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Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)

....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......m J Aftabur Rahman……………………Petitioner Vs. State……………………Opposite Party Judgment July 26, 1993. Result: The Rule is made absolute. Cases Referred to- Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakis......ondition of the accused on production before him prior to the impugned order of remand and thus the learned Magistrate has failed to perform his judicial duties with vigilance in the protection ‑of life and liberty of a citizen as guaranteed by law. 29. In the case of Jahangir Lai Vs. Emperor r..

Category: Criminal Law | Date: | Hits: 87

Shamsuddin Vs. The State, 1990, 19 CLC (HCD)

....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ...... Shamsuddin………………………Petitioner Vs. The State……………………Opposite Party Judgment December 10, 1992. Result: The appeal is dismissed. Cases Referred to- State Vs. Kalu Bepari, 43 DLR 249; Rezaul Haq and others Vs. State, 42 DLR 440. Lawyers In.......34 of 1986. The learned Sessions Judge by his judgment dated 26.4.1987 found this appellant guilty of the charge under sections 302/201 of the Penal Code and sentenced him to suffer imprisonment for life under section 302 of the Penal Code and also sentenced him to suffer rigorous imprisonment for ..

Category: Criminal Law | Date: | Hits: 66

Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)

.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......¦â€¦.Appellant. Vs. Anowar Hossain…………………………………………………….. Respondent. Judgment July 31, 2011. Result: The Appeal is allowed. Cases Referred to- Asha B.V. Kadir B., (1909) 33 Mad 22, Abdul Kaidr V. Salina, (1886) 8 All. 149(155), Moung Ky......t. The Court of appeal below also evaluated the evidence on record afresh and arrived at the conclusion that the respondent failed to prove by adducing reliable evidence that he did not lead conjugal life with the appellant, that despite that there was no kabinnama, they lived as husband and wife wh..

Category: Family Law | Date: | Hits: 318

SM Abdur Rob Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others, 1991, 20 CLC (HCD)

....s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ...... December 19, 1991. Result The application is summarily rejected. Lawyers Involved: Habibul Islam Bhuiyan with Asaduzzaman, Advocates ‑ For the Petitioner. AY Salehuzzaman, Deputy Attorney General ‑ For the Respondent No.1. Writ Petition No. 3096 of 1991. Judgment Fazle ......etitioner has stated that he was convicted in Pabna Sessions Case No.64 of 1985 on 29.3.86 under sections 302/109 of the Penal Code by Sessions Judge, Pabna and sentenced to suffer transportation for life along with others. Against the said Judgment and order of conviction and sentence he preferred ..

Category: Election Law | Date: | Hits: 129

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

.... 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: 55 DLR (2003) 328.......pari, 43 DLR 249; State Vs. Shafiqul Alam alias Rafiq, 43 DLR (AD) 92. Lawyers Involved: MA Quddus with Masuda Rehana Begum, Advocates‑For the Accused‑Appellant. Snigdha Huq, Assistant Attorney‑General with Md. Robiul Karim, Assistant Attorney‑General‑For the Respondent‑State. ......corresponding to Iswarganj PS Case No. 2(9)90 under sections 302/201/34 of the Penal Code convicting the accused‑appellant under section 302 of the Penal Code and sentencing him to imprisonment for life and to pay a fine of taka five thousand, in default to suffer rigorous imprisonment for six mon..

Category: Criminal Law | Date: | Hits: 51

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... and others………………..…….....Appellants Vs. State………………………………………………………….Respondent Judgment January 28, 2003. Cases Referred to- Abdus Satter Vs. State, 46 DLR (AD) 239; State Vs. Roisuddin, 48 DLR 517; Rafiqul Islam Vs. S......ated 10‑6-1991 passed by the learned Sessions Judge at Faridpur in Sessions Case No. 08 of 1991, which convicted the appellants under sections 302/149 and sentenced each of them to imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for a further perio..

Category: Criminal Law | Date: | Hits: 60

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ...... Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. Lawyers Involved: MI Farooqui with M. Salem Ullah, Advocates ‑ For the Pe......deed No.1772. She duly got possession of the disputed house and continued to possess this house. During the war of liberation in 1971 she had to take shelter temporarily in Dhaka in order to save her life leaving the disputed house under lock and key. After liberation of Bangladesh the petitioner re..

Category: Property Law | Date: | Hits: 75

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......ddin Sarker J Kazi Ebadul Hoque J Narendra Nath Biswas…………………Appellant. Vs. Sunil Kumar Biswas………………Respondent Judgment August 1, 1993. Cases Referred to- 35 DLR (AD) 315; Smt. Jaswant Kaur Vs. Smi. Amril Kaur, AIR 1977 (SC) 74; Parash Chandra Bhow......arash Chandra Biswas really executed such a will his wife, the contesting defendants and villagers must have known about the same. Plaintiff never attempted to take probate of the alleged will during life time of the widow of Parash. Plaintiff with the help and in collusion with his dishonest partym..

Category: Property Law | Date: | Hits: 78

Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)

....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ...... and upholding the judgment and order of conviction and sentence dated 20.8.1998 passed by the learned Judge, Special Tribunal, Court No.3, Jessore in Special Tribunal Case No.5 of 1998 corresponding to G.R. No.158 of 1987 convicting the appellant under Section 19 A of the Arms Act read with Section......sponding to G.R. No.158 of 1987 convicting the appellant under Section 19 A of the Arms Act read with Section 26 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of Tk. 5000/- in default to suffer rigorous imprisonment for one year mo..

Category: Criminal Law | Date: | Hits: 76

State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)

....and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Azharul Islam alias Badal and another………………...Respondents Judgment March 15, 2009. Lawyers Involved: S.M. Abdul Mabin, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner. Nawab Al...... in respect to respondent No.1 and dismissing those respect to the respondent No.2 and acquitting the respondent No.1 and commuting the death sentence of the respondent No. 2 to that imprisonment for life. 2. The prosecution case, in brief, is that on 29.8.2002 Dr. Md. A. Huq Molla, the informant..

Category: Criminal Law | Date: | Hits: 56

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ...... Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejhar Miah Vs. Shaher Banu, 2 BLC AD 20=49 DLR (AD) 85; 4 BLC (AD) 191; 39 DLR (AD) 237; AIR ......g residen­tial to commercial plot Exhibit-26, Exhibit-27 is the certified copy of power of attorney being No.15902 dated 21-12-03 with photo execu-tated by Engineer Shamsul Kabir Humayun Reza in his life time in favour of Eastern Housing, exhibit 28 is the original received copy of RAJUK by which o..

Category: Property Law | Date: | Hits: 100

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ...... J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. Cases Referred to- Sk Shamsur Rahman alias Shamsu Vs. State, 10 BID (AD) 251 = 42 DLR (AD) 200; Md Abul Kashem V......d of more than 5(five) years and has been suffering mental agony of death within the death cell, we are of the view that Justice would be met if we modify the sentence of Shahin into imprisonment for life instead of death. 84. In the result, we pass the following orders: (A) The reference is r..

Category: Criminal Law | Date: | Hits: 76

Shahin Alam Vs. The State, 2010, 39 CLC (HCD)

....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115.  ......Appellate Jurisdiction)  Present:  Md. Abu Tariq J Md. Abdul Hye J Shahin Alam............Convict-appellant. Vs. The State.....................Respondent Judgment October 11, 2010. Cases Referred to- Gaziour Rahman Vs. The state, 10 B.C.R at page 236. Lawy......, Court No. 3, Jhenaidah, in Special Tribunal Case No. 29 of 1996, convicting tine accused appellant under section 19 (A) and 19 (f) of the Arms Act 1878 and sentencing him to suffer imprisonment for life for each of the offences. 2. Facts necessary for disposal of the appeal is that the informan..

Category: Criminal Law | Date: | Hits: 56

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176....... Bivash Chandra Biswas, Advocate-on-record-For the Petitioner. Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1. Not represented- Respondent No.2-3. Civil Petition for Leave to Appeal No.1055 of 2008. Judgment MM Ruhul Amin CJ. - This petition for leave to appeal is d......mpelled him to leave the cinema hall and at present the defendant No.2 and her grandson defendant No.1, with the help of other sons and brothers have been running her cinema hall business. During the life time of Monsur Rahman, the plaintiff used to visit her father's house in different times but ne..

Category: Property Law | Date: | Hits: 70

Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)

....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......gladesh, represented by the Secretary, Ministry of Food and others, 4 MLR (AD)359; M A Gafur and another Vs. Government of Bangladesh 56 DLR (AD) 205. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner (In both cas......moted to the post of Sub-Inspector and both of them passed the required the service-examinations and were qualified for promotion to the post of Inspector as far back in 1999 and during their service life, they got more than 70 awards, as recognition of their meritorious service and that while they ..

Category: Employment/Service Law | Date: | Hits: 47

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam 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) 136.......man J Taslimuddin alias Tasir and 3 Others....................Condemned Prisoners Appellants. Vs. State ……………….… Respondent. Judgment November 13, 1991. Cases Referred to- Hasan Ali & another Vs. State, 38 DLR 235; Abdul Aziz & another Vs. State, 33 DLR 402......luI Huq and recorded their statements. Afsar and Fazlul Huq have not been mentioned in the charge sheet as witnesses. He got the copy of judgment of the case which was filed by Masharuddin during his life time against accused Nawshad, Reazuddin but he did not prepare any seizure list with regard to ..

Category: Criminal Law | Date: | Hits: 76

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......an Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others……………………..Respondents Judgment November 15, 2011. Case Referred to- State of Bihar and others Vs. Pandey Jagdishwar Prasad (2009) 3 Supreme Court Cases 117. L...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......………Petitioner Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others………………Represented. Judgment December 12, 1991. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner Rawalpindi, 1970 PLD (SC) 1; Sabitri Takurani Vs. ......urt Division‑ (a) certifies that the case involves a substantial question of law as to the interpretation of this constitution; or (b) has sentenced a person to death or to transportation for life; or (c) has imposed punishment on a person for contempt of that division; and in such oth..

Category: Civil Law | Date: | Hits: 87

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

....n this connection is the case of Riggs Vs. Palmer (1889) 115 NY 506, 22 NE 188. This case is cited by Ronald Dworkin as an example of a principle overriding the normally applicable legal rule; Taking Rights Seriously, London, 1977. 13. A more recent English Case, Davitt Vs. Titcumb (1989) 3 AUER......, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent Judgment March 3, 2010. Cases Referred to- Riggs Vs. Palmer (1889) 115 NY 506, 22 NE 188; Davitt Vs. Titcumb (1989) 3 AUER 417. Lawye......of the policy. Just over two years later Julie was murdered by Titcumb. The insurance premiums had been paid to date and the policy was still on foot. Titcumb was convicted of murder and sentenced to life. The issue confronting the Court was what to do about the murderer's share. It was decided that..

Category: Employment/Service Law | Date: | Hits: 204

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......m…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is make absolute. Cases Referred to- Abdul Hoque Vs. Government of Bangladesh, 33 DLR 113; 1982 BLD (AD) 143; Government of East ......rious democratic movements the petitioner was arrested once in 1955, then in 1964 but he was released by the order of the Dhaka High Court on Habeas Corpus petition; that the petitioner dedicated his life for the establishment of Islamic Social Justice in all spheres of the society and he became the..

Category: Immigration and Citizenship Law | Date: | Hits: 343