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State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......n J State...........Petitioner Vs. Mohammad Salim ……………………Condemned Prisoner Judgment January 18, 2010. Result: The Death Reference is accepted. Cases Referred to- Vasant Laxman More Vs. State of Maharashtra, AIR 1974 (SC) 1697; Sheikh Ayub Vs. State of Mah...... In her cross-examination, she stated that she knew accused Salim as a grocer. She denied the suggestion that the father of Asha did not send money from abroad as her mother used to carry on unsocial life. 21. PW 6 Constable Majibor Rahman in his evidence stated that he under the command of SI Ah..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......……………………….Appellants Vs. The State…………………………….Respondents Judgment February 3, 1991. Result: The appeal is allowed in part. Cases Referred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 19......ssed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer transportation for life. 2. Prosecution case briefly stated is that Hafizuddin P.W.1 as complainant lodged ejahar wi..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 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: ......t November 23 & 28, 2011. Result: The Death Reference is rejected. The Jail Appeal is dismissed. Criminal Appeal is dismissed. Lawyers Involved: Md. Jahangir Alam , Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - Fo......other appellants and another non-appealing convict Gobra and sentenced the condemned prisoner Dr. Md. Nurul Islam to death and to pay a fine of Tk.10,000/- and the rest 18 accused to imprisonment for life and to pay a fine of Tk.10,000/- each, in default, to suffer rigorous imprisonment for one year..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......nal Appeal No. 3873 of 2005) Elahi Member ……………….. convict- appellant Vs. The State………………………….Respondent (In Criminal Appeal No. 4103 of 2005) Shahin and Liton … ………………………Convict- appellants Vs. The State……………………â€......sponding to G.R. Case No. 122 of 1995. By the self-same judgment and order the learned Additional Sessions Judge also convicted 7 others on the self-same charge and sentenced them to imprisonment for life. The condemned-prisoners filed Jail Appeals being Nos. 1040 of 2005 filed by Yusuf Ali, 1041 of..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......us J Abdur Rahman Molla……………………Petitioner Vs. State……………………Opposite Party Judgment May 4, 1998. Result: The Rule is discharged. Cases Referred to- Atikullah Khan Masud Vs. State, 15 BLD (AD) 14; Golam Haider Vs. Karim Box, 15 DLR (SC) 2; Mo...... 7. Learned Assistant Attorney-General submitted that since there is specific allegation against the petitioner in the First Information Report of an offence punishable with death or imprisonment for life he is not entitled to anticipatory bail. He further submitted that petitioner not being member ..Category: Criminal Law | Date: | Hits: 93
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 ......and 9 i.e. Dr. Kamal Hossain, Barrister Amir-ul-Islam and Barrister Rokanuddin Mahmud are Senior Advocates of the Supreme Court of Bangladesh and highly reputed jurists having become eminent by their life-long contribution to different fields includÂing social and political arena of Bangladesh and ..Category: Criminal Law | Date: | Hits: 132
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......
The Rule in Writ Petition No.4893 of 1996 is discharged.
The Rule in Writ Petition No.79 of 1997 is discharged.
The Rule in Writ Petition No.1472 of 1996 is made absolute.
Cases Referred to-
Government of Bangladesh Vs. Dr. Nurul Islam, 33 DLR (AD) 201; Jibendra Kishore Acharyya Chow......ooqui, the learned Advocate for the petitioner, submits that the petitioner is a Bangladeshi National and he never abandoned the property in question but temporarily hid himself for the safety of his life and he retired from Government service in the year 1971. After liberation of Bangladesh he move..
Category: Property Law | Date: | Hits: 150
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made absolute. Cases Referred to- Shahabuddin (Md) Vs. Secretary, Ministry of youth and Sports and others, 45 DLR 360; R Vs. Ti......ext, we would add that if Sports Council receives recognition as a statutory body, there can hardly be any reason to exclude such affiliated bodies of the Council which have been implanted with a new life by the same statute, and which are explicitly referred to by it. 110. This takes us to the f..Category: Property Law | Date: | Hits: 159
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: .............Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Qu......Explosive Substance Act. For better appreciation of law the said sections are quoted below: "4. Punishment for attempt to cause explosion or for making or keeping explosive with intent to endanger life, person or property- Any person who [unlawfully or maliciously]-(a) does any act with intent to..Category: Criminal Law | Date: | Hits: 119
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....is called the fundamental human rights as declared and adopted by the United Nations General Assembly on 10 December, 1948 are incorporated in Part‑III of our Constitution under heading Fundamental Rights'. Since the fundamental human rights are derived from Article 8 the entire Part‑III of the ......nted by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgment August 4, 2004. Cases Referred to- Syed Md. Mashiur Rahman Vs. President of Bangladesh, 1997 BLD 55; KM Rahman Vs. Bangladesh, 2......nd its values and norms. This can only be achieved not by mere theorizing of the same but by initiating its practice and true culture and religiously practicing the same at all levels in the national life and the body polity. There has unfortunately, been charade of democracy in the Government as we..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......cted and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned Prisoner. SA Hasan, Assistant Attorney‑General ‑ For the State. Death Reference No.38 of 1991 with Jail Appeal No.2197 of 199...... term which shall not be less than 2 years and shall not exceed 10 years. (b) If the quantity of narcotics exceed 25 grams‑ death sentence or imprisonment for life. 35. We find from the table 1(a) above that if recovered quantity of heroin doe..Category: Criminal Law | Date: | Hits: 164
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......In all the petitions) Vs. Md. Nasiruddin Shah and others……………………………..Respondents Judgment November 6, 2004. Result: The petition is dismissed. Case Referred to- 35 DLR (AD) 108. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (S.M. M...... family. After his death his son Samiruddin Shah was the Mutwalli and after his death his son Basiruddin Shah was the Mutwalli and after his death his son Serajuddin Shah becomes Mutwalli. During his life time he was illegally removed as a Mutwalli by the Administrator of Waqf for which he moved the..Category: Trust/Waqf Law | Date: | Hits: 148
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......n and another……………...Appellants Vs. The State...........................................Respondents Judgment May 25, 1977. Result: The appeal is allowed. Cases Referred to- Kabir Ahmed Vs. State, (1974) 26 DLR 44; Alam & ors. Vs. State, (1967) 19 DLR (SC) 242; C......rospective effect, the appellants cannot be tried by the Special Tribunal constituted under the Act. Moreover, the Act provides capital punishment whereas the Penal Code provides transportaÂtion for life as the maximum punishment for the alleged offences. So the trial if held under the Act it would..Category: Criminal Law | Date: | Hits: 76
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......t-Appellants
Vs.
M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent
Judgment
March 20, 2011.
Result:
The appeal is allowed.
Cases referred to-
19 DLR (SC) 143; 28 DLR (HD) 392.
Lawyers Involved:
Fazlul Karim with Md. Omar Faruk - ......t suit for purchase of the suit land at Taka 3,30,000/-, out of which Taka 33000/- was paid as earnest money. The defendant No. 1 and 2 procured Income Tax Clearance Certificate on 24.12.1970 and the life of the said Income Tax Clearance Certificate was valid till 31.3.1971 ultimately the defendant ..
Category: Property Law | Date: | Hits: 113
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......nt down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......he defendant‑respondent drew his attention to a non‑Bengali (Behari) who was kept standing thereby. The plaintiff-appellant thereon being afraid put his signatures on the blank papers to save his life, as the non‑Bangalees (Beharis) used to kill people at that time. Further case of the plainti..Category: Procedural Law | Date: | Hits: 129
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....rely personal right of the applicant touching him alone it is enough if he shares that right in common with others; (4) in interpreting the words 'any person aggrieved', consideration of 'Fundamental Rights' in Part III of the Constitution is a relevant one; (5) it is the competency of the person to......nbsp; Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......ly in accordance with law, is the inalienable right of every citizen, whether 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: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the maÂjority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 ......s to costs. Order of the Court. In accordance with the view of the maÂjority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......Monsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: Leave is granted. Lawyers Involved: Karunamay Chakma, the Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioner. Ruhul Q......roseÂcution witnesses and upon consideration of the evidence and materials on record convictÂed the respondent Nos.1-3 under sections 302/34 of the Penal Code and sentenced them to imprisonment for life and also to pay a fine of Tk.10,000/- (Taka ten thousand) each in default to suffer rigorous im..Category: Criminal Law | Date: | Hits: 122
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......: Salma Masud Chowdhury J Md. Rezaul Hasan J Kartick Chandra Mandal & others............................Petitioner Vs. The State.....................Opposite party Judgment October 6, 2010. Result: The rule is discharged. Cases Referred to- Kohinoor Chemical Co.......hich was recorded in a General Diary in the respective police station; that the accused Kartick gave the informant an ultimatum of one week time demanding Tk. 50,000/- as chanda by making threat upon life of the informant, that the informant requested him to spare the informant, but all went in vein..Category: Criminal Law | Date: | Hits: 143
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. .............................Petitioners Vs. Narayan Chandra Kuri.............................Opposite party Judgment November 11, 2009. Result: The rule is discharged. Cases Referred to- Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 42 DLR (AD) at page 59......e to know regarding the so-called Dan Patra deed and managed to get its certified copy on 13.07.1994 and became sure about it which is false, fraudulent, collusive and ineffective. Onnada Sundari had life time interest only on the property and she had no right to make any gift as mentioned earlier a..Category: Civil Law | Date: | Hits: 103
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