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State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......8 (appellant-Shahidul) and Criminal Appeal No.1247 of 2008 (appellants-Rokeya Begum and another) and Criminal Appeal No.1284 of 2008 (appellant-Nazma Sarker @ Beauty) are dismissed. Cases Referred to- State Vs. Md. Abdur Rashid, 1987 BLD (AD) 73; R.V. Mannu 1909 All 390 FB AIR 1917 P.C. 25; St......o of the fact that she had no initial motive to kill the victim as well as of the long detention of Rokeya, Shahidul and Kamal in the condemned cell their sentence may be commuted to imprisonment for life instead of death. 11. Mr. Monsurul Haque Chowdhury, the learned Advocate appearing for the c..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ...... 1998. Criminal Revision No.415 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why judgment and order dated 5‑7‑1987 passed by the Additional Sessions Judg......ade of wire, accused Darag Ali, and accused Shafiullah also assaulted him when he went to save the victim. On seeing the assault those persons who came to settle the matter left the place for fear of life. On hearing cries from them their mother P.W.2 Saleha Khatun, brother's (victim) wife P.W.3 Fat..

Category: Criminal Law | Date: | Hits: 76

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... as a national collaborating center of the International Occupational Safety and Health Information Centre (CIS) of International Labour Organization (ILO). 4. Added co-petitioner No.3, Safety and Rights Society, is a Society registered under the Societies Registration Act, 1860. It was establish......in J Gobinda Chandra Tagore J Bangladesh Legal Aid and Services Trust (BLAST)………………….Petitioners Vs. Bangladesh and others…………………..Respondents Judgment October 13, 2010. Result: The Rule is made absolute. Lawyers Involved: Tanim Hossain Shawo......n 8-12-2007 at midnight resulting in the death of several construction workers. The report of this incident was widely published in different dailies and it was criticized by people from all walks of life. Following this incident, petitioner No.1 undertook an investigation with a view to probing int..

Category: Labour and Industrial Law | Date: | Hits: 163

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......i and another.........................Condemned Prisoner Judgment November 4, 2008. Result: The Death Reference No.28 of 2005 is rejected with modification of sentence. Cases Referred to- Ismail Barker Vs. State, 33 DLR 320. Lawyers Involved: Mrs. Umme Kulsum Begum, Deputy A......the provision of law under section 302 and 34 of the Penal Code which are as follows- "Section 302. Punishment for murder.- Whoever commits murder shall be punished with death, or imprisonment for life and shall also be liable to fine." "Section 34. Act done by several per­sons in furtherance..

Category: Criminal Law | Date: | Hits: 106

Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)

....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Most. Mazeda Begum and others…………………………Opposite Parties Judgment August 18, 2009. Result: The Rule is discharged. Case Referred to- Md. Abdur Rahim and others Vs. Sree Sree Gredhari Jeo, 27 DLR 72. Lawyers Involved: Md.......is contentions he refers the case of Md. Abdur Rahim and others Vs. Sree Sree Gredhari Jeo 27 DLR 72 held: "S.48 of the C.P. Code provides the maximum of 12 years during which a decree retains its life of excitability whereas article 182 of the Limitation Act provides a period of 3 years from the..

Category: Limitation Law | Date: | Hits: 147

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....that the CHT Peace Accord was framed in conformity with the Constitution and is in har­mony with Bangladesh's international treaty obligations under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the ILO Convention on In......s) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of 2007 is discharged. Cases Referred to- Indra Sawhney Vs. Union of India, AIR 1993(SC) 477; Rangamati Food Products Ltd. Vs. Commissi......lem that had haunted the nation, for a long time. If sustained, there was hope for the peaceful co-existence of the tribal and non-tribal people, which would allow the tribesmen to preserve their own life and culture." 15. Therefore, as part of and in evidence of the latest phase in apolitical ar..

Category: Constitutional Law | Date: | Hits: 314

Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)

....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ...................Opposite party Judgment January 25, 2011. Result: Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate- For the petitioner Md. Moniruzzaman, Assistant Attorney General with Kazi Mahmudul Karim, Assistant Attorney General -For the opposite party. &n......which he is charged. 9. There was no legal or moral compulsion to keep the accused in detention merely on the allegations that he has committed an offence punishable with death or imprisonment for life. If he is granted bail the ultimate conviction of accused after conclusion of his trial can rep..

Category: Criminal Law | Date: | Hits: 98

Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......ellaneous Case No.4266 of 2009. Judgment Quazi Reza-ul Hoque J.- On an application under section 561A the Code of Criminal Procedure 1898, this rule was issued calling upon the opposite-parties to show cause as to why the proceedings of Complain. Case No.7404 of 2008 dated 15-12-2008 under Sec......mplainant-opposite-party No.2 and witnesses have every right to have copies of the said MoU. When the complainant-opposite-party No.2took initiative to get a copy of the said MoU, fear­ing threat to life and security, a GD Entry was lodged with the Motijheei P.S. 6. The MoU contained in its clau..

Category: Criminal Law | Date: | Hits: 100

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......haklader J AKM Abdul Hakim J Ms. Nurunnahar Begum…………………………Appellant Vs. Sheikh Moqbul Ahmed and others………………………………Respondents Judgment October 21, 2009. Result: The appeal is allowed. Lawyers Involved: Fazlul Karim, Advocate ......wer, singer machine and other movables of the family were not purchased by the deceased and these movable properties hav­ing been purchased from the own money of the opposite party during the family life with deceased, these articles are of the opposite party. She further stated that, dower money o..

Category: Civil Law | Date: | Hits: 136

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......€¦â€¦â€¦.Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State......e are of opinion that the two decisions cited above and the decision of the Appellate Division are applicable in the instant case. Therefore, we are of opinion that the sentence should be commuted to life imprisonment. 40. Accordingly, the Death Reference is rejected. The conviction of condemned ..

Category: Criminal Law | Date: | Hits: 131

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......tioner Vs. State, represented by the Deputy Commissioner, Dhaka………………………Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997)......s between the petitioner and police officers including those of the CID and on every occasion they threatened the petitioner to teach a good lesson which, according to them, she would never forget in life. On 12‑10‑96 on search the law enforcing agencies seized one licensed pistol belonging to t..

Category: Criminal Law | Date: | Hits: 107

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... 424 of 2001 and Jail Appeal No.540 of 2001 are allowed. Lawyers Involved: S. M. Rezaul Karim with Mohammad Noor Hossain - For the Condemned Prisoner and Appellants. Golam Kibria, Deputy Attorney-General with Moklesur Rahman Zahid, Assistant Attorney-General - For the State. Death Refe......l Sessions judge also convicted and sentenced the convict appellants Saiful and Rubi Begum @ baby under section 302/34 of the Penal Code and sentenced each of them to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000/00 in default to suffer R.I. for one year who also preferred Cr..

Category: Criminal Law | Date: | Hits: 94

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......he same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......cluding the power to grant relief in a case as this, is controlled by statute and is intended to see a company through from its creation to its extinction as well as to see the company though any mid-life crises. That view appears also to have been endorsed by the Delhi High Court, In re Kare P. LTD..

Category: Company Law | Date: | Hits: 177

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......oving the guilt of the accused beyond all reasonable doubts always rests on the prosecution and on the failure, it can not fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon………………(25) Burden of Proof in a Criminal Trial The ......96 passed by the learned Sessions Judge, Bogra in ses­sions case No.70 of 1994 in convicting the accused under section 302 of the penal Code and sentencing him there under to suffer imprisonment for life and to pay a fine of Taka 1000/- in default to suffer rigorous imprison­ment for 2 (two) month..

Category: Criminal Law | Date: | Hits: 108

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ...............................Appellant Vs. Shubhadra Bachar & others..........................Respondent Judgment March 23, 1983. Result: The appeal is dismissed. Cases Referred to- 29 DLR pages 6 and 239; 21 DLR, page 673; 17 DLR page 729, 28 DLR page 421, 29 DLR (SC) 268; ......mprising an area of 3.14 acres of land belonged to plaintiff's brother Jadab who died 20 years ago leaving behind his widow Jatri, an unmarried daughter Shubhadra was inherited by his widow Jatri for life time and this land were manged by the plain­tiff on behalf of the Jatri who gave the usufr­uc..

Category: Procedural Law | Date: | Hits: 81

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ......Secretary, Ministry of Home Affairs  and others………………………………………..Respondents Judgment April 3, 1997. Result: The Rule is made absolute. Cases Referred to- SLM Nurul Huq Vs. State, 33 DLR (AD) 141; Ram Milen Vs. Bonsilal, AIR 1958 (Madhya Pradesh) 2......al Martial Law Court No.2, Bogra by Judgment and order dated 16‑2‑83 convicted 9 of the accused persons under sections 302/109 of the Penal Code sentencing each of them to suffer imprisonment for life and acquitted the remaining 13 accused persons including petitioner Abdur Rahman. Thereafter, t..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ......vironment and Forest and 18 others……………………..Respondents Judgment September 9, 2010. Result: The Rule is made abso­lute with directions and observation. Cases Referred to- Neal Ali Vs. Government of Bangladesh, represented by the Secretary, Ministry of land and oth......No.9 that the land in question is covered by the said notification cannot be ignored in the context of other circumstantial evidences and documents that were produced during the hearing. 38. Human life and property is much more precious than the immediate commercial benefits. The ship breakers ha..

Category: Environmental Law | Date: | Hits: 891

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......er……………………Petitioners Vs. State and another……………………Opposite Parties Judgment February 24, 2008. Result: The Rule is made absolute Cases Referred to- Nagendra Chandra Barker Vs. Aftabuddin, 44 DLR (AD) 355; Abul Bashar Vs. Hasan Uddin Ahmed, 5...... second floors were let out in favour of Director of Archeology and the income raised there from were spent for charitable purpose as usual; the petition of complaint disclose further that during the life time of said Atika Khanam Accused No.2, Zaber Siddiqui was also allowed to stay her in the grou..

Category: Criminal Law | Date: | Hits: 70

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......3/93 are allowed. Lawyers Involved: Abdul Malek with Imman Ali and AHM Musifiqur Rahman, Advocates ‑ For the Appellant in Criminal Appeal No.1064 of 1992. Amirul Kabir Chowdhury, Deputy Attorney‑General with SA Hasan, Assistant Attorney‑General ‑ For the State. Death Reference N......huddin, Arzan and another Fazlul Huq guilty of the offence under section 396 of the Penal Code and sentenced Mesbahuddin to death while the other two accused were sentenced to suffer imprisonment for life and also to pay a fine of Taka 500.00, in default, to stiffer rigorous imprisonment for one mot..

Category: Criminal Law | Date: | Hits: 87

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......lt: The Rule is made absolute in part along with all the aforesaid observations and directions. Lawyers involved: Manzil Murshid, Advocate-For the Petitioner. Ms. Kazi Zinat Huq Deputy Attorney General with Shams-ud Doha Talukder, Assistant Attorney General-For the Respondent No.1. ......equate safe guards so that unscrupulous persons do not cheat unsuspecting students. 26. Respondent No. 5 is alleged to have done just that. The Petitioner claims to have lost several years of her life studying for a degree from a U.K. University but she later came to know that the said Universit..

Category: Others | Date: | Hits: 146