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Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)

....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......o Reported in: 49 DLR (HD) (1997) 18. ......of his sons redeeming the property from mortgage by taking advance from his sons. This fact also finds support from the fact that the Waqf was never enrolled with the Administrator of Waqf during his lifetime. It is in evidence that the same was enrolled in 1956 during the life of Ishaque Rashid, th..

Category: Trust/Waqf Law | Date: | Hits: 165

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

....ection we may mention that the Act of Settlement 1700 passed by the English Parliament, not only Provided for the succession to the throne, but added important provisions complementary to the Bill of Rights (1688) to the effect that no person who has in office or place of profit under the King or re...........................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule is discharged. Cases Referred to- Farid Mia Vs. Md. Amjad, 42 DLR (AD), 13; Wares Miah Vs. The People's Republic of Bangladesh,......nt are directly controlled and guided under the supervision of the different Ministries of the Government. They enter into the service at certain age and retire from service at certain later stage of life. They all get their remunerations, salaries, retirement benefit and other benefits directly fro..

Category: Constitutional Law | Date: | Hits: 200

Ripon Howlader Vs. State, 2009, 38 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......smissed. Lawyers Involved: S.M. Shahjahan, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of March, 200......2004 rejecting the Death Reference and dismissing the aforesaid criminal appeals with modification so far as it relates to the petitioner to the effect that he is sentenced to suffer imprisonment for life and to pay a fine of TK. 5,000.00 in default to suffer rigor­ous imprisonment for 3(three) yea..

Category: Criminal Law | Date: | Hits: 81

Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)

....ntence of the peti­tioners is commuted to rigorous impris­onment for 14 (fourteen) years. The sen­tence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......e judgment and order dated the 15th day of June, 2008 passed by the High Court Division in Criminal Appeal No.3787 of 2001). Judgment Mohammad Fazlul Karim J.- This Criminal Petition for Leave to Appeal is directed against the judgment and order dated the 15th day of June, 2008 passed by the ......e in Nari-O-Shishu Nirjatan Daman Case No.9 of 2001 convicting the petitioners under Section 7 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 sentencing all of them to suffer rigorous imprisonment for life and to pay a fine of TK. 10,000.00 each in default to suffer rigorous imprisonment for one 2(tw..

Category: Criminal Law | Date: | Hits: 70

Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)

....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......cted by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-25. Civil Petition for Leave to Appeal No. 645 of 2009. (From the judgment and order dated 21.01.2009 passed by the High Court......y son Yeasin who died leaving behind five daughters, the pre-emptor and opposite party Nos. 6 to 9, and two sons, opposite party Nos. 4 and 5. He had another daughter named Mirjan who died during his life time. Shamser Ali died leaving behind heirs, opposite party Nos.10 to 13, and Hosenuddin died l..

Category: Property Law | Date: | Hits: 58

Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)

....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......Record-For the Petitioner. M.I. Farooqi, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos.3-5. Civil Petition for Leave to Appeal No.2671 of 2010. (From the judgment and order dated 05.10.2010 passed by the High Court...... Md. Chulai acquired that land by purchase from one Sattar Mia by Kabala dated 18.4.1952. The said Md. Chulai died leav­ing 06 sons and one wife Sakhina Khatun, his other wife Rabaya died during his life time. The three sons of Md. Chulai name­ly Md. Rawshan, Md. Asgor and Md. Sabdar who are sons ..

Category: Property Law | Date: | Hits: 76

ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)

.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205........Opposite Party Judgment August 29, 1991. Result: The Rule is discharged. Lawyers Involved: Sirajul Huq with Ahmed Ali, Advocates ‑ For the Petitioner. M Shamsul Alam, Deputy Attorney‑General with SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Miscella......in that melee the Chairman Jasimuddin by putting a revolver at the chest of the informant, the Presiding Officer and Upazila Kanungo, forced him to put his signature in some papers and out of fear of life he did it. At 2‑30 afternoon people came on the spot and also the Additional Deputy Commissio..

Category: Criminal Law | Date: | Hits: 85

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......), Government of Bangladesh, Bangladesh Secretariat, Dhaka and others……………………..Respondents Judgment December 19, 1991. Result: The Rules are discharged. Cases Referred to- Anwar Hussain Chowdhury Vs. State, 1989 BLD (Spl.) page 1; Kesavananda Vs. State of Kerala, A......Article 93 the President is to act under the advice of the Prime Minister which cannot be inquired into by any Court. The Ordinance has the full force and effect of an Act of the Parliament but the life of the Ordinance is limited and it shall be laid before the Parliament at its first meeting f..

Category: Constitutional Law | Date: | Hits: 461

Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)

....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......................Respondents Judgment January 15, 1992. Result: The rule is made absolute. Lawyers Involved: Abdul Malek, Advocate -for the petitioner, AY Salehuzzaman, Deputy Attorney‑General - for the respondents. Writ Petition No. 2631 of 1991. Judgment Abdul Jali......tigated them and by his direct instigation those women organised “ঝাড়ু মিছিল”on 7.7.91 and attacked the residence of the Attorney‑General and there was apprehension of loss of life and that some sections of women organised “বিক্ষোভ মিছিল”on. 2.11.9..

Category: Criminal Law | Date: | Hits: 81

Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)

....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ed (Md.) alias Khorshed…………………….Appellant Vs. State ………………………..Respondent Judgment May 17, 1999. Result: The appeal is dismissed. Cases Referred to- State Vs. Basirullah, 16 DLR 189; Dhani Bux Vs. State, 1964 PLD Karachi 264. Lawyers Invol......ed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.49 of 1992 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 1,000.00 in default to suffer RI for two months more. 2. The ..

Category: Criminal Law | Date: | Hits: 54

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......iz Ahmed as opposite party No.5 respectively, contending, inter alia, that alter a prolonged amorous relationship between Shajahan (opposite party No.1) and the petitioner Jahan the same culminated into its cherished goal i.e. marriage between them at a dower of Taka 1 lac through a kabinnama regist......ublic and the Magistrate first class, Brahmanbaaj are collusive and forged. It is further stated that Jahan comes of a respectable family while Shahjahan in reputed to lead an immoral and anti-social life. Besides that Shahjahan is unemployed while Jahan is a student of Cheora Degree College which i..

Category: Family Law | Date: | Hits: 166

Ismail Vs. State, 1999, 18 CLC (HCD)

....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497....... State………………..Respondent Judgment July 5, 1999. Result: The appeal is allowed. Lawyers Involved: MA Gaffar, Advocate — For the Appellant. Md. Mustafa, Assistant Attorney-General — For the State. Criminal Appeal No. 1026 of 1992. Judgment Md. Hamidul Ha......tence passed by the learned Additional Sessions Judge, Mymensingh in Sessions Case No.130/94 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay fine of Taka 3000.00 in default to suffer RI for one year more. 2. The appel..

Category: Criminal Law | Date: | Hits: 74

Almas Miah Vs. State, 2002, 31 CLC (HCD)

....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......ed by Mr. Abul Hossain Khandokar, Assistant Sessions Judge, Court No.2 at Narsingdi in Session Case No.36 of 1997, which convicted the appellant under section 489B of the Penal Code and sentenced him to suffer rigorous imprisonment for ten years and also to pay a fine of Taka 1,000 in default to suf......affics in or uses as genuine, any forged or counterfeit currency note or bank‑note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall..

Category: Criminal Law | Date: | Hits: 87

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ...... Ali Akbar (Md.)………………..Petitioner Vs. State and others …………………….Respondents Judgment 14 May, 1998. Result: The Rule is discharged. Cases Referred to- 47 DLR 478; 47 DLR 420; Abdul Aziz Vs. Sekand Ali, 50 DLR 111. Lawyers Involved: Khursh......is cousin Dawan Ali went to his paddy land to supply water from the Deep Tube Well and at that time accused Matin and Kader resisted Tofazzal and attempted to assault him and Tofazzal for fear of his life ran to the house of victim Tamizuddin for shelter. At this victim Tamizuddin, his mother P.W.2,..

Category: Criminal Law | Date: | Hits: 64

State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)

....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......8. Result: The Criminal Miscellaneous Case is disposed of and the opposite party is exonerated from the charges brought against him. Lawyers Involved: Mansurul Hoque Chowdhury, Deputy Attorney-General with MA Rouf Assistant Attorney-General Moshfiqur Rahman, Assistant Attorney-General ......t the opposite party in view of his reply denying the two main allegations and considering the positions held by him in the past and his length of practice as an Advocate who is at the fag end of his life and legal practice. 10. We have considered the allegations made by the learned Judges agains..

Category: Criminal Law | Date: | Hits: 92

Golam Mostafa Miah (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others, 1988, 17 CLC (HCD)

....without lawful authority and are of no legal effect. In the result the Rule is made absolute without however any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 248.......ngladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents Judgment November 4, 1988. Result: The Rule is made absolute. Cases Referred to- 42 DLR (AD) 214; Bangladesh Vs. AK Al-Mamun and others, 1 MLR (AD) 1996 161; Madras Vs. AR Sr......istry of Establishment which on consideration of the recommendation of the forum will take necessary action with intimation to the Ministry of Establishment about the action taken in that behalf. The life of the forum was extended by notification dated 11-1-92 upto 30-6-92 and pursuant to the said n..

Category: Employment/Service Law | Date: | Hits: 73

State Vs. Tota Mia, 1997, 16 CLC (HCD)

....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......pellant Vs. Tota Mia………………Condemned Prisoner Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sentence is commuted to imprisonment for life. Death Reference is rejected....... Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sentence is commuted to imprisonment for life. Death Reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-Gener..

Category: Criminal Law | Date: | Hits: 74

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ...... State………………………………………………………………………………….Respondent Judgment January 27, 2002. Result: The appeal is allowed. Cases Referred to- Ustar Ali Vs. State, 3 BLC (AD) 53; Bhuboni Safer Vs. the King ILR, 76 India Appeals 147; Lut......ned Additional Sessions Judge, Rajshahi in Sessions Case No. 78 of 1990 convicting the accused appellant under sections 302/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 1,000 (Taka one thousand) in default to suffer rigorous imprisonment ..

Category: Criminal Law | Date: | Hits: 71

State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)

....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......…………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule is made absolute. Cases Referred to- Shunil Bhatra Vs. Delhi Administration, 1980 AIR (SC) 1579; Shila Barse Vs. Union of India, 1......etention of the detenu Nazrul Islam illegal and directing his release from jail custody, but we are sorry that neither we nor any power on earth can give him back the golden period of 12 years of his life which he lost in different jails of Bangladesh without any fault. Had there been no report from..

Category: Criminal Law | Date: | Hits: 97

Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535....... Khandaker Mahbub Hossain, Senior Advocate instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. For the Respondent-None repre­sented. Criminal Petition for Leave to Appeal No.96 of 2009. (From the judgment and order dated the 13th day of January, 2009 passed ......ssions Judge by his judg­ment and order dated 17.01.2005 found the petitioner along with 6 others guilty under sections 302/34 of the Penal Code and sentenced each of them to suffer imprisonment for life. The learned Additional Sessions Judge also found the 3(three) other accused guilty under secti..

Category: Criminal Law | Date: | Hits: 52