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Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. 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) 35. ......¦â€¦â€¦â€¦â€¦.Appellant Vs. Sree Chandra Kanta Mondal and others………………………….Respondent Judgment August 12, 2009. Result: The appeal is allowed. Cases Referred to- Lal Miah (Hajee) Vs. Nurul Amin and others, 57 DLR (AD) 64; Shanai Bibi being dead here heirs......efendant never went to India and they living in Khulna town with his family and died and left this defendant and daughter, Lipika Rani Bhadra to inherit his property. Bhovendra Nath Bhadra during his life time made a will on 6-3-1963 in favour of the father of this defendant, Amal Kumar Bhadra. Plai..Category: Property Law | Date: | Hits: 134
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....for the purpose of disposal of this Rule are that the petitioner Salma Sobhan brought the instant writ petition stating, inter alia, that she is the Executive Director of Ain-O-Salish Kendra, a Human Rights and Legal Aid Organisation and she is working with the distressed people and very much keen t......esh and others……………………………………Respondents Judgment April 19, 26, 27, 2006. Result: The Rule is disposed of with the directions and observation. Cases Referred to- Sunil Batra Vs. Delhi Administration and others reported in A.I.R. 1978 (SC) 1675; Jagmohan S...... the exercise of which incarceration can be no impediment. Likewise, even a convict is entitled to the precious right guaranteed by Article 21 of the Constitution that he shall not be deprived of his life or personal liberty except according to procedure established by law." 31. Turning to the fa..Category: Constitutional Law | Date: | Hits: 219
....order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......gment
January 12, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Khandker Mahbubuddin Ahmed with SM Moonsir, Advocates ‑ For the Petitioner.
KM Saifuddin Ahmed, Deputy Attorney‑General ‑ For Respondent Nos.1‑3.
Zakir Ahmed with Oziullah, Advocates - For Respond......rect descendant in the male line of the Bohmong Chief and that Bandarban Hill District and part of Rangamati Hill District are inhabited by the tribal people of Bohmong Circle having their own way of life and social pattern governed by age old usage, tradition and custom, part of which is to have a ..
Category: Civil Law | Date: | Hits: 185
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ...... Begum alias Rawshani……………………Appellant Vs. The State……………………Respondent Judgment December 14, 2005. Result: The appeal is allowed. Cases Referred to- Munsurul Hossain Vs. The State, 1 BLC 421; The State Vs. Basirullah, 16 DLR 189. Lawyers I......ated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 convicting the appellant under section 302 of the Penal Code and sentencing her to suffer imprisonment, for life and also to pay a fine of Tk. 2,000.00 in default to suffer rigorous imprisonment for one year ..Category: Criminal Law | Date: | Hits: 142
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ...... Abdus Samad @ Md. Abdus Samad.............................Petitioner Vs. The State..........................Respondent Judgment November 27, 2011. Result: This petition for leave to appeal is dismissed. Case Referred to- Md. Abdul Majid Barker Vs. The State 40 DLR (AD) 83....... learned Additional Sessions Judge, Sherpur in Sessions Case No.83 of 2001 convicting the petitioner under sections 302/148 of the Penal Code and sentencing him there under to suffer imprisonment for life and also to pay a fine of Tk.10,000/- in default, to suffer R.I. for a further period of 2(two)..Category: Criminal Law | Date: | Hits: 116
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......sult: The appeal is allowed. The Prevention of Corruption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him ......lic servant or in the way of his business as a banker merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years and shall ..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......……………………..Petitioners Vs. The state…………………………….Opposite party Judgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 ......e Penal Code. 32. Section 279 run thus:- "Rash driving and riding on a public way.- Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life or to be likely to cause hurt or injury to any other person, shall be punished with imprisonmen..Category: Criminal Law | Date: | Hits: 119
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......¦â€¦Appellant Vs. Abul Howlader…………………………Respondents Judgment June 11, 1995. Result: The reference is rejected. The jail appeal is dismissed. Case Referred to- AIR 1977 SC 45. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney-General ‑ F......the reference are, that accused Abul Howlader married Khodeja Begum, daughter of the informant Shamsuddin Howlader, and a child was born out of their wedlock. The prosecution states that the conjugal life between Abul and Khodeja was not happy and they used to quarrel off and on and Abul used to bea..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......Plc..................Petitioner Vs. Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insu......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....duce any, documentary evidence in Trial Court that she is the daughter of Cadastral Survey recorded tenant Kala Chand Basak. Kala Chand Basak was not the recorded tenant of Cadastral Survey Record of Right rather his father Krishna Chandra Basak was Cadastral Survey recorded tenant and this is a man......sak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali, District-Dhaka and others………………………Defendants-Opposi......r Kala Chand Basak and, also, by way of auction purchase in the year 1939 and Plaintiff-Petitioner only during Liberation Movement of Bangladesh went to the other side of the border for safety of her life. Plaintiffs positive stand was that she in the year 1967 laid a Suit being Title Suit No.195 of..Category: Procedural Law | Date: | Hits: 108
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......e death reference is rejected. The appeal filed by the accused‑appellants Raisuddin, Amanullah, Morshed, Samar, Moula, Shabid, Makbul, Manik, Islam and Ramizuddin, is allowed. Cases Referred to- Muhammad Ilyas and 5 others Vs. State, PLD 190 (SC) 443; Kashmira Singh Vs. State of Madhya P......learned Judge also found accused Mokbul, Manik, Mowla, Shahid, Ramijuddin, Islam and absconding accused Marizuddin guilty of the offence under sections 302/149 of the Penal Code and sentenced them to life imprisonment along with fine. All the accused were also found guilty of the offence under secti..Category: Criminal Law | Date: | Hits: 104
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......ved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the Petitioner. Shah Mohammed Sharif with Nizamul Huq - For Opposite Parties No. 2. Moazzem Hossain, Deputy Attorney General- For the State. Criminal Revision No. 484 of 1981. Judgment Abdur Rahman Ch......ca. The petitioner has categorically asserted in this application before the Court without being controverted that he had no connection whatsoever with alleged offence inasmuch as he had never in his life visited the district of Barisal far less Char Padma in the Sub-DiviÂsion of Bhola. The allegat..Category: Criminal Law | Date: | Hits: 107
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......nant-Appellant Vs. AHM Mohsin........................................Accused-Respondent Judgment April 20, 2003. Result: Criminal Appeal No.125 of 1991 is allowed. Cases Referred to- Empress of India Vs. Gayadin, (1881) ILR 4 All 148; Queen-Empress Vs. Robinson, (1804) ILR 16......binnama. 26. Complainant witness No.3 Iqbal Sarwar who is younger full brother of complainant-appellant in his testimony demonstrated that complainant-appellant and accused-respondent led conjugal life for 3/4 months after marriage and after six (6) months of marriage accused-respondent was trans..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......Karim J Md. Joynul Abedin J Md. Hassan Ameen J The State……………….................Petitioner Vs. Md. Mobarak Ahmed Chowdhury ……………….... Respondent Judgment October 4, 2007. Result: The leave petition is dismissed. Lawyers Involved: Syed Haider Al......ed against the judgment and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard along with Jail Appeal No. 189 of 2002 modifying the Death Reference to the life term rigorous imprisonment and dismissing the Jail Appeal arising out of Sessions Case No.41 of..Category: Criminal Law | Date: | Hits: 79
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......ad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Abdul Khaleque……………………………......Petitioner Vs. Uttara Bank Limited and others..............Respondents Judgment October 20, 2011. Result: The leave petition is dismissed. Cases Referred to- 7 BLC (AD) 1......e Miah, the learned Advocate appearing on behalf of the petitioner submitted that the trial Court as well as the High Court Division failed to notice that the petitioner is maintaining his day to day life by way of private tuition and as such, he is not in a position to pay the Court Fees and thereb..Category: Civil Law | Date: | Hits: 118
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......s. Abdul Quader Mollah and another …………………….....Respondents Judgment March 27, 2011. Result: The petition is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Ra......Code. Under this rule, under-trial prisoners are classified into two categories and the prisoners who are accustomed to a superior mode of living by reason of social status, education and habit of life, and are superior to the ordinary prisoner are eligible to Division-1 status. This classificati..Category: Criminal Law | Date: | Hits: 95
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....u children vests in the petitioner. He lastly, submits that the, provision of Muslim Personal Law of the parties is applicable in these cases and refers to section 352 of the Mohammedan Law. "352. Right of mother to custody of infant children. The mother is entitled to the custody (hizanat) of he......is Judgment. All the four Rules arise under Article 102(2)(b)(i) of the Constitution in the nature of Habeas Corpus alleging kidnapping and detention of 4 minor children of the petitioner from her custody by her husband respondent No.1. 2. The facts stated in all the 4 petitions are, that the pet......he father of the detenu child. Respondent Nos.2 and 3 are the nephews of the respondent No.1 and respondent No.4 is the paternal grand mother of the detenu child. The petitioner spent her early adult life along with the aforesaid children in England. Soon after the marriage respondent No.2 disclosed..Category: Family Law | Date: | Hits: 166
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ...... For the Appellants in Criminal Appeal No.810 of 1994. AKM Faiz with Fakhrul Islam Mollah, Parveen Hannan, Advocate ‑ For the Appellant in Criminal Appeal No.557 of 1994. AFM Shahid, Deputy Attorney‑General - For the State. Criminal Appeal No.557 of 1994 with Criminal Appeal No.810 of 1...... Sessions Judge, Comilla in Sessions case No.74 of 1992 of 29‑3‑94 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life und also to pay a fine of Taka 1,000.00 in default, to suffer RI for one year more. 2. The p..Category: Criminal Law | Date: | Hits: 117
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......f 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir Ahmed Vs. University of ......University Act of 1973 or in any other statutes prescribing disciplinary action for the expulsion of any student for ever from the institution so as to put an end to the career of the students for life. The learned Advocate emphatically submitted that the impugned order of expulsion from the Medi..Category: Others | Date: | Hits: 168
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....he prestro‑media aspect of the upper arm. 4) One echymosis 3”X2” on the left lateral neck; Doctor found extensive echymosis with extravasation of blood in and around the wounds stated above. Right lung was severely echymosed. Left lung was moderately echymosed. Chest cavity contained fluid ......…………Appellant Vs. State…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 D......husband or parent, guardian or relation of the husband of any woman, causes or attempts to cause death or grievous hurt to that woman for dowry 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..Category: Criminal Law | Date: | Hits: 135
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