firearm be punished with imprisonment for life or rigorous imprisonment or a term which shall not be less than ten years." 19(f) of the Arm..Category: Criminal Law | Date: | Hits: 92
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ul Karim J ANM Bashir Ullah J State………………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of ......juries as one of the dacoit. The informant party had identified dacoit Delowar Hossain. Since 2 dacoits sustained bullet injuries they left the place of occurrence. The informant in order to save the life of his accompanying injured members went to Shaplapur gate where they did not find any doctor. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... The First Appeal No.182 and 183 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it......athered either from the plaint or from his deposition. If we consider the plaintiff's entire case make out in plaint and from his deposition then it stands as the Hindu community due to fear of their life in Pakistan, transferred their land to the Muslim like plaintiff and delivered possession. Plai..Category: Property Law | Date: | Hits: 83
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......………………………………………………………………..Respondent Judgment January 28, 2003. Result: The Criminal Appeal No.966 of 1993 is allowed. Cases Referred to- State Vs. Lalu Mia, 39 DLR (AD) 117; Sk Shamsur Rahman @ Shamsu Vs. State, 1990 BLD (AD) 251.......ned Court below found both the accused namely, Daud Ali and Rabi Biswas guilty of the offence under sections 302/34 Penal Code and accordingly convicted and sentenced each of them to imprisonment for life with fine of Taka 5000 in default to suffer rigorous imprisonment for 1 year more vide judgment..Category: Criminal Law | Date: | Hits: 93
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ........Opposite parties Judgment January 28, 2008. Result: The rule is discharged. Partition Suit In a Partition Suit disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plai......olved upon her full sister, thereafter Sakhina died leaving her daughter, plaintiff No.2 and thereafter Ziaullah died leaving one son Ilyasuddin and one daughter Meherunnessa and Elimuddin during his life time settled .66 decimals of land from plot No.1 and 2 of Ka schedule and Kha schedule properti..Category: Procedural Law | Date: | Hits: 115
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......peachable evidence, question of indicting or punishing an accused does not arise, Justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed. In appreciating the evidence of a prosecution witness the approach must be w......common sense and free from an over emotional response. …………………….(36) On homicidal deaths Chapter XVI of Penal Code deals with homicidal deaths and other offences affecting human life. Section 299 of Penal Code defines the offence of culpable homicide. This Section states when c..Category: Criminal Law | Date: | Hits: 98
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ...... the appropriate authority, namely, the SDO, the Government cannot keep the same on the plea that the same is abandoned property. Once the same is released the title vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his b......E, Mohammadpur, Dhaka was leased out to one Amir Hossain for 99 years by the Government of East Pakistan. Amir Hossain died on 27‑7‑70 leaving behind his only son Md. Ashraf Hossain, during his life time Amir Hossain inducted one Mollah Abdul Majid as bharatia. The said tenant left the case pr..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial review under the high prerogative writ jurisdiction which the High Court Division exerci...... they sold the land to raise some hard cash for various purpose and, as such, the order of cancellation is not on consideration of the fact that the vendor sold the same to meet the bare necessity of life owing to natural calamities. Thirdly, the respondent 1 failed to appreciate that the Board in i..Category: Constitutional Law | Date: | Hits: 222
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ....... Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of sections 386 and 387 of the Penal Code are confined to cases which remain only upto the stage of 'threat', but once the act of extortion is actually com......he learned Additional Sessions Judge, In Charge, First Court, Mymensingh convicting the appellant under section 387 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life. 2. Briefly stated, the prosecution case is that one Roger Austin lodged an FIR on 4-1-2003 ..Category: Criminal Law | Date: | Hits: 62
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