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Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......ahman Khan J Abu Taleb………………………..Appellant Vs. State.....................Respondent Judgment November 30, 1988. Result: The appeal is allowed. Cases Referred to- Safar Ali and others Vs. The state, 36 DLR 185; Munowar Ahmed Vs. The State, 8 DLR (SC) 157......ction 164 of the Code of Criminal Procedure (Ext.3) alleged to have been made by the accused appellant before the Magistrate. In order to determine whether the prosecution has been able to bring home life offence under section 397 of the Penal Code against the accused appellant and whether the Judgm..Category: Criminal Law | Date: | Hits: 84
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ...............Petitioner Vs. The Election Commission & others............................Opposite Parties Judgment December 15, 1988. Result: The Rule is discharged. Case Referred to- Master Shamsul Hoq Vs. Republic of Bangladesh, Writ Petition No.637 of 1988. Lawyers Inv......lection was held at Kuruin polling station as the outsiders had attacked that polling station and snatched away ballot materials from the custody of the Presiding Officer, who also out of fear of his life fled away from that polling station leaving behind the other election materials. As a result th..Category: Election Law | Date: | Hits: 161
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......e appellant Siddiqur Rahman in absentia under Section 6 of the Control of Essential Commodities Act, 1956 i.e., Act I of 1956 read with Section 25 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 5 (five years. Another accused Shah Alam was also charged along ......of the Special Powers Act, 1974 reads as follows:- "(1) Whoever is found guilty of the offence of hoarding or dealing in the black-market shall be punishable with death, or with transportation for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be..Category: Criminal Law | Date: | Hits: 74
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ..........................Petitioner Vs. The District Magistrate & ors.....................Respondents Judgment January 10, 1989. Result: The Rule is made absolute. Cases Referred to- 18 DLR (SC) 214; 40 DLR (Dhaka) HCD 364; 31 DLR (AD) 1; 27 DLR (HCD) 496; 38 DLR (HCD) 93; 4......r may refuse to disclose facts which such authority consider to be against the public interest to disclose." And Article 32 of the Constitution provides that- "No person shall be deprived of life or personal liberty save in accordance with law." Again Section 8 of the Special Powers Act, ..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......etitioner Vs. State ........................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No. 1483 of 1992 with 1449, 2230, 2098, 1696, 1302...... special circumstances, in contradiction to the general rules of the law laid down as applicable generally to all cases with which the general law deals. If a convict is sentenced to imprisonment for life in proceedings under special law his appeal will be dismissed even if the appeal is delayed by ..Category: Criminal Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......rooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑1991 passed by the Subordinate Judge,......ving behind four sons Ambika Charan, Sashi Kumar, Satish Chandra and Nishikanta to inherit his interest in equal share, Nishikanta died leaving behind his widow Manada Sundari to inherit his share as life estate holder. Manda Sundari died on 19‑12‑88 without any issue and her life estate devolve..Category: Property Law | Date: | Hits: 65
....urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......Electrical Industries Limited and another…………………Petitioner
Vs.
Sena Kalyan Sangstha and others……………Opposite Parties
Judgment
November 18, 1992.
Cases Referred to-
SK Ghandy Vs. LP Pugh, AIR 1924 (Cal) 598; VN Bhajekar Vs. KH Shinkar and ors, AIR 1934 (Bom......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749...
Category: Company Law | Date: | Hits: 181
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ...... Revisional Jurisdiction) Present: SM Hossain J Md. Miftahuddin Chowdhury J Azam Reza...............Accused-Petitioner Vs. State..................... Opposite Party Judgment October 2, 2004. Result: The Rule is discharged. Cases Referred to- Ashraf Ali Munshi Vs. ......f his first wife, in their wedlock she has a son aged about 2½ years. The marriage of deceased Joyanti with him was her third marriage and she seems to be mentally imbalanced and used to live a fast life; she could not tolerate his sick first wife and her two children, she used to return home at la..Category: Criminal Law | Date: | Hits: 96
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......t No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of possession of the suit land described in the schedule to the plaint.
3. The case of the plaintiff, in short, was that he along with Khirode Chandra Dey......dra took settlement of 1.59½ acres land of schedule No.1from Hasmat Ali. Purna Chandra died leaving his wife Basheswari and only daughter Austokumari. On the death of Basheswari Austokumari acquired life interest in the share of Purna Chandra. Austokumari died childless in 1974. Thus the plaintiff,..
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: .................... Respondent Judgment February 27, 2012. Result: Leave is granted. Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dat......that Article 103 of the Constitution has been amended by Act No.14 of 2011 whereby it is now provided that if the High Court Division upholds the sentence of death or imposes the sentence of death or life imprisonment upon any accused then the accused shall be entitled to prefer appeal as of right b..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ...........................Respondent Judgment February 23, 2012. Result: Leave is granted. Lawyers Involved: A. B. M. Bayzid, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 12 of 2008 (From the judgment and order dat......e and awarded death penalty and at the same time appellant Monjur Ahmed alias Monju and another absconding accused Sotyajit alias Haripada Pal were also found guilty and sentenced to imprisonment for life and also to pay a fine of Tk. 50,000/-, in default to suffer rigorous imprisonment for one year..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ...... Leave is granted. Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 2009 passed ......(petitioner) and Babul Mia (petitioner) who faced the trial under sections 302/34 of the Penal Code and sentenced said Morshed Alam to death while the other accused were sentenced to imprisonment for life and also ordered them to pay fine of Tk.20,000/- each, in default to suffer rigorous imprisonme..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......espondent Judgment January 12, 2011. Result: The appeal is allowed. Lawyers Involved: A.K.M. Shahidul Huq, Advocate on Record - For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal ...... the Penal Code. The learned Additional Sessions Judge found the appellant and co-accused Gopal Karmaker guilty under sections 302/109 of the Penal Code and sentenced each of them to imprisonment for life with a fine of Tk.5,000/= in default, to suffer rigorous imprisonment for two years more. He, h..Category: Criminal Law | Date: | Hits: 81
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... State…………………Petitioner Vs. Abul Hashem………………….Condemned Prisoner Judgment November 10, 1997. Result: Death References are rejected. Case Referred to- 8 BLD (AD) 109. Lawyers Involved: Syed Aba Kowser, Assistant Attorney-General - For the......r dated 23-10-92 learned Sessions Judge convicted all the five accused under section 396 of the Penal Code, sentenced accused Abul Hashem to death and sentenced other four accused to imprisonment for life with fine and further convicted accused Nos. 1 and 3 under section 412 of the Penal Code and se..Category: Criminal Law | Date: | Hits: 66
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ...... and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, on the basis of applicant's erroneous return for the assessment year 1972‑73 and his contribution towards construction of the building, that the applicant is the real owner of the house property in ......itted statement disclosing net property income at Tk. 35,337.00 and claimed deduction of Tk. 6,600.00 as expense for keeping Darwan and Sweeper. He also claimed deduction of interest on bank loan and life policy loans for Tk. 1805.00. The Deputy Commissioner of Taxes assessed the income of the asses..Category: Fiscal/Taxation Law | Date: | Hits: 110
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......Siraj Mal and others……………………Appellant Vs. State………………….Respondent Judgment December 7, 1992. Result: The appeal is allowed in part. Cases Referred to- Prafulla Kumar Bhattacharjya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR 123; Gh......rder that such woman may be forced or reduced to illicit intercourse, or knowing it to be likely that she will be forced or reduced to illicit intercourse, shall be punishable with transportation for life or with rigorous imprisonment for a term which may extend to fourteen years and shall also be l..Category: Criminal Law | Date: | Hits: 69
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......by the Secretary, Ministry Home Affairs, Bangla Secretariat, Dhaka & other………………….Respondents Judgment June 4, 1997. Result: The Rule is made absolute. Cases Referred to- Nesar Ahmed Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bulbul Vs. The Gover...... of Taka 2,000.00 each, in default to suffer RI for a further period of 2 years, while the other two accused persons namely, (1) Fazlur Rahman and (2) Ayub Ali Paik were sentenced to imprisonment for life. 6. All the convicts except the petitioner preferred Tribunal Appeal No: 282 of 1978 before ..Category: Criminal Law | Date: | Hits: 79
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......ers Vs. AKM Shamsuddin & others..........……………………………………Opposite Parties Judgment November 30, 1995. Result: The rule is discharged. Cases Referred to- AIR 1956 (Cal) page 428; 35 DLR (AD) 42. Lawyers Involved: Ziaur Rahman Khan, Advocate......tion for Mymensingh Dhaka Coach Owners Association and no constitution could be given by committee whose term had expired 6 months earlier, and therefore, no such legal committee could extend its own life with retrospective effect from 2 years to 3 years. And those arbitrary and high handed and unla..Category: Civil Law | Date: | Hits: 85
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......llants Vs. State……………………………………………………………………..Respondent Judgment July 17, 1994. Result: The appeal is allowed. Cases Referred to- Abdul Hakim and others Vs. State, 43 DLR 389; Ruston Ali Vs. State, 9 BLD (1989); 43 DLR 512.......mely, Alaluddin @ Alauddin, Majibor Rahman and Sadir, and two others accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life, and three other accused persons namely, Gopal Chandra Dey, A Rashid and Mirash were found not ..Category: Criminal Law | Date: | Hits: 74
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ...... Fazle Kabir J Emdadul Hoque.................... Accused Appellant Vs. State…………………………………………………Respondent Judgment March 7, 2004. Case Referred to- State Vs. Khadem Mondal, 1990 BLD (AD) 228. Lawyers Involved: Golam Rabbani-For the Acc......f 1994 (Lalmonirhat) corresponding to Lalmonirhat PS Case No. 4 dated 7‑10‑1994, convicting the accused appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life along with a fine of Taka 5,000 in default to suffer rigorous imprisonment for a further period..Category: Criminal Law | Date: | Hits: 76
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