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Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......ght of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is responsible for the life ...... Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......li Bank Ltd. & others………………Opposite-Parties Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109; Korea Banglad......ether with the building petitioners are loosing by stroke of pen of the learned Judge, as such, when the law is harsh then the learned Judge should be cautious before passing any Judgment taking away life and property of an individual as to whether the litigant was aware of the proceeding and whethe..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......……Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; Dr. Mohiuddin Faruque Vs. Bangladesh, 55......nts in preventing illegal and destructive actions of the unscrupulous sand extractors is causing irreparable damage to the River and denying to the villagers of the said villages their basic right to life guaranteed under Article 31 and 32 of the Constitution. It has been further submitted that the ..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......……………...Respondent Judgment May 8, 1988. Result: The Rule is made absolute. Lawyers Involved: MA. Aziz, Advocate. — For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.31 of 1988. Judgment Muhamm......nal Code. But in an appropriate case, the Court can exercise the discretion in granting bail in a case for an alleged offence of murder or in any offence punishable with death or imprisonment for life. It is well settled that bail should not be withheld by way of punishment. Here in this case, i..Category: Criminal Law | Date: | Hits: 105
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ................................Petitioner Vs. The State…………………………………..Opposite Party Judgment March 23, 1989. Result: The Rule is discharged. Cases Referred to- Bhubani Shahu Vs. the King, 76 IA 147; Lutfun Nahar Begum Vs. The State, 27 DLR (AD) 29; Jo......ount of money and other facilities, that he later learnt from petitioner Shah Alam Chowdhury that his enemy Nuru Miah Chowdhury is to be killed, then as a reward for that he would establish them in life, that as travel expense accused petitioner Shah Alam Chowdhury gave witness Shahidul Islam @ ..Category: Criminal Law | Date: | Hits: 127
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89........97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger under sections 302/34 of the Penal Code in Sessions Trial Case No. LXXVI/Novembe......Case No. LXXVI/November/80 and appellant Nasir Ahmed was found guilty under sections 302/34 of the Penal Code and convicted and Sentenced, thereunder and sentenced to suffer rigorous imprisonment for life and other two namely Enamul Hoque and Nur Nabi were acquitted by judgment and order dated 23.6...Category: Criminal Law | Date: | Hits: 117
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......s. State......... ………………………………………………………………Respondent Judgment February 23, 2005. Result: The jail appeal is dismissed. Cases Referred to- Ilias Hussain (Md.) Vs. State, 54 DLR (AD) 78; State Vs. Shafiqul Islam, 43 DLR (AD) 92; Sham......ssions Judge, Chandpur, in Sessions Case No.64 of 2001, convicting the accused appellant under sections 302 and 201 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 5000 (five thousand) in default to suffer rigorous imprisonment for 6..Category: Procedural Law | Date: | Hits: 118
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......……..Opposite Party Judgment July 3, 1996. Result: The Rule is discharged. Lawyers Involved: Syed Ziaul Karim, Advocate‑For the Petitioner Abdus Salam Mamun, Assistant Attorney-General‑For the State. Criminal Revisional Case No. 331 9 of 1991. Judgment Abdul ......the Magistrate empowered to take cognizance of such offence on making the order for investigation may, if the offence to which the investigation relates is not punishable with death, imprisonment for life or imprisonment exceeding ten years, release the accused an bail to the satisfaction of such Ma..Category: Criminal Law | Date: | Hits: 97
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
.... Taltala Seeping Colony. Thus it appears to us that contention of the respondents that petitioner was an unauthoried occupant in Gulshan Park No.1 popularly known as Taltala Park has substance. 5. Right to life under Article 31 of the Constitution may be interpreted in the facts and circumstance ......ah, Advocate‑For the Respondent. Writ Petition No.513 of 1989. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Giasuddin calling upon the respondents to show cause as to why purported attempt to evict the petitioner and all actions pursuant thereto s......by respondent No.1 and as such attempt for his eviction from the said accommodation on 20‑4‑89 without prior notice and by force is not only illegal but also violative of the fundamental right to life and human rights under the Charter of the United Nations. 3. Learned advocate for the respon..Category: Constitutional Law | Date: | Hits: 369
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ........................Appellant Vs. State………………………………………..…….Respondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani an......by the learned Sessions Judge, Brahmanbaria in Sessions Case No.92 of 1991 convicting appellant Seraj Miah under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 2000.00, in default, to suffer rigorous imprisonment for 6 (six) mont..Category: Procedural Law | Date: | Hits: 94
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......1. Result: In the result, Death Reference No.139 of 2005 is accepted in part. The Criminal Appeal No. 4422 of 2005 and Jail Appeal Nos. 1058 and 1059 of 2005 are dismissed. Cases Referred to- Khalil Mia Vs. State, 4 BLC (AD) 223; Islamuddin Vs. State, 13 BLC (AD) 81; Abed Ali Vs. Stat......ction 34 and sentenced to death while Moksed, Tutul, Nitai alias Sohel (Absconding) were found guilty of attempt to murder under section 307 read with section 34 and sentenced to imprisonment for life. The other two accused persons, Adalat Khan and Mobarak were acquitted. It is noted that of the..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
.... the women and children, Both the learned, Advocates not only went through the various provisions of our Constitution but also the Constitution of India and referred to Universal Declaration of Human Rights, 1948, the Convention on the Elimination of All Forms of Discrimination and many other papers......others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. Result: The Rule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and 72; Indra Sawhney etc Vs. ......ed Advocate appearing on behalf of the petitioners, strenuously argued that the Constitution of the People's Republic of Bangladesh proclaimed the equality of men and women in all spheres of national life including in the elected public offices. He contended that the women are not at par with men in..Category: Constitutional Law | Date: | Hits: 443
....citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340.......ul Hasib J
Abdul Qayum ................Petitioner.
Vs.
The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents
Judgment
October 30, 1991.
Result:
The Rule is made absolute.
Case Referred to-
Mukhta......at Lalmonirhat and the adjoining areas was abnormal and as such the petitioner shifted to Syedpur for personal safety keeping said property under lock and key and was pursuing his normal avocation of life as a Balti making Karigar and was then serving as Head Mistry at Jamal Loha Karkhana at Rangpur..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......ng dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and......ment to control, administer and management of the property whereby the concern went out of management and stopped production causing loss to national economy at that critical juncture of the national life soon after a bloody war of liberation with the occupation Pakistan Forces, and in order to boos..Category: Property Law | Date: | Hits: 111
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......No. 320 of 2008, Criminal Appeal No.1247 of 2008 and Criminal Appeal No. 1284 of 2008 are dismissed. Jail Appeal No. 406 of 2008 and Criminal Appeal No. 2515 of 2008 are allowed. Cases referred to- The State Vs. Md. Abdur Rashid, 1987 BLD (AD) 73; R.V. Mannu 1909 All 390 F.B.; Salauddin Vs.......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. 10. Mr. Monsurul Haque Chowdhury, the learned Advocate appearing for the c..Category: Criminal Law | Date: | Hits: 98
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......…………………...Appellants Vs. State…………………….Respondent Judgment July 31, 1990. Result: Both the appeals are allowed. Cases Referred to- Hannmart Govind Nargundkar Vs. The State of MP, 1952 SCR 1091; AIR 1952 SCC 343; AIR 1954 ......lants. Apart from this aspect, it appears from the record that most of the witnesses are involved in the criminal cases of serious nature. P.W.1 and 3 were convicted in a murder case and sentenced to life imprisonment. P.W.1 is a son of victim Golam Hossain. P.W.2 is the brothers son of victim Golam..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....d would appear to a neutral, impassionate, ordinary reasonable man to be impudent, thoughtless and sheer arrogance and if a price is demanded for such an arrogance who would stop them from asking so. Rightly it has been said that silence at times may be golden. No wonder the educated section of this......public of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Result: The Rule is discharged. Cases Referred to- Mohd. Subrati Vs. State of WB, 1973 SC 207 (211); Jon Martin Vs. State, AIR 1975 (SC) 775K...... before its normal expiry and suspended the Constitution and proclaimed himself as the Chief Martial Law Administrator on the allegation that the situation had arisen in the country in which economic life came to the position of collapse, civil administration was unable to function, wanton corruptio..Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... August 1, 1995. Result: The Rules in respect of Civil Revision Nos. 3451 and 3474 of 1992 are made absolute. The Rule in Civil Revision No. 604 of 1993 is discharged. Cases Referred to- PLD 1967 (Sc) 97; PLD 1959 (WP) Lahore 93; 17 DLR 687; 32 DLR 94; Mst. Khurshid Bibi Vs. Babo......ays, she was brought before him, asked her how she had fared. She replied "I swear by God I have never passed more peaceful nights.” This answer is clearly indicative of what misery and torture her life had become with her husband. At this, Hazrat Umar said to the husband; Give her ‘khula’ eve..Category: Family Law | Date: | Hits: 265
....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......ch)
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
Md. Mozammel Hoque J
Tahera Nargis Syed……………………………Petitioner
Vs.
Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail…………………………Contemner
Judgment
May......ate. In other words there is a clear admission that the detenu was not released in the fullest sense of the term. He was not allowed to breathe the fresh air of freedom outside the jail. His jail life was continued without any break. The two orders of release were only paper transactions and t..
Category: Criminal Law | Date: | Hits: 124
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records 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: ......ent April 9 and 18, 2012. Result: Death Reference No. 87 of 2006 is accepted and all the Criminal Appeals and Jail Appeals are dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney-General with Md. Ensanuddin Sheikh, Md. Nurul Islam Matubber and Mahabub-ul-Alam, Assistant A...... the business partner of deceased Akhter Hossain. He has stated that he had been a business partner of Akhter Hossain for about 1/1 ½ years and of the 3 business works, one work was completed in the life-time and the final bill of the two other works under the name and style of Akhter Hossain Const..Category: Criminal Law | Date: | Hits: 105
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