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Md. Selim Vs. State, 2011, 40 CLC (HCD)
....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ...... J Md. Ruhul Quddus J Md. Selim..................Appellant Vs. The State..................Respondent Judgment April 10, 2011. Result: The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai......zure list witnesses say that they signed on blank papers and did not see recovery of any arms. In these days people do not dare to stand against illegal arms-holders and terrorists because of fear of life and honour. We must consider this social reality in interpreting the criminal law and rules of ..Category: Criminal Law | Date: | Hits: 94
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. .................................Appellants Vs. The State.............................................Respondent Judgment June 30, 1977. Result: The appeal is dismissed. Cases Referred to- Balmukund Vs. Collector, Ahmednagar, A.I.R. 1935 Bombay 25; Zainul Abedin Vs. State, 9 DLR 64......uty Attorney-General. 23. Certain new offences have been creaÂted by Regulations 10, 11 and 12 of Martial Law Regulatiops No.1 of 1975 for which the extreme penalty of death or transportation for life or rigorous imprisonment which may extend to 14 years and fine or confiscation of the whole or ..Category: Criminal Law | Date: | Hits: 115
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......dus J Mokbul Hossain and others ........Appellants Vs. The State...............................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appella......the kerosene barrels kept at the courtyard, were not available. Instantly he came out from his room and raised alarm, when two or three of them chased him, and he entered into the room out of fear of life. Thereafter the thieves went away towards Bogra by the said truck. The informant came out from ..Category: Criminal Law | Date: | Hits: 105
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......ppellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 95; Abdul Quddas Vs. State, 43 DLR (AD) 234; Abdus Su......present case would be sufficient to justify the imposition of lesser penalty. Considering all aspects of the case, we are of the view that it is a fit case where death penalty could be commuted to life imprisonment. Therefore, we are inclined to reduce the sentence of death to imprisonment for..Category: Criminal Law | Date: | Hits: 87
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......ir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dismissed. Cases Referred to- Anisur Rahman Vs. State, 1986 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. State, 52 DLR (AD......hom or who did what in causing his death. So sentence of death of seven accused persons does not justify. The ends of justice will be met if their sentence of death is commuted to imprisonment for life. In the result, the reference is rejected and the appeals are dismissed. The impugned judg..Category: Criminal Law | Date: | Hits: 67
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......¦â€¦â€¦â€¦â€¦â€¦â€¦Accused Petitioner Vs. The State……………………………Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State...... of the Penal Code which has been defined as follows. "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either descripÂtion which may extend to ten years and shall also be l..Category: Criminal Law | Date: | Hits: 92
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......lute.
Case Referred To-
Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1.
Lawyers Involved:
Dr. Rafiqur Rahman with Abdul Hamid, Advocates - For the Petitioner.
KS Nabi, Attorney-General, with AFM Shahid, Deputy Attorney-General - For the Respondents.
Writ Petition No....... to create chaos and confusion by indulging in the subversive, terrorist and destructive activities in different parts of the country and thereby disturbing the law and order situation and the normal life of the people. The detenu having been engaged with the top leaders of the so-called Freedom Par..
Category: Criminal Law | Date: | Hits: 76
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....his Constitution that other law shall, to the extent of the inconsistency, be void. This provision of fundamental law is expressed in the Article 26(1) of the Constitution under Part III, Fundamental Rights as: “All existing laws inconsistent with the provisions of this part shall, to the extent o...... dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.228 of 1981 in the 2nd Court o Munsif, Chandpur and on transfer to the Court of Munsif, Matlab was renumbered as Title Suit No.390 of 1984 against the defendant-pet......2 and 3 of the supplementary affidavit that the petitioner No.1 was married with Md. Delwar Molla son of Late Abdul Kader Molla on 28.9.1984 and since then they are living happy and peaceful conjugal life and they have got 6(six) children namely Helana Akter, Kazal Begum, Khaleda Begum, Shibli Akhte..Category: Family Law | Date: | Hits: 185
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......sed. Lawyers Involved: Muhammad Jamiruddin Sircar, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner (In all cases) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases......vocates of Mymensingh Bar as the influential informant party/parties are also creating pressure upon them. 7. In view of the above facts and circumstances and for the convenience and safety of the life of the petitioner, the petitioner filed above Miscellaneous Cases before the High Court Divisio..Category: Criminal Law | Date: | Hits: 80
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......r the Petitioners.
Mahmudul Islam, Senior Advocate instructed by Md. Zainul Abedin, Advocate-on-Record- For Respondent No.1.
None represented-For Respondent No.2-3.
Civil Petition for Leave to Appeal No.1923 of 2011.
(From the judgment and order dated the 10th day of May, 2011 passed by...... of its outer campuses at Rajshahi and Chittagong. Therefore, the University Grants Commission did not rightly act on the applications filed by the petitioner. He has further contended that by giving life to the order of stay "granted earlier", that is, at the time of issuing Rule and thereafter ext..
Category: Others | Date: | Hits: 197
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......amp; others………………………Appellants Vs. The State………………………….Respondent Judgment August 9, 1978. Result: The appeal is dismissed. Cases Referred to- Alim Vs. State, (1977) 29 DLR (SC), 268; Md. Ahmed Vs. State, (1970) 22 DLR (SC) 120; P.L.D. ......e Shorhab Sikder was being taken to the Barisal Hospital, he expired. 3. The trial Court convicted all the five accused persons under section 302/34 B.P.C. and sentenced them to transportation for life. On appeal to the High Court, two of the accused were given benefit of doubt and acqÂuitted bu..Category: Criminal Law | Date: | Hits: 107
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......……………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rules are made absolute. Cases Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nu......disobedient and unloyal to her husband. While residing at Mizan Road, Feni Town she used to frequently visit her father's house without seeking any permission from her husband and started a reckless, life. Subsequently the relationship between the husband and wife became very bitter and they used to..Category: Family Law | Date: | Hits: 167
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......espondent Judgment July 20, 2008. Result: Criminal Appeal Nos.3282 of 2001 and Criminal Appeal 3604 of 2001 are allowed and Criminal Appeal No.3698 of 2001 is dismissed. Cases Referred to- Ustar Ali Vs. State, 3 BLC (AD) 53. Lawyers Involved: Aminul Huq Helal with Momtaz Uddi......better appreciation, let us reproduce section 395 of the Penal Code in the following lines: “Section 395: Punishment for Dacoity- whoever commits dacoity shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years, and shall also be liabl..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......diqur Rahman Miah Md. Rezaul Haque J Atahar and others...........Appellants Vs. State........Respondent Judgment May 21, 2007. Result: The appeal is allowed. Cases Referred to- Abdul Gafur Vs. State, 1992 BLD (AD) 90; Annadi alias Ayenuddin Vs. State, 6 BLC 310; Shah Al...... PS Case No.9(5)92 corresponding to GR Case No.130 of 1992 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 (five thousand) each and in default to suffer rigorous imp..Category: Criminal Law | Date: | Hits: 66
.... Case is also Reported in: 63 DLR (HD) (2011) 71.
.......
Government of Bangladesh and others.........................................Respondents
Judgment
July 29, 2009.
Result:
The Rule is made absolute and the respondents are directed to act as per the direcÂtion made in the body of the judgment.
Lawyers Involved:
Manzil Murs......e should not be declared to be illegal and without lawful authority and why a direction should not be given upon the respondents to arrange sufficient rescue equipments necessary in order to save the life of the citizens in case of disaster caused by earthquake.
2. The facts leading to the issua..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......strict Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, that RAJUK plot No.12, Factory Road, Shyarnpur Kadamtali Industrial Area, allotted in defendant No.1, a private limited compan......defenÂdants were not able to go to the Court and did not produce the evidence before the Court and referred certain orders. It is true that time there was some difÂficulties in enjoyment day to day life. But we find from the lower Court records that all the applicaÂtions filed by defendants for a..Category: Property Law | Date: | Hits: 78
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......d: M Zahir with Shah Muhammad Ezaz Rahman, Advocates ‑ For the Petitioner. Writ Petition No. 985 of 1999. Judgment Md. Marzi ul Huq J. - This Rule was issued calling upon the respondent to show cause as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petition...... 2. The case of the petitioner National Life Insurance Company Limited is that the petitioner is a company registered under the Companies Act, 1913 on 12‑2‑1985 and is engaged in the business of life insurance. The petitioner was promoted by twenty sponsor directors, the share capital of the co..Category: Business or Commercial Law | Date: | Hits: 271
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ....................Appellant Vs. The State………………………….............................Respondent Judgment April 25, 2011. Result: The appeal is allowed. Cases Referred to- 58 DLR 500; 10 DLR (SC) 29; 48 DLR (AD) 294. Lawyers Involved: Abu Taher Md. Saifur Ra.......3 were counted and found correct. Over the self same allegation, there was a departmental proceeding. The appellant was proved to be innocent in the said proceeding. Mirza Monwar Hossain, during his life confessed that he had misappropriated twenty five metric tons of food grains in 1988. 13. P...Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......¦..................................Respondent Judgment April 17, 2011. Result: The appeal is dismissed. Lawyers Involved: No one- For the appellant. Ms. Promila Biswas, Deputy Attorney General-For the respondent. Criminal Appeal No. 936 of 1990. Judgment Md. Ruhul Qudd......r dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellant under sections 302/34 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand in default to suffer imprisonment for one year more. The appe..Category: Criminal Law | Date: | Hits: 74
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......th Jail Appeal No. 842 of 2003). Judgment November 5, 2008. Result: The Criminal Appeal is dismissed with alteration of the sentence and the Jail Appeal is disposed of. Cases Referred to- Mohim Mondal Vs. The State, 15 DLR 615; Sajjan Singh Vs. State of Madhya Pradesh; Dule Singh ......, 2008, unanimously upheld the conviction of all three convicted persons under sections 302/34 of the Penal Code, but differed in their opinion as to whether the sentence of death or imprisonment for life would be appropriate. Khondker Musa Khaled, J. accepted the Reference and dismissed the Jail Ap..Category: Criminal Law | Date: | Hits: 94
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