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Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)

.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......m J Moktar Hossain......................Appellant Vs. Budhi Bala Dashi....................Respondent Judgment August 28, 1994. Result: The appeal is dismissed. Cases Referred to- AIR 1925 Lahore 493; 14 CWN 463; BSCR Vol.7 at page 1; AIR 1987 P & H at page 122; AIR 19......n was filed to grant letters of administration to the estate of Harish Chandra, the original owner. It was argued in that case that the estate of Harish Chandra was fully administered during the long life‑interest of his widow, that there is no necessity to grant letters of administration to anyon..

Category: Property Law | Date: | Hits: 183

Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)

....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......n Nessa and another…………………………Appellant Vs. State……………………Respondent Judgment November 16, 1994. Result: The appeal is allowed. Cases Referred to- Bharavad Bhikha Valu & others Vs. State of Gujrat, AIR 1971 Supreme Court 1064; State Vs.......g the accused appellants namely, Sahera Khatun and Kawsarun Nessa for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there under to suffer imprisonment for life. 2. The prosecution case, in short, was that One Abdul Barek of village Golan, P.W. Rupganj,..

Category: Procedural Law | Date: | Hits: 155

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... Jalaluddin Bhuiyan………………..Petitioner Vs. Abdur Rouf and others……….......Respondents Judgment July 2, 1997. Result: The Rule is made absolute. Cases Referred to- Mazharul Haq Vs. Ishaque Sardar, 14 DLR (SC) 251; Nannu Gazi Vs. Awlad Hossain, 43 DLR (AD) 6......urt must be clearly kept in view. Committing Magistrate is just to see that a prima facie case has been made out and not to overstep the limit. It was further held that on right of private defence of life and property the decision on such question lies with the superior Court. Mr. Abdul Malek conten..

Category: Criminal Law | Date: | Hits: 143

Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)

....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......(Md.) alias Jabed Ali and others……………………Appellant Vs. State……………………Respondent Judgment July 12, 1999. Result: The appeal is allowed. Case Referred to- Pakala Narayan Swami Vs. Emperor, AIR 1939 (PC) 47. Lawyers Involved: MA Wahab Miah wit......Additional Sessions Judge, Dinajpur, in Session Case No.40 of 1993 convicting all the accused-appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk. 2,000.00 each, in default to suffer rigorous imprisonment for 6 months..

Category: Criminal Law | Date: | Hits: 132

Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)

.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......€¦â€¦â€¦â€¦....................Appellants Vs. Md. Yasin Abdul Aziz and others..................Respondents Judgment June 28, 1989 Result: The appeal is dismissed. Cases Referred to- Maharaja Bhupendra Chandra Singha Sarma and other Vs. Sudhindra Ch. Singha and ors, 5 DLR 142......that she is the daughter of Khadem through Khadem's second wife Korfulnessa and that defendant No.10 Khoaj Bibi alias Makhari is the daughter of Khadem through Khadem's 1st wife Soal Bibi. During the life time of Khadem he, on 28.2.1917 corresponding to 16th Falgoon, 1322 B.S., gifted by Heba-bil-Ew..

Category: Property Law | Date: | Hits: 135

Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)

....ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......……..Petitioner Vs. District Magistrate, Jessore and others…………………………Respondent Judgment June 21, 1999. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Abdur Rahim, Advocate — For the Petitioner AKM Shafiuddin,......red into the office room of Mr. Faruq Jalil, Officer-in-Charge of firearms and in exercise of force tried to illegally obtain renewal of licences of those two firearms and also made an attempt on his life and that the respondent No.1 apprehended that if petitioner is allowed to retain possession of ..

Category: Criminal Law | Date: | Hits: 132

Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)

....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457....... State, represented by the Deputy Commissioner...….....…….Opposite Party Judgment July 2, 1998. Result: Both the Rules are made absolute in part. Cases Referred to- Ali Akbar Khan Vs. State, 34 DLR 94; Bangladesh Vs. Abed Ali, 36 DLR AD 234. Lawyers......used is a grievous hurt. An injury is grievous hurt if it falls within meaning of grievous hurt as given in section 320 of the Penal Code. There is no evidence that any of the injuries endangered the life of any of the victims. There was no fracture, the victims were discharged from the hospital aft..

Category: Criminal Law | Date: | Hits: 109

Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)

.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441....... Saiful Islam and Md. Shafiqul Islam……………….Appellants Vs. The State..………….….. Respondent Judgment May 7, 1992. Result: The appeal is allowed. Cases Referred to- Khelu Mia and others Vs. The State, 43 DLR 573; 37 DLR 156; 40 DLR 97; 43 DLR 537. Lawyer......ditional Sessions Judge on consideration of the evidence and materials on record found accused appellant Abdul Quddus guilty of the offence under section 302 BPC and sentenced him to imprisonment for life. He found the other two appellants guilty of the offence punishable under section 460 BPC and c..

Category: Criminal Law | Date: | Hits: 112

Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)

....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......uly 13, 1992. Result: The appeal is allowed. Lawyers Involved: Asaduzzaman with Syed Amirul Islam and S B Barua, Advocates‑For the Appellants M Shamsul Alam, Deputy Attorney General with Mr. Laikuzzaman, Advocate‑For the State. Criminal Appeal No.155 of 1988 ...... under section 302 of the Penal Code and sentenced him to death, convicted appellant No.1 and 3 under section 304 read with section 34 of the Penal Code and sentenced each of them to imprisonment for life and also to pay a fine of Tk. 5,000.00 in default, to suffer rigorous imprisonment for one year..

Category: Criminal Law | Date: | Hits: 86

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420....... Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The Rule is made absolute. Cases Referred to- Mozahar Sowdagor Vs. M. Zahirul Alam, General Manager, Bangladesh Shipping Corporation &am......n accordance with law, is the inalienable right of every citizen, wherever the 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: Property Law | Date: | Hits: 133

Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396.......s. Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents Judgment March 26, 1998. Result: The Rule is made absolute. Case Referred to- Hasina Khatoon and others Vs. Bangladesh and others, 43 DLR (AD) 13. Lawyers Involve......respondent No.2 had been enjoying the property on regular payment of rent and taxes to the respective authorities but for disturbance in 1971 he had to vacate the house after liberation for safety of life and was residing in different places at Dhaka as a citizen of Bangladesh. The respondent No.2 m..

Category: Property Law | Date: | Hits: 102

Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)

....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the Appellant. Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Respondent. Criminal Appeal No. 372 of 2004. Judgment Md. Ruhul Qu......mu Police Station Case No.12 dated 27.4.1998 corresponding to G. R. No.36 of 1998 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for six months more. ..

Category: Criminal Law | Date: | Hits: 102

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ...... Vs. Government of the Peo­ple's Republic of Bangla­desh & others...............Respondents Judgment February 17, 1990. Result: The Rule was made re­turnable. Cases Referred to- AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75......es shall be deemed to be the Additional Sessions Judges for the areas where the Additional District Magistrates were empowered to try all cases and award punishment short of death or imprisonment for life. The Bench was constituted by 5 Judges in­cluding the humble self. It was unanimously held tha..

Category: Election Law | Date: | Hits: 391

Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......on) Present: Md. Ashfaqul Islam J SA Emdadul Hoque J Nur Hossain Miah & others……………..Petitioners Vs. Bangladesh and others……………..Respondents Judgment October 6, 2010. Result: All the Rules are discharged. Lawyers Involved: Sheikh Fazle Noor......efused, in order to avoid tempering of evidence so that the police nay collect evidence from the witnesses, who may otherwise be afraid of reprisals. If the witnesses themselves are afraid of the own life and limb or of their near ones, they will never come forward with the truth against the maraudi..

Category: Criminal Law | Date: | Hits: 107

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ...... The State………………Respondent Judgment April 13, 2011. Result: The appeal is allowed. Lawyers Involved: No one appears - For the appellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Qu......the Additional Sessions Judge, Narayangong in Session Case No.40 of 1994 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 5000/- in default to suffer rigorous imprisonment for another six months. ..

Category: Criminal Law | Date: | Hits: 101

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. .........................Appellants Vs. The State…………...........................................Respondent Judgment June 6, 1989. Result: The appeal is allowed. Cases Referred to- Kaiseruddin Sarker Vs. The State; Ismail Sarker Vs. The State, 33 DLR 320; Seraj Ali Vs. The ...... learned Sessions Judge, Habiganj in Sessions Case No.18 of 1984, convicting all the accused appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life. 2. Prosecution case in short, is that on Thurs­day, the 7th June, 1989 at about 5 P.M. acc..

Category: Criminal Law | Date: | Hits: 141

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......n Talukdar J State…………………….Appellant Vs. Lokman Miah......................Respondent Judgment April 17, 1995. Result: The reference is rejected. Cases Referred to- Palvinder Kaur Vs. State of Punjab, AIR 1952 (SC) 354; Naukar Mouledino Vs. Emperor, AIR 1937......ated that Lokman made several blank fires and he took shelter inside the shop. Many people arrived at the scene of occurrence. Lokman told them that he killed a dacoit. He stated that for fear of his life he did not disclose the name of Humayun. These are the evidence of the prosecution witness. ..

Category: Criminal Law | Date: | Hits: 73

Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)

....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......Islam J Syed Nazakat Hossain alias Ujjal………………Appellant Vs. State………………Respondent Judgment May 29, 1995. Result: The appeal is allowed. Cases Referred to- 35 DLR 119; 50 CWN 35; 36 BCR (AD) 225. Lawyers Involved: Serajul Huq with Anisul Huq a......e charged under sections 302/109, BPC for murdering one Mahbubul Islam And was placed on trial before the 6th Court of Additional Sessions Judge, Dhaka, and on trial was sentenced to imprisonment for life and to pay fine. 2. At 2‑30 AM following 27.3.91 when said deceased along with his 8 or 10..

Category: Criminal Law | Date: | Hits: 88

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......espondent (In all the Writ Petitions). Judgment February 13 and 18, 1992. Result: Writ Petition Nos. 2195 of 1991 and 2213 of 1991 are rejected summarily. Cases Referred to- Anwar Hossain Vs. Bangladesh; Madathil Ahmed Haji Vs. Muthana Kunshiram Kurup and another,......not subject to any reasonable restriction imposed by law, therefore would relate to this private liberty to choose between two alternatives as directed by his sense of moral values, in those areas of life where the result of one's effort effects none else but only the individual. It is thus, not to ..

Category: Constitutional Law | Date: | Hits: 414

Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)

....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338....... Criminal Appeal No. 774 of 1990. Judgment AM Mahmudur Rahman J.- This is an application under section 561A of the Code of Criminal Procedure. 2. The petitioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under sectio......of 1990. Judgment AM Mahmudur Rahman J.- This is an application under section 561A of the Code of Criminal Procedure. 2. The petitioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under section 201 of the Penal Code. He..

Category: Criminal Law | Date: | Hits: 91