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Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ................................Petitioner Vs. Momtazul Islam and others.........................Respondents Judgment May 12, 2014 Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out i......n Bhuiyan, Hossain Uddin Bhuiyan, Ali Azam and Abdul Aziz Bhuiyan by his 1st wife and other 2 sons, namely, Ibrahim Bhuiyan and Abdul Jabbar Bhuiyan by his 2nd wife. Alimuddin Bhuiyan during his life time distributed his property amongst the aforesaid 7 sons by a registered deed of gift dated 2..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......e and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh & others, 50 DLR (AD) 82; Maulana Kazi Moham......; 20. In our constitutional dispensation safeguard against abuse of power is more comprehensive and even wider than the due process clause of American constitution inasmuch it is not confined to life, liberty and property only and encompasses the ‘whole range of human activity and attract..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......positive evidence, (2970 P Criminal LJ 166)….53 Credibility of witness whether oral and circumstantial, credibility of testimony depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When dealing with the serious question of guilt or innoce......appellant under section 5(ক) of the Nari-o-Shishu Nirjatan (Bishesh Bidan) Ain, 1995 (briefly as Ain 1995) and sentencing him under Clause (ঈ) of the Ain 1995 to suffer imprisonment for life and also to pay a fine of Taka five thousand in default to suffer rigorous imprisonment for one..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
..........Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and not kno......tate institutions and no effective measures could be taken against the evil we find no logic in declaring crusade against an MLSS who needs the job for bare survival not for pomp and grandeur in life raising the trifling question of genuineness of her VIII pass Certificate,
13. As th..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......eal No.12/05] VS. Md. Faiz and others ….......................Respondents (In all cases) Judgment March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, Hig......e public. We must bear in mind that the public crave for information and hence the development of the media. The public are certainly entitled to receive information regarding all aspects of everyday life which affect them, be it in relation to commerce, industry, foreign affairs, the justice system..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
State Vs. Arman, 2014, 43 CLC (AD)
....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ............................Respondents Order March 9, 2014. Result: This petition is disposed of. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Madhu Malati Chy Barua, Advocate-on-Record—For the Petitioner. ......there appear reasonable grounds for believing as visualized in prohibitory part of section 497(1) of the Code. Grant or refusal of bail in respect of an offence punishable, with imprisonment for life is essentially a question of fact in each particular case and there cannot be any fixed fo..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......te................................................Respondent Judgment February 13, 2014 Result: The petition for leave to appeal is dismissed. The accused-petitioners having no morality could dare to sell the ......Nirjatan Daman Case No.150 of 1999 convicting the accused-appellants under section 8(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka.5,000 each, in default, to suffer imprisonment for 1 (one) year ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
....also Reported in: 67 DLR (HCD) (2015) 191
......s
Vs.
Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others..............Respondents
Judgment
January 30, 2014.
Result:
The Rule is made absolute.
Case Referred to-
Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer......rupt. We hold that the provision suffers from the vice of classifying offender differently for treatment thereunder for inquiry and investigation of offences, according to their status and/or rank in life. Every person accused of committing the same offence is to be dealt with in the same manner in ..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... 61. A right is a protection that cannot be taken away, but a privilege is different. They generally are limited in scope, and can sometimes be overborne or waived by other considerations. Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the f...... AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the cases) Judgment&nb...... The Tribunal convicted the petitioner in respect of charge Nos.1, 2, 3, 5 and 6 and sentenced him to 15 years rigorous imprisonment in respect of charge Nos.1, 3 and 5 and imprisonment for life in respect of other counts. It, however, found the petitioner not guilty of charge No.4 an..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ...... Huda Jaigirdar J Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (...... the assessee) is the elder son of Late Alhaj Golam Mowla. Alhaj Golam Mowla had died on 19-5-1999. Late Alhaj Golam Mowla, father of the assessee-applicant, was not an income tax assessee during his life time. The Assistant Commissioner of Taxes, Survey Circle-2, Chittagong (the ACT, in brief), suo..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......ellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal is dismissed by majority decisions. Case Referred to- State of Punjab Vs. Jagir Sing; SCC (1974) PP 285-286 and Md. Abdul Hamid Mollah Vs. Ali Mo......aman (Bishesh Bidhan) Ain, 1995. Upon finding the two accused persons guilty as charged, the learned judge of the Nari-o-Shishu Nirjaton Daman Bishesh Adalat sentenced them to suffer imprisonment for life and also to pay a fine of Taka 5,000 each, in default to suffer rigorous imprisonment for 1 (on..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......maat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, ......ied and eliminated the intellectuals and professionals who were capable of giving leadership fledgling nation and capable of creating 'the human infrastructure' of a nation at every sphere of life and perpetuated other gruesome acts, atrocities and unleashed a systematic reign of terror, thr..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....s petitioners seeking enforcement of fundamental and other rights of the helpless victims of public wrong and public injury. Down the line came the famous cases like People's Union for Democratic Rights Vs. Union of India; Olga Tellis Vs. Bombay Municipal Corporation; Vellore Citizen's Welfa......maat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, ...... Vs. Union of India; MC Mehta Vs. Union of India; Paramanand Katara Vs. Union of India; Banwasi Sheba Asram Vs. State of UP and many others. All these cases are someway or other relatable to right to life of the vulnerable section of the population. In the People's Union for Democratic Rights Vs..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: .....................Respondent Judgment July 23, 2013. Result: The appeal is allowed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Appellant. Shohrowardi, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record-For Respondent. Criminal Appeal No.51...... the sentence of accused appellant Mati alias Md. Matiar Rahman to suffer rigorous imprisonment for 20 (twenty) years under the first part of section 304 of the Penal Code instead of imprisonment for life under section 302/34 of the Penal Code. 2. An incident took place on 27.11.1985 at about 2...Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......ip;……..Respondents Judgment June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this constriction, question of benefit of doubt favors the accused ......itan Sessions Judge, Fifth Court, Dhaka in Sessions Case No. 1215 of 2002 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and pay fine of Taka 10,000, in default, to suffer rigorous imprisonment for one year more. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ...... DLR (HCD) (2014) 207 ......ent and take steps for selling of the same on auction and then to proceed against his body for realization of the decreetal amount. 5. The body of a human being is the most valuable thing in his life. Even the Artha Rin Adalat Ain, 2003 has recognized that and, accordingly, made provisions unde..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ...... May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants were inducted into possession in to the suit land Am...... family members used to visit the dwelling hut casually from time to time and under above facts and circumstance Fazlar Rahman allowed his younger brother Ator Ali to live on the suit land during his life time. Fazlar Rahman also asked his sons and daughter not to disturb Ator Ali to live on the sui..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... Judgment April 3, 2013. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order......guilty of the offence punishable under section 302 of the Penal Code and awarded capital sentence since there was no extenuating circumstance to award alternative sentence like imprisonment of life. 12. Then convicted appellant sought to have this Jail Appeal before this Division and le..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......eal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence of death to imprisonment for life....... (17) Lawyers Involved: Momtazuddin Fakir......d. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence of death to imprisonment for life....... (17) Lawyers Involved: Momtazuddin Fakir, Additional Attorne..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......llip;………………………………………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain a......ull & Engineering, Electrical Powers Generation & Distribution, Auxiliary machinery, NBCD, Fire Main System etc. c. Seamanship Gears, Riggings, Deck fittings, anchor, cables, davit, boat life saving & diving quipment and helicopter etc. d. Stores & Amenities, kitchen wears,..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
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