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Monir Hossain Vs. State, 2012, 41 CLC (AD)
.... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ....... The State, represented by the Deputy Commissioner, Manikgonj………Respondent (In both the cases) Judgment January 9, 2012. Result: The death sentence of the petitioner is commuted to imprisonment for life. Lawyers Involved: A.K. Badrul Huq, Senior Advocate (with Mansurul H......esented by the Deputy Commissioner, Manikgonj………Respondent (In both the cases) Judgment January 9, 2012. Result: The death sentence of the petitioner is commuted to imprisonment for life. Lawyers Involved: A.K. Badrul Huq, Senior Advocate (with Mansurul Huq Chowdhury, Senior..Category: Criminal Law | Date: | Hits: 95
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......-Record-For the Petitioners. Kamrul-ul-Alam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-8 Civil Petition for Leave to Appeal No.2186 of 2009. Judgment Md. Abdul Matin J. - This petition for leave to appeal is ......bdul Hamid was allotted 5 kathas land of plot No.7, Road No.20, Block-J, Baridhara Residential Area, Dhaka by allotment letter dated 16.04.1987 and he made payment of the value of the plot during his life time. Before handing over the plot to him he expired in a hospital in Chittagong on 19.06.1994 ..Category: Civil Law | Date: | Hits: 76
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......¦â€¦â€¦â€¦â€¦Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate, with Murad Reza, Additional Attorney ......sections 302/34 of the Penal Code and sentenced them to death. They along with 12 others were also found guilty under sections 302/109 of the Penal Code and sentenced each of them to imprisonment for life with fine. He, however, found all the accused persons not guilty under section 120B of the Pena..Category: Criminal Law | Date: | Hits: 191
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......nce in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......h expectation were not furnished. Moreover, it was submitted that no opportunity was ever afforded to the applicants to explain the receipts before such enhancements were made. 26. It is a fact of life that no one, particularly in such business of construction, could be expected to earn at the sa..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......ruddin (Md.)……………………Appellant. Vs. State………………..Respondent. Judgment August 12, 2009. Result: The appeal is allowed with modification. Cases Referred to- Anisur Rahman Gazi Vs. State, 59 DLR 488; Abdul Khaleque Vs. State, 40 DLR 493; Abul Kashem ......to take judicial notice of the fact about the present condition of law and order situation in the country and, as such, it is not unlikely that a witness will hesitate to tell a truth for fear of his life.'' Besides, similar notice has been taken in the case between Kashem Vs. State, reported in ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Md. Shahidul Islam and others………….Respondents Order June 23, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioner. Serajul ......s judgment and order found the respondent No.1, including Amir Hossain and Mosharaff Hossain, who are absconding, guilty under sections 302/34 of the Penal Code and sentenced them to imprisonment for life with fine and also found the remaining respondents and other absconding accused guilty under se..Category: Criminal Law | Date: | Hits: 69
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......sdiction) Present: Md. Hassan Ameen J ATM Fazle Kabir J Abdul Mataleb Howlader and others.................. Petitioners Vs. State ………………..Opposite Party Judgment October 25, 2003. Result: Rule issued earlier is discharged. Cases Referred to- Suman alia......he other side in open Court to be picked up from the Court with no hope to return and there is also pressure on his lawyer not to defend him, it is thus difficult to assess the scale of threat to his life or its existence of non‑existence. We have already mentioned earlier that the learned Advocat..Category: Criminal Law | Date: | Hits: 86
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......on) Present: SK Sinha J S Rahman Miah J Hasan Rony…….Petitioner Vs. State…….Respondent Judgment August 22, 2004. Result: The appeal is allowed. Cases Referred to- Emperor Vs. Balmakund, AIR 1931 All 1 (FB); Nishi Kanta Jha Vs. State of Bihar, A 1969 SC 422...... learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned Sessions Judge convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life with fine of Taka 5,000 in default to suffer rigorous imprisonment for 5 months more. 2. Pro..Category: Criminal Law | Date: | Hits: 128
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... Abdus Samad & others.................Petitioners Vs. The State..................Opposite Party Judgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Kha......Krishna Chandra and another Vs. The State) In that case before the Division Bench the appellants were convicted under section 302/34 of the Penal Code and were sentenced to undergo transportation for life. There was an appeal. During pendency of the appeal one of the appellants died but the other re..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... M. M. Rafiqul Hyder................................Appellant Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 42......ment and order dated 23.6.87 found appellant Mir Rafiqul Haider guilty of the charge under section 25B (1) of the Special Powers Act, 1974 and convicted and senÂtenced him to suffer imprisonment for life and to pay a fine of Tk. 10,000/- in default, to suffer rigorous imprisonment for another one y..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appelÂlate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......preme Court High Court Division (Chittagong Bench) (Civil Appellate Jurisdiction) Present: AM Mahmudur RahÂman J Md. Osman………………….......Appellant Vs. Fatema Khatoon & others.....................Respondents Judgment February 16, 1989. Result: Th...... makers to promulgate the Order was to enable persons to institute any legal proceeding which could not be instituted due to atrocities perpetrated by PaÂkistan occupation army disrupting the normal life and activities. The tenants in this case already having had submitted to the jurisdiction of th..Category: Property Law | Date: | Hits: 66
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......awyers Involved: Mr. Tawfique Nawaz, with Mr. A.F.M. Mesbahuddin, Mr. Adilur Rahman Khan, Mr. Md. Asaduzzaman, and Mrs. Kashefa Hussain, Advocates - For the Petitioners. Mr. Salahuddin Ahmed, Attorney General, with Mr. Md. Delower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant At......t it automatically ceased to have its enforceability before the next Sessions of Parliament since the General Election are scheduled to be held in December 2008 and thus the impugned Ordinance in its life time given to it cannot be laid before the next Parliament and as such the impugned ordinance i..Category: Constitutional Law | Date: | Hits: 264
....udges had been achieved as result of a long struggle between the King on the one hand and the people of England, on the other, through their representatives in the Parliament, firstly, by the Bill of Rights, 1689 and thereafter by the Act of Settlement, 1701, through which the salary and the tenure ......cial Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Chowdhury J
Chief Election CommiÂssioner and 3 others....................Petitioners
Vs.
Controller and Auditor General of Bangladesh and 4 others.............Respondents
Judgment
April 18, 2004.
Res...... pension, is equally applicable to the Chief Election Commissioner and other Election Commissioners. It is stated that the members of the Civil Service upon retirement, is entitled to net pension for life after surrender of half of their gross pensions but applies only if they are not re‑appointed..
Category: Employment/Service Law | Date: | Hits: 99
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......s.....................Petitioners Vs. Krishnapada Biswas & others.......................Opposite Parties Judgment June 19, 2002. Result: The Rule is discharged. Case Referred to- Lala Brij Lai Vs. Musammat Inda Kunwar, (1914) 23 Indian Cases 715; Mohammad Nuh Vs. Brij Beh...... and Annadacharan Haldar respectively. The plaintiffs survived Choto Panchi. 3. Under Hindu Dayabagh law of inheritance, the three daughters inherited the suit land left by Paban Mondal in limited life interest only. Then, the daughters died one after another, first Chota Panchi, followed by Jhoh..Category: Property Law | Date: | Hits: 64
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......dhury J Abdur Razzaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, ......18 of 1998 convicting accused appellant Md. Abdur Razzaque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on 3â€..Category: Criminal Law | Date: | Hits: 94
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....t Project has been ensured and the people of the locality welcomed the project and no fundamental right guaranteed under the Constitution has been violated. 22. Since, the violation of Fundamental Rights guaranteed under Articles 31, 32, 40 and 42 of the Constitution has been seriously alleged by......the People's Republic of Bangladesh, and others............Respondent (In both the Writ Petitions) Judgment August 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248 (91 Law Edition) of United States......onstitution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District of Tangail apprehending environmental ill effect of a Flood Control Plan affecting the life, property, livelihood, vocation and environmental security of more than a million of people of ..Category: Environmental Law | Date: | Hits: 1051
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......n……………………Condemned Prisoner Judgment December 3, 1997. Result: The Reference is rejected and Jail Appeal is dismissed. Lawyers Involved: Md. Mansurul Hoque; Deputy Attorney-General - For the State. Md. Khurshid Alam Khan, Advocate - For Condemned Prisoner. Dea......o him by the learned Sessions Judge. We are of the view that leniency should be shown to him and in the above facts and circumstances he should be awarded the alternative sentence of imprisonment for life and fine. In the result, the Reference is rejected and Jail Appeal is also dismissed. Convic..Category: Criminal Law | Date: | Hits: 72
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......on) Present: Md. Abdul Karim J MA Aziz J Nuru Miah and another………………..Appellants Vs. State…………………………………………….Respondent Judgment October 31, 1996. Result: The appeal is allowed. Lawyers Involved: Alaluddin, Advocate-For......8 of 1989 by the learned Sessions Judge, Narayangonj convicting the appellants, namely, Nuru and Mozaffar under sections 302/34 of the Penal Code sentencing them thereunder to suffer imprisonment for life and also to pay a fine of Taka 3,000.00 in default to suffer RI for a further period of 6 month..Category: Criminal Law | Date: | Hits: 56
....rovisions of Rule 5(1), the detenu had not before him any knowledgeable basis of these conclusions or the grounds arrived at by the authority. It is also to be remembered that most of the Fundamental Rights are now susÂpended and the Emergency Powers Rules, 1975, as it stood, made no provision for ......IR 1954 (SC) 179.
Lawyers Involved:
S.R. Pal, Senior Advocate, with S.S. Halder, Advocate, instructed by Aminul Huq, Advocate on-Record - For the Appellant.
Ahmadur Rahman Khan, Additional Attorney-General, B.B. Roy Chowdhury instructed by B. Hossain, Advocate on Record - For the Respondent...... ObaiÂdul Qader and Swapan Kumar Saha were taken into custody along with detenu from his house. They are also in detenÂtion for prejudicial activities. It is statÂed that the detenu in his student life beÂcame General Secretary of the Jagannath Hall unit of the then East Pakistan StudÂent Leagu..
Category: Criminal Law | Date: | Hits: 103
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite party Judgment March 7, 2011. Result: The appeal is dismissed. Lawyers Involved: None appears - For the Appellant. Md. Ensanuddin Sheikh, Assistant Attorney General with Nurul Islam Matubbor, Assistant Attorney General - For the State. Criminal Ap......o. 40 of 1997 arising out of Motlob Police Station Case No. 2 dated 5.4.1995 convicting the accused-appellant Humayun under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- only, in default, to suffer rigorous imprisonment for one..Category: Criminal Law | Date: | Hits: 112
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