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Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......e J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1990. Cases Referred to- Amir Md. Vs. Mst Bushra, AIR 1956 Raj. 102; AKM Ruhul Amin Vs. District Judge, Bhola, 38 DLR......ed if she returned to her husband's house; that father and sister's husband of the plaintiff are very prosperous businessman and it was not believable that they were responsible for breaking conjugal life of the plaintiff; that there was no proof that the defendant No. 1 ever went to bring his wife ..Category: Family Law | Date: | Hits: 210
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512....... Md. Ali Kibria @ Shahajahan ............................Appellant Vs. The State......................................................Respondent. Judgment March 6, 1990. Case Referred to- Waris and others Vs. The State, 1982 Pak. Crl. Law Journal 720. Lawyers Involved: Md. ...... flight to one's imagination and phantasy. It concerns itself with question as to whether the accused arraigned at the trial is guilty of the crime with which he is charged. Crime is an event in real life and is product of in display of the different human emotions. In arriving at conclusion of the ..Category: Criminal Law | Date: | Hits: 93
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......1A of the Code of Criminal Procedure wherein at the instance of the accused petitioner Mir Amir Ali a Rule was issued by this Court on 2nd April, 1990 calling upon the Deputy Commissioner, Gaibandha, to show cause as to why the proceeding of GR Case No.57 of 1985 pending in the Court of Upazila Magi......servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with transportation for life or with imprisonment of either description for a term which may extend to ten years, and shall ..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......pecial Judge), Rangpur in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imp......pecial Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imprisonment for six month mor..Category: Criminal Law | Date: | Hits: 91
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......abibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- Nadir Ali, 1960 CrLJ 188; Shaikh Shahidul Islam Vs, State, 44 DLR (AD) 192; Nisar Ahmed Vs. T...... on the deposits fraudulently and dishonestly misappropriated an amount of Tk. 200 crores as banker and committed offence under section 409 of the Penal Code which is punishable with imprisonment for life. The petitioner by committing criminal breach of trust by practising fraud is said to have crim..Category: Criminal Law | Date: | Hits: 125
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......abibur Rahman Khan J Muhammad Abdul Mannan J Dr. Kazi Mozammel Hoque...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) ......ng her a few questions for testing her maturity of understanding. It seemed to us that the girl is mature, intelligent and sharp and has got sufficient knowledge and understanding of the realities of life. She stated that she voluntarily left her father's house at the time while she was major and sh..Category: Criminal Law | Date: | Hits: 80
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ...... Surendra Kumar Sinha J The State .....................................................Petitioner Vs. Dipu Mondal ...................................................Respondent Order October 7, 2010. Lawyer Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hos......itnesses but the defence examined none. The learned Sessions Judge on assessment of the evidence on record found the accused-respondent guilty of the charges and sentenced him to imprisonment for life with a fine of Tk.1000/-, in default to suffer rigorous imprisonment for1 (one) year more. The ..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264........ Lawyers Involved: AFM Mesbauddin, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.350 of 2009. (From the judgment and order dated 12.2.2008 passed by the High Court D......code, to which, they pleaded not guilty and claimed to be tried. The learned Additional Sessions Judge found them guilty under section 302/149 of the Penal Code and sentenced them to imprisonment for life with fine. The learned Judges of the High Court Division maintained the conviction of sentence ..Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......rul Haque J Nantu Biswas and others.................................Petitioners Vs. The State ……………………………………………………………Respondent Judgment October 20, 2009. Case Referred to- Krishna Mochi and others Vs. State of Bihar, AIR 2002 Suprem......t of the learned Additional Sessions Judge, Kushtia wherein respondent-petitioners were found guilty of the charge under section 302/34 of the Penal Code and were sentenced to suffer imprisonment for life. 2. The facts, in short, are that on 20.04.1988 at about 8:45 A.M. the informant along wit..Category: Criminal Law | Date: | Hits: 48
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......y J Habibur Rahman Khan J Anwar Hossain Monju....................Petitioner Vs. The State.....................................Respondents. Judgment July 10, 1991. Cases Referred to- Latif Mirza's case, 31 DLR (AD) 1; Sajeda Parvin Vs. Government of Bangladesh, 40 DLR (AD) 1......that order after it lapsed or before it lapsed without surrender as a fugitive has no protection in law and hence it can be argued that the first detention order having not been challenged during its life time, the proceeding taken for violation of a notification to surrender arising out of that fir..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......seruddin Ahmed J Habibur Rahman Khan J Tariq Habibullah....................................Appellant Vs. The State.............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: ......5. Judgment Habibur Rahman Khan J. - The accused appellant Tariq Habibullah has been convicted under section 302 of the Penal Code and sentenced thereunder to suffer rigorous imprisonment for life by the Additional Sessions Judge‑In‑Charge, 4 Court, Dhaka in Sessions Case No. 1207 of 198..Category: Criminal Law | Date: | Hits: 116
Alamgir and others Vs. State, 2010, 39 CLC (AD)
....to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......the Petitioners. Not represented- the Respondent. Criminal Review Petition No.31 of 2009. (From the judgment and order dated 11.08.2008 passed by this Division in Criminal Petition for Leave to Appeal No.138 of 2008.) Judgment Md. Abdul Matin J. - This review petition is directed agai......als were disposed of by the High Court Division. The appeal in respect of the convict petitioner Alamgir was allowed in part with modification of sentence from sentence of death to imprisonment for life and appeal in respect of petitioner Faruque was dismissed. Rule issued in Criminal Miscellaneou..Category: Criminal Law | Date: | Hits: 59
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......tabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answer a charge under section 302/109 Penal Code. Each of the above named appellants was found gu......harge under section 302/109 Penal Code. Each of the above named appellants was found guilty to the charge framed against each of them and convicted thereunder and sentenced to suffer imprisonment for life and to pay a fine of Taka 1000/‑, in default, the property of each appellant was ordered to b..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......resent: Md. Mamtaz Uddin Ahmed J Naima Haider J Giasuddin Ahmed and others.................Petitioners Vs. Bangladesh and others………………………Respondents Judgment October 11, 2010. Cases Referred To- 48 DLR (AD) 20; 49 DLR 257. Lawyers Involved: Rokanu...... in accordance withy law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular mo action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with l..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......Md.) Vs. State 14 BLC 59; Rehatullah Vs. State, 13 DLR 750; The State Vs. Basirullah,16 DLR 189. Lawyers Involved: Joya Battacharia, Advocate-For the appellant. Md. Moniruzzaman, Assistant Attorney General with Kazi Mahmudul Karim, Assistant Attorney General -For the respondent. Criminal...... by learned Additional Sessions Judge, Pirojpur, in Session Case no. 29 of 1989 convicting the appellant in absentia under Section 326A of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case as projected in the First Information Report and unfurled at trial..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......tate……………………………………………………………..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensanuddin Sheikh and Md. Nurul Islam Matubber, Assistant Attorney-Generals-......Police Station Case No. 6(3)92 corresponding to G.R. No.30 of 1992 convicting the appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that one Saiful Islam, brother of the deceased, Habl..Category: Criminal Law | Date: | Hits: 69
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ...... allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and also lives in the suit‑holding along with two monthly tenants; that h......6.88 to execute and register the necessary sale‑deed but that having been refused, the plaintiff petitioner has been constrained to institute the present suit; defendant No.1 since dead, during her life‑time filed a written statement on 18.9.88 to contest the suit contending, inter alia, that sh..Category: Procedural Law | Date: | Hits: 76
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......hmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liversidge Vs. Sir John Anderson and another (1942 AC 206); Golam Jilani Vs. Government of W...... Avenue residence where he is now being detained.
3. It is stated in the application that the detenu had actively participated is the student politics and democratic movements during his student‑life; that he obtained his MA degree from the University of Dhaka and was called to the Bar as a Bar..
Category: Constitutional Law | Date: | Hits: 178
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....that within the modern concept of custody and other matters concerning children, there is a requirement that the child should be allowed to express his views. (see Article 12 of the Convention of the Rights of the Child (CRC) quoted below). This is a small progression from section 17(3) of the Guard......-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the High Court ......ccess may be afforded to either parent is a most delicate one. A wrong decision may create a traumatic situation for the child, which would result in indelible psychological damage throughout his/her life. In this context it would be wise to allow the child to freely express his/her views so that th..Category: Family Law | Date: | Hits: 327
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......e plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the defendant by publication and circulation of a ......f a very respectable family from the District of Bakerganj. The plaintiff's father was a medical practitioner and his wife is also a Professor and all his sons are highly educated and well settled in life. This witness testified that he filed a petition under section 500 BPC in the Court of SDO, Dha..Category: Civil Law | Date: | Hits: 89
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