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Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......328 of 1994 allowing the same. 2. Facts necessary for disposal of this peti­tion are that respondent Nos. 1-4 as plaintiffs filed Other Class Suit No. 167 of 1990 in the Court of Subordinate Judge, First Court, Chittagong for the following reliefs: “ক) বাদীগণ ১৬..

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ......ourt of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ......attar, the original allottee under the Muslim Personal Law and he also obtained a succession certificate on 14.04.1979 in Succession Certificate Case No. 241 of 1979 from the 3rd Court of Subordinate Judge, Dhaka for the purpose of recovering loan money left by Syed Abdus Sattar from one Md. Nazrul ..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......ka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ......ereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ...... Present: Md. Ashfaqul Islam J Kashefa Hussain J Abdul Monayem Lili…………………………….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 2015. ..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ......rman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......been directed against the judgment of conviction and sentence dated 19-4-2012 passed in Nari-o-Shishu Case No. 3 of 2003 arising out of Khoksa Police Station Case No. 3 dated 13-9-2002 by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, (for short, the tribunal) convicting the appella..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......en for dowry, causing rape to death of women, attempts to causing death or causing grievous hurt in committing rape to women and abetement of those offences are included as schedule offence under the Special Powers Act, 1974. This piece of legislation is followed by another legislation namely, Nari-......eeting that ‘judicial studies should be supplemented by criminological ones. The study of criminal psychology and penology should be obligatory for all who wish to judge in criminal cases. Such Judges should have a full knowledge of prisons and similar institutions and should visit them freque..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......en for dowry, causing rape to death of women, attempts to causing death or causing grievous hurt in committing rape to women and abetement of those offences are included as schedule offence under the Special Powers Act,1974. This piece of legislation is followed by another legislation namely, Nari-O......eeting that ‘judicial studies should be supplemented by criminological ones. The study of criminal psychology and penology should be obligatory for all who wish to judge in criminal cases. Such Judges should have a full knowledge of prisons and similar institutions and should visit them freque..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ......(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ......repared and published in the name of the petitioners, they filed Title Suit No. 191 of 2005 for correction of the said record-of-rights and some other ancillary reliefs in the Court of Joint District Judge and Arbitration Court, Dhaka wherein they got decree as prayed for vide judgment and decree da..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......st the judgment and order dated 31-8-2005 passed by the High Court Division in Criminal Appeal No. 2528 of 1997 setting aside the judgment and order dated 15-10-1997 passed by the Additional Sessions Judge, First Court, Sylhet, in Sessions Case No. 43 of 1993. 2. The short facts, for the dispos..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ...... Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......ication. 16. The only question is whether the law is so helpless as to be unable to give effect to the decree passed by the court. The law is not help­less. This court finds that the learned Judge of the Artha Rin Adalat construed the decree in the light of admitted fact that the property s..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ুলিশ, ঢাকা ফান/ফ্যাক্স-৯৩৩৭১৬২, ডিএমপি-২২৪৭৮। (emphasis supplied)   9. In reply to this letter, the Special Branch of Police Headquarters, Dhaka informed the police headquarters that the Special Branc......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)

....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......is Rule was issued calling upon the oppo­site party to show cause as to why the impugned judgment and decree dated 18-3-2014 (decree signed on 25-3-2014) passed by the learned Additional District Judge, 7th Court, Dhaka in Title Appeal No. 183 of 2011 dismissing the appeal and affirming those da..

Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

.... Chandgaon Police Station Case No. 14 dated 5-9-2010 and ACC GR Case No. 23 of 2010 under sections 409/109 of the Penal Code read with section 5(2) of the Act II of 1947, pend­ing in the Court of Divisional Special Judge, Chittagong. 3. Facts of the case, in a nutshell, are that, the Anti-C...... for Leave to Appeal No. 663 of 2014: This Criminal Petition for Leave to Appeal is directed against the judgment and order passed in Criminal Miscellaneous Case No. 20624 of 2013 arising out of Special Case No. 38 of 2012 corre­sponding to Chandgaon Police Station Case No. 14 dated 5-9-201......tation Case No. 14 dated 5-9-2010 and ACC GR Case No. 23 of 2010 under sections 409/109 of the Penal Code read with section 5(2) of the Act II of 1947, pend­ing in the Court of Divisional Special Judge, Chittagong. 3. Facts of the case, in a nutshell, are that, the Anti-Corruption Commissio..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......evision No. 357 of 2013 before the High Court Division under section 10(1A) of the Criminal Law Amendment Act, 1958 chal­lenging the order dated 4-9-2013 passed by the learned Metropolitan Senior Special Judge, Dhaka in Metro Special Case No.138 of 2012 arising out of GR No. 88 of 2011 correspon...... judgment and order dated 20-2-2014 passed by a Division Bench of the High Court Division in Criminal Revision No. 357 of 2013 summarily rejecting the application by the majority views of the learned Judges. 2. The accused-petitioner, Mafruza Sultana, filed Criminal Revision No. 357 of 2013 bef..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......ndignation, that the statutes of none of the modern UN sponsored war crime tribunals, such as International Crimes Tribunal for former Yugoslavia (ICTY), International Crimes Tribunal, Rwanda (ICTR), Special Court for Sierra Leon (SCSL), Special Tribunal for Lebanon and International Criminal Court ......ent that a crime is an act that is deemed by law harmful not merely for the individual victim but for the society as a whole, has althrough been adhered to by the authorities, the legislators and the Judges in India. LORD MACAULAY ON DEATH SENTENCE 47. Lord Macaulay stated, “Fir..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

....shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ...... No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ......shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

.... the amendment relates to two new provisions. 'one is that if, on the expiry of the period of a mortgage, the mortgagee does not restore possession of the land to the mortgagor, then the Sub-Divisional Magistrate shall on an application by the mortgagor, restore possession to the mortgagor ......nha, J and Md. Abdul 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) 5. ......decreed the suit by its judgment and decree dated the 24th day of March, 1964. 43.The appellant herein who was defendant No.1 took an appeal being Other Appeal No.168 of 1964 before the District Judge, Chittagong. The learned Subordinate Judge, who heard the appeal by his judgment and decree da..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ...... is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......ceeding of Sessions Case No. 2452 of 2013 arising out of CR Case No.781 of 2013 under sections 138/140 of the Negotiable Instrument Act, 1881 now pend­ing before the learned Metropolitan Sessions Judge Court, Chittagong by respondent No. 3 in addition to Artha Rin Suit for recovery of loan amoun..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......) impris­onment for life along with a fine of Taka 50,000 (Taka fifty thousand) only and in default of payment of fine to suffer rigorous imprisonment for 5(five) years more passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal No.1, Lalmonirhat against the accused-petitioner under ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18