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Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445....... Sigma Huda, Advocate—For Respondent No.3. Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certificate issued by him for release/exhibition of the film ‘Hason Raja’......f land and his huge wealth and power made Hason Raja an object of jealousy of the other Zamindars of Sylhet who kept on trying to tarnish the image of Hason Raja till he withdrew himself from worldly life. It is further stated that one Prithi Khan Chanda wrote a story depicting Hason Raja as a licen..

Category: Civil Law | Date: | Hits: 210

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......……………Petitioners Vs. Haripada Saha & another……………………..Opposite Parties Judgment August 5, 2009. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Khatoon, 37 DLR 1...... Shaha also died leaving behind his wife Shurashi Bala and two Mashtutu Bhai namely, Sree Nependra Nath Saha and Sree Subal Chandra Saha and the name of Shurashi Bala was recorded in the SA Parcha as life interest and after the death of Shurashi Bala the plaintiff became the Shurashi who got the pro..

Category: Property Law | Date: | Hits: 83

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......…….Appellants Vs. State………………………………………………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, ...... and accordingly, convicted and sentenced him to death and court below found accused Imam Hossain Patowary guilty under sections 302/109 Penal Code and convicted and sentenced him to imprisonment for life with fine of Taka 10,000 in default to suffer RI for 1 year more by judgment dated 24‑9‑198..

Category: Criminal Law | Date: | Hits: 97

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.............................Petitioner Vs. Justice Md. Abdur Rouf & others.........................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh......her added that in order to keep the office of the Chief Election Commissioner beyond reproach it was intended to be the last office to be held in the service of the Republic being the last station in life in service. All these arguments of the learned Counsel for the petitioner centered round the co..

Category: Constitutional Law | Date: | Hits: 353

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......terest of the defendants; there was no thumb impression of Cherag Ali in the kabala; Salamatullah did not acquire any right, title and interest through the disputed kabala. The plaintiffs having come to know about the said kabala on 18-5-91 instituted the suit on 01-8-91. 3. Defendant Nos.1, 2, 5......hopelessly barred by limitation. 14. Few relationships are as vital to man as that of possession, and we may expect any system of law, however primitive, to provide rules for its protection. Human life and human society as we know them, would be impossible without the use and consumption of mater..

Category: Procedural Law | Date: | Hits: 103

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....ed: Dr. Kazi Akhter Hamid, Advocate - For the Petitioner. Writ Petition No. 405 of 1998. Judgment AM Mahmudur Rahman J.- The Saiful Islam Dilder, the Secretary-General of Bangladesh Human Rights Commission, seeks from us issuance of a Rule on the Government of the People’s Republic of ......tary-General of Bangladesh Human Rights Commission, seeks from us issuance of a Rule on the Government of the People’s Republic of Bangladesh and other Government functionaries viz, the respondents to show cause as to why handing over of Anup Chetia alias Golap Barua to Indian Government should no......ition to India as the Government of Bangladesh has decided to hand over him to India. He states that as Anup Chetia was charged with treason by the Indian Government he came to Bangladesh to save his life. The petitioner states that Chetia is not a criminal but a person who has been fighting for rig..

Category: Constitutional Law | Date: | Hits: 421

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....fundamental rights guaranteed under the Constitution. Affirmation and validation made by the amendment of the Constitution, though restricted, is subject to judicial review if it violates Fundamental Rights. Their Lordships held as follows: "But it does claim and has always claimed that it has th.....................................Respondents (In Writ Petition No. 5313 of 1996) Judgment January 28, 1997. Result: The Rules issued in two Writ Petitions are discharged. Cases Referred to- State Vs. Dosso, 11 DLR (SC) 1; TB Co-operative Society Vs. Chief Commissioner of Monipur, AI......y in accordance with law, is the inalienable right of every citizen, wherever 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: Criminal Law | Date: | Hits: 202

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......hers............Appellants Vs. State........................................................Respondent Judgment November 22, 1994. Result: The appeals are allowed. Cases Referred to- Nurul Islam Vs. State 8 BLD (1988) 106; Arshadullah and Nurul Islam Vs. State 21 DLR 684; Abu......es that whoever has in his possession or under his control any arms, ammunition of military stores in contravention of section 14 or section 15 of the said Act shall be punished with imprisonment for life or any other rigorous imprisonment which shall not be less than seven years. The word "possessi..

Category: Criminal Law | Date: | Hits: 74

Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)

....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ssain Dhali and other...........Appellants Vs. State..........................................Respondents Judgment March 4, 1997. Result: The appeal is discharged. Cases Referred to- Fazlul Haque Vs. State 11 DLR 316; Abdul Mannan and others Vs. State 44 DLR (AD) 60. Lawye......ng appellants, Amir Hossain Dhali and Abu Bakar Matbar along with seven other accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for three ..

Category: Criminal Law | Date: | Hits: 85

Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)

....on the Medical Board stat­ed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ...... Jurisdiction) Present: Md. Muzammel Hossain J Afzal Hossain Ahmed J Iqbal Hasan Mahmood…………………Appellant Vs. State……………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs.......r detention in Jail custody without having sufficient document with him to give partic­ulars of assets. The convict-appellant has been suf­fering from complicated and serious diseases endan­gering life for last few months. On 10-9-2008 his physical condition was suddenly deteriorated and therefor..

Category: Criminal Law | Date: | Hits: 125

Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)

....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......nt Judgment May 19th, 2003. Result: Criminal Appeal 2280 of 2000 is allowed. Lawyers Involved: Md. Aminul Islam, Advocate—For the Appellant. ABM Waliur Rahman Khan Assistant Attorney­-General—For the State. Criminal Appeal No. 2280 of 2000. Judgment Md. Abdul Qudd...... Trisal PS case 8 dated 19‑12‑1990 GR 102(2)90 under sections 302/34 Penal Code, convicting appellants Mokbul Hossain, Atiqul Islam, and another Rasmat Ali and sentencing them to imprisonment for life and also to pay fine of Taka 5000 in default to suffer RI for 1 year more. 2. Prosecution ca..

Category: Criminal Law | Date: | Hits: 103

State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)

....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ...... Judgment February 4, 1992. Result: Criminal Appeal No. 42 of 1985 and Jail Appeal No. 32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases Referred to- Tukaram Ganpat Pandare Vs. State of Maharashtra, AIR 1974 SC 514; Barendra Kumar Ghosh Vs.......nd sentenced him to death. The learned Judge further convicted Mosharraf Hossain and Mainuddin under section 302 read with section 34 of the Penal Code and sentenced them to suffer transportation for life and also to pay a fine of Taka 25,000.00 each in default to suffer RI for 2(two) years more. Co..

Category: Criminal Law | Date: | Hits: 116

Abdul Kabir Vs. State, 1998, 27 CLC (HCD)

....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......e J Md. Hamidul Haque J Abdul Kabir………………Appellant Vs. State………………Respondent Judgment April 1, 1998. Result: The Rule is discharged. Cases Referred to- Abul Basher Vs. State, 47 DLR 521; Shantosh Bhushan Das Vs. the State, 4 BLT (AD) 58; Mostafi......ans fair or foul not only to maximise profit but also to amass wealth by practicing fraud and misrepresentation as well as adopting corrupt and dishonest means which remain undetected for long. Their life style and standard of living as well as properties held by them in their own names or in the na..

Category: Criminal Law | Date: | Hits: 109

Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)

....uated around the injury (No.II) the edge of the injuries No.ii and iii are inserted scorching blackened and tattooing. On deep dissection of the thorax right 5th and 6th ribs were found fractured. Right lung found rupture huge clotted blood were found within thorax cavity 49 small pellets were fo...... and others……………………………Appellants Vs. State……………………………Respondent Judgment March 10, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Salam Mollah Vs. State, 13 MLR (AD) 268; Ustar Ali Vs. State, 18 BLD (AD) 42 = 3 BLC (A......ned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.121 of 1996 convicting the appellants under sections 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6(Six) months ..

Category: Criminal Law | Date: | Hits: 112

Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)

....ot available inside the jail. Due to prolonged detention the condition of his health has been deteriorating and he is being kept in custody in gross violation of the provisions of Jail Code and Human Rights. The petitioner applied on a number of times, to the Chief Metropolitan Magistrate, Dhaka, fo......isdiction) Present: Md. Mozammel Hoque J Md. Awlad Ali J Major (Retd.) M Khairuzzaman…………………Petitioner Vs. State……………………Opposite Party Judgment October 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman, A...... prisoners shall be divided into two Divisions, viz, Division-I under trail and Division-H under-trial. Division-I under-trial shall include all prisoners who by social status, education and habit of life have been accustomed to a superior mode of living, while Division-II under-trial shall include ..

Category: Criminal Law | Date: | Hits: 105

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......jan Malaker & another…………………….Appellants Vs. State………………………Respondent Judgment April 12, 2009. Result: The appeal is allowed. Cases Referred to- State Vs. Monu Meah, 6 BLC 402; Ramzan Vs. the State, PLD 1961 (P.W.) Lahore 167; Dinanath Su......to GR Case No.377 of 1998 convicting the appellants Niranjan Malaker and Shyama Kanta Das and two others under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more..

Category: Criminal Law | Date: | Hits: 75

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......agong Port Autho­rity.............Appellant Vs. Ananda Shipyard and Slipways Ltd.............Respondent Judgment December 14, 2010. Result: The appeal is allowed. Cases Referred to- Associated Engineering Co Vs. Government of Andhra Pradesh, AIR (SC) 232; Hyundai Corporation...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399.   ......ppellant Vs. Azam Reza……………………………Condemned-Prisoner Judgment July 21, 2008. Result: The reference is rejected and the appeals are dismissed. Cases Referred to- Abdul Motaleb Howlader Vs. State, 5 MLR (AD) 362 = 6 BLC (AD) 1, Elais Hossain Vs. State, 54 ......n, was an Architect and Senior Teacher of Australian International School at Gulshan, Dhaka. On 10-3-2000 her marriage with accused Azaur Reza was solemnized. After marriage they had a happy conjugal life for 3 ½ years. The deceased used to live in the house of the accused. She gave birth of a son ..

Category: Criminal Law | Date: | Hits: 114

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......titioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 1995. Result: The Rule is disposed of. Cases Referred to- Aga Mahomed Jaffer Bindanim Vs. Koolsoom Beebee and others, ILR 25 Cal 9; Mst. Rashida Begum ......the text book of Islam, It is the Words of God revealed to the last Prophet Mohammad (peace be on him) in Arabic language from time to time during the period of twenty three years of his last part of life. The word 'Quran means 'this is the Book which is read'. It has one hundred and fourteen 'Sura'..

Category: Family Law | Date: | Hits: 528

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....hould have a home for life at Mardon House. This constituted unfairness amounting to an abuse of power by the health authority. It would be a breach of article 8 of the European Con­vention of Human Rights." 35. In the case of Food Corporation of India Vs. M/S Kamdhenu cattle Feed Industries AIR...... Vs. Jahangir Alam & others………………….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2......ted by asking whether the need which the health authority judged to exist to move Miss Coughlan to local authority facility was such as to outweigh its promise that Mardon House would be her home for life.” 33. On the merit of the case, the Court held (page 254):— "89. We have no hesitatio..

Category: Employment/Service Law | Date: | Hits: 208