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....rs
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Respondents
Judgment
October 19, 2006.
Cases Referred To-
Meerasahib Md. Kunjo vs. Padmanasah Iyer Harihara Iyer AIR 1965; Mohan Jogani Rice and Atta Mills vs. Ram Lal Onkarmal Firm an...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......
Writ Petition No. 1547 of 20006.
Judgment
Farah Mahbub J.- This Rule under Article 102 of the Constitution has been issued upon the respondents to show cause as to why the impugned order No.36 dated 1-1-2006 passed by the respondent No. 1, the learned Additional District Judge, 1s...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....e Penal Code and sentencing him to suffer rigorous imprisonment for 1 (one) year and also to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 1 (one) month more. At the time of admission of appeal a suo moto Rule was issued calling upon the appellant Raushan Ali and appellant ...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... Criminal Appeal No. 1808 of 2002 with suo moto Rule No. 122 (R) of 2002. Judgment Syed Md Ziaul Karim J.- By this appeal convict appellants have challenged the propriety of the Judgment and order dated 9-6-2002 passed by the learned Additional Sessions Judge, Second Court, Bogra in Session...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....azlur Rahman J SM Ziaul Karim J Shaheen (Md) and ors........... Appellants Vs. State................................. Respondent Judgment April 26, 2006. Cases Referred To- Asadur Rahman vs. State, 1995 BLD 290, Nawabul Alam and others vs. State, 1995 BLD (AD) 54 = 45 DLR (A......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......d. Golam Farid and Criminal Appeal Nos. 3854 of 2003 and 3713 of 2003 at the instance of convict appellants namely, Md. Habibur Rahman and Md. Ripon respectively are directed against the Judgment and order dated 18-9-2003 passed by Druto Bichar Tribunal, Barisal in Druto Bichar Tribunal Case No. 54 ......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....ary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......State. Criminal Appeal No.991 of 1998. Judgment Sheikh Abdul Awal J.- This appeal at the instance of sole convict appellant Gour Chandra Pal is directed against the judgment and order of conviction and sentence dated 29-3-1998 passed by the Judge, Nari-o-Shishu Nirjatan Daman B......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....……….. .Appellant Vs. State......................…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... the State. Criminal Appeal No. 195 of 1998. Judgment Mashuque Hossain Ahmed J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order of conviction and sentence dated 21-1-1998 passed by the Special Tribunal and Additional Sessi...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....Vs. State.............................Opposite Party Judgment August 9, 2005. Cases Referred To- Lal Mia vs State 42 DLR 15; Anser Ali (Md) vs State 3 BLC 68; Bangladesh vs Lokman Patwary and others 1994 BLD (AD) 155 = 46 DLR (AD) 163; Md Abdul Motaleb Mia vs Stat......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......s Rule has arisen out of an appeal filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment and order of conviction and sentence dated 17-1-1994 passed by the learned Divisional Special Judge, Chi......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....ith Shirin Afroz, Assistant Attorney-General—For the State. Criminal Revision No. 373 of 2003. Judgment Siddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is direct......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......iddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is directed against the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No.2, Dhak......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....einafter referred to as the Company. The petitioner as on 31-10-1993 was a substantial share holder in the company with his name recorded as such in the share register of the company. The petitioner had at various times bought shares in the Company and these were duly recorded in his name in the sha......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......te on 31-10-1993 to IFIC Bank Ltd. informing them of the agreement to sell the said shares to the petitioner and instructed them to deliver the shares to the petitioner on receipt of a banker’s pay order for Taka 44.00 lac from the petitioner. The petitioner handed over a pay order No. 0005838 dat......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....d order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......on and was trying in undue haste to take over charge of the office of the chairman in collusion with local authorities. The petitioner also filed a peÂtition for rule of temporary injunction with ad-interim order against the opposite party No. 1 and 8 for restraining them from taking over and handi......Âtioner. M.A. Mannan, Advocate — For the Opposite. Civil Revision No. 168 of 1988. Judgment AKM Sadeque J.- Can the Election Tribunal constituted under OrÂdinance 51 of 1983 issue an order of injunction eiÂther under Order 39, rule 1 or section 151 of the CivÂil Procedure Code? Th...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....rds be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......part subject to the modification with reÂgard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......Advocates— For the Appellants. A.B.M. Golam Majid Advocate— For the State. Criminal Appeal No. 230 of 1978 Judgment Muhammad Ansar Ali J.— This appeal arises out of the Judgment and order dated 31.8.78 passed in Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Judge,......part subject to the modification with reÂgard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....awyers Involved: MM Hyder Ali, Advocate— For the Petitioner. A.K.M. Shamsul Karim, Advocate— For the State. Criminal Miscellaneous Case No. 73 of 1988 Judgment Fazle Hossain Mohammad Habibur Rahman J.—This Rule was issued on 20-6-88 calling upon the Secretary, Ministry of Home ......et aside. We diÂrect that the detenu Gafur Mohammad Ibrahim be reÂleased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......cted to be released from custoÂdy and set at liberty on the ground that he is being detained illegally. 2. It appears that Mr. Lasker Abu Kalam, AddiÂtional District Magistrate, Dhaka passed the order datÂed 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of ......et aside. We diÂrect that the detenu Gafur Mohammad Ibrahim be reÂleased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35...Category: Criminal Law | Date: | Hits: 29
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......se. So far as accused appellant Rustom Ali is concerned his appeal is disÂmissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......e. Criminal Appeal No. 136 of 1987 with Jail Appeal No. 157 of 1988 Judgment Mohammad Ismailuddin Sarker J.—This appeal by the 3 accused-appellants are directed against the order of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them un......se. So far as accused appellant Rustom Ali is concerned his appeal is disÂmissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ..Category: Criminal Law | Date: | Hits: 51
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....alling the prosecution witnesses for cross-examination. 2. The appellant's case, in short, is that he is facing trial in Special Tribunal case No. 11 of 1987 under section 366A of the Penal Code read with secÂtion 4 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 in the aforesaid ......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......ocate — For the State. Criminal Appeal No. 413 of 1988 Judgment Mahmudul Amin Chowdhury J.- This appeal preferred under section 30 of the Special PowÂers Act, 1974 is directed against the order dated 1-11-88 passed by the Assistant Sessions Judge, 4th Court and Special Tribunal, Dhaka in......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30...Category: Criminal Law | Date: | Hits: 35
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....es and the appellant Siddik Ali was not at home. Then the informant suspected that the appellant and accused Nousha Miah killed his son Jitu Miah after calling him from the house and concealed his dead body some where. The informant searched for the dead body of his son but did not find it. 3. T......tion and sentence passed on the appelÂlant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ......e No. 158 of 1982 in the Court of Addl. Sessions Judge, 1st Court, Sylhet.) Judgment Nurul Huque Bhuiyan J.—This appeal has been preferred by the appellant Siddik Ali against the judgment and order dated 31-5-83 passed by Mr. Ibrahim Ali, Additional Sessions Judge, 1st Court-in-Charge, Sylhe......tion and sentence passed on the appelÂlant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ..Category: Criminal Law | Date: | Hits: 30
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....n under secÂtion 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dhaka, rejecting the prayer of the petitioner to add him as a defendant in Title Suit No. 183 of 1986, which is still pendÂing in the court. 2. F......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under secÂtion 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dhaka, rejecting the prayer of......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11....... set aside. We direct that the conÂdemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......e and acÂcordingly sentenced him to death by hanging and found the remaining 3 accused-persons not guilty and as such acquitted them of the charge under section 302/34 Penal Code by his judgment and order dated 25-4-87. Thereafter, on the same day, the learned AdÂditional Sessions Judge, Bogra mad...... set aside. We direct that the conÂdemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
.... 366, AIR 1952 (SC) 167, State Vs. Md. Latif, PLD 1962 Kar.756 (DB), Nani Gopal Biswas Vs. Municipality of Howrah, 1958 (SC) 141, Begu Vs. Emperor, 1925 (PC) 130, J.D. Sharma Vs. The State of Uttar Pradesh, AIR 1960 (SC) 400, Rampat Roy Vs. The State, AIR1960 All 380. Lawyers Involved: Not rep......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......esented — the Petitioner. Mostafa Kamal Pasha, Advocate — For the State. Criminal Revision No. 1 of 1987 Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of conviction and sentence passed under section 381 of the Penal Code. 2. The informant Naz......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7...Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....t the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ...... Judgment A M Mahmudur Rahman J.- This Rule arises out of a Judgment, and Order dated 24.12.85 passed by the learned Sessions Judge, Chittagong in Criminal Appeal No. 122 of 1985 upholding the order of conviction and sentence passed by Magistrate, 1st Class (Upazila Magistrate) Banshkali Upaz......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
.... the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......witnesses under section 161 Cr.P.C. and then submitted charge-sheet against the accused appellant Khalilur Rahman and his mother accused Hazera Khatun under section 302/34 of the Penal Code. 3. By order dated 31.12.85 the learned Sessions Judge discharged accused Hazera Khatun, the mother of the ......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....iz, 3. Mrs. Mahabuba Hossian...................Petitioners. Vs. 1. A.F.R. Hassan, 2. The State 3. Kaswa Shipping Lines Ltd. 4. Shamsul Alam, 5. Anowarul Aziz, 6. Mrs. Mahuba Hossain, 7. Bangladesh Ship Building Industries Ltd…………….Opposite- Parties. Judgment July 3, 1985. ......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......rementioned tripartite contract the accused persons are clearly obliged to purchase new engines for the coaster. But instead of purchasing the new engines the accused with fraudulent intention and in order to deceive and mis-appropriate the fund disbursed to them by the BSRS and purchased old engine......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
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