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Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......Alam Chowdhury ..........Petitioner Vs. Shirin Alam Chowdhury..........................Opposite Party. Judgment January 24, 1991. Result: The Rule is made absolute. Case Referred to- Moinuddin (Md.) Vs. Amina Khan Majlish, 42 DLR 483. Lawyers Involved: Md. Fazlul Karim......orn to the opposite party on 25.7.71 and the second daughter was born to them on 27.7.79. The petitioner had taken care of and given attention to the opposite party and tried to live a happy conjugal life and the petitioner took the opposite party to the different parts of the world while he was ser..Category: Family Law | Date: | Hits: 230
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......r Rahman & others.......................Appellant Vs. The State……………………………………………...............Respondent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: ......owever, found all the 9 accused guilty under section 148 of the Penal Code and found only accused Dilip and Mostafa guilty under sections 302/34 of the Penal Code and sentenced both of them to suffer life imprisonment as also a fine of Taka 5,000/‑ for each of them. He further found accused Mokles..Category: Criminal Law | Date: | Hits: 61
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......ammel Hoque J State...........................Petitioner Vs. Kalu Bepari...................Opposite Party. Judgment January 30, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Obaidur Rahman Mostafa, Assistant Attorney General, MA Rouf, Advocate ‑ For ...... and the condemned prisoner has two minor children and so the sentence or death should be commuted. Regard being had to the facts and circumstances of the case we are of the view that the sentence of life imprisonment will meet the ends of justice. In the result the Reference is rejected and the ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......msul Haque (Md.) .......................Appellant‑Petitioner Vs. The State ........................................Respondent‑Opposite Party. Judgment April 1, 1990. Cases Referred to- Elahi Bux Vs. State, (1987) 39 DLR 164; 1985 BLD page 335; 23 DLR (Peshwar) 12; Rahman Gul V......e tried under sections 302/34 of the Penal Code and ultimately the father was acquitted but the son appellant was convicted under sections 302/34 of the Penal Code and sentenced to transportation for life and a Fine of Rs. 1,000.00 or in default to suffer 2 years RI further. The appellant Rahman Gul..Category: Criminal Law | Date: | Hits: 70
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230............Appellant Vs. The State ............................Respondent. Judgment February 6, 1991. Lawyers Involved: AKM Faiz, Advocate ‑ For the Appellant. Shamsul Alam, Deputy Attorney General with Hafizul Bari, Advocate ‑ For the State. Criminal Appeal No. 340 of 1989. ......r that such women may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced 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 ..Category: Criminal Law | Date: | Hits: 68
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......hman Khan J Fahim Al Haque (Minor) and another ............Petitioners Vs. Mohammad Abdul Aziz and others................Opposite Parties. Judgment February 11, 1990. Cases Referred to- Ram Bahadur Pal and others Vs. Ram Shankar Prankar Prasad Pal, ILR 27 (All) 688; Ali Ahmed V......authority though the suit plot has not been partitioned amongst the co‑sharers, the defendants were trying to construct building on the valuable portion of the above plot. So they were compelled to life above suit with a prayer for temporary injunction. 3. The defendant Nos. 1 and 2 contested t..Category: Property Law | Date: | Hits: 59
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......zi Shafiuddin J Shaikh Baharul Islam...........................Appellant Vs. The State ...........................................Respondent. Judgment April 25, 1990. Cases Referred to- State of Behar Vs. Lat. Mahto, AIR 1955 Pat. 161; Abdus Saltar Vs. State, PLD 1979 Kar 72; B......riminal acts only makes an accused liable yet as an exception to this general rule, a man may be equally guilty if he omits to do what is required of him as a general member of the public to save the life of a person who but for his timely assistance may be done away with. 24. Mr. Huq argues that..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......1 of 1987. Judgment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, inter alia, that plaintiff is a statutory corporation created under PO No.28/72 for the purpose or operation, promotion and development o......rocedure, 1998 (Act V of 1998), a Court trying under this Chapter any offence may award any punishment provided for the offence. (2) in a case where a shipping casualty has resulted in any loss of life or injury to person or property, or damage to any inland ship and the Court trying an offence i..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......ahajaban and others, 43 DLR 512; Waris and others Vs. State 1982 Pak. Cri. Law Journal 720. Lawyer Involved: ABM Golam Majid, Advocate ‑ For the appellants. Shah Azizur Rahman, Assistant Attorney General with AQ Rashid Ahmed, Advocate ‑For the State. Criminal Appeal No. 379 of 1986. ......Judgment AKM Sadeque J.- The appellants Md. Shajahan, Md. Mosleuddin and Md. Sakur Ali have been convicted under sections 302/34 of the Penal Code and sentenced to suffer rigorous imprisonment for life in a trial before the Sessions Judge, Jhenidah in Sessions Case No. 26 of 1986. 2. The prose..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......urendra Kumar Sinha J Md. Riaz Uddin Khan and another ……………..............Petitioners Vs. Mahmudur Rahman and others……………………………….Respondents Judgment October 11, 2010. Cases Referred To- The Queen Vs. Gray (1900) 2QB 36; E.M. Sankaran Namboodripa...... of the Courts have to be respected and protected at all costs, otherwise, the very cornerstone of our constitutional scheme will gave way and with it will disappear the rule of law and the civilized life in the society. It is for this purpose that the Courts are entrusted with the extraordinary p..Category: Criminal Law | Date: | Hits: 124
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ...... Petitioner. Abdul Quayinn, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the High Court ...... namely, Provash Chandra Banik, Suvash Chandra Banik, Chandan Chandra Banik and Khokan Chandra Banik, who are the defendants Nos.1-4 of the instant suit. Later the said Paresh Chandra died during the life time of his father Gobinda Chandra Banik. In the year 1970 Gobinda Chandra Banik at his old age..Category: Property Law | Date: | Hits: 75
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......e Bhuiyan J Mainur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. ......bdul Awal Mia and some unknown persons with the help of the police forced the defendant No. 1 to sign a written statement against the will of the defendant No. 1 and this defendant out of fear of his life and criminal assault handed over the charge and signed the written statement. At that time a ke..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......l of the rule may be stated as follows: The opposite party Nos. 1‑4 as plaintiffs instituted Title Suit No. 228 of 1986 in the 1st Court of the Subordinate Judge, Dhaka for declaration of title to the suit property and for permanent injunction restraining the defendants from treating the suit ......rt may where such person does not appear, or appears but fails so to satisfy the Court, impose upon him such fine not exceeding five hundred (Taka) as it thinks fit, having regard to his condition in life and all the circumstance of the case, and may order his property, or any part thereof, to be at..Category: Property Law | Date: | Hits: 78
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......titioner. SK Sinha with Mahbub Ali, Advocates ‑ For the Opposite Parties. Civil Revision No. 270 of 1980. Judgment KM Hasan J.- This rule was issued calling upon the opposite party No.1 to show cause why the order passed on 26.10.79 by the Subordinate Judge, Sylhet, in Misc. Appeal No.......cultivator but in its cause title the profession of the pre‑emptor is clearly stated as "গৃহস্থী" the dictionary meaning of which is a "house holder" but in the context of the village life in Bangladesh and in a wider sense it includes a cultivator also. If the purchaser pre‑emptee..Category: Property Law | Date: | Hits: 72
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......tra, 1996 (Cri) 198; State of Andhra Pradesh Vs. Bimal Krishon Kundu, AIR 1997 SC 3589; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General (with Akramul Haque, Assistant Attorney-General), instructed by Sufia Khatun, Advocat......cial discretion, may release a person accused of non-bailable offence. But if there is reasonable grounds for believing that he may be guilty of an offence punishable with death or imprisonment for life, he may not be enlarged on bail. 10. Both section 496 and section 497 envisages a person who..Category: Criminal Law | Date: | Hits: 89
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ................................ ..Respondent. Judgment January 4, 1990. Lawyers Involved: Serajul Huq with SAM Mahbub Elahi, Advocates ‑For the Appellants. AKM Shamsul Karim, Assistant Attorney‑ General ‑For the State. Criminal Appeal No. 265 of 1978. Judgment Md. Badruzzam......ons Case No. 22 of 1976 convicting the 4 (four) accused‑ appellants, for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there under to transportation for life. 2. The prosecution case, in short, is that on Wednesday, the 26th Chaitra, 1381 BS correspo..Category: Criminal Law | Date: | Hits: 74
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......t Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......er sections 302/201/34 of the Penal Code and sentenced this present appellant to death and sentenced the other appellant Hannan and absconding co-accused Hanif and Mannan to suffer imprisonment for life with varying amount of fine, in default, to suffer rigorous imprisonment for a further period o..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......……………………...Appellant Vs. Keramat Ali & another ...........................Respondents Judgment August 11, 2010. Lawyers Involved: Zahirul Hoque Zahir, Deputy Attorney-General instructed by B Hossain, Advocate-on-Reord—For the Appellant. Abdul Basel Majumd......rim and accordingly by his judgment and order dated 8th March, 1989 found the accused-respondents guilty of the charge under sections 302/34 of the Penal Code and sentenced them to imprisonment for life. He, however, found the other accused not guilty of the charge and acquitted them accordingly..Category: Criminal Law | Date: | Hits: 90
.... any Court of law or in writ jurisdiction of the! High Court Division. It is, however, to be remembered, that but for the exception contained in Article 45, protection available under the Fundamental Rights Chapter will, of course, be enforceable to the extent permitted by the Constitution."
We d.....................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386; Md. Serajul Islam Vs. Director General......ly in accordance with 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 no action durimeni.11 to the life, liberty, body, reputation or property of any person shall be taken except in accordance with l..
Category: Employment/Service Law | Date: | Hits: 79
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... Vs. State……………………………………………………………………Respondents Judgment September 3, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Karim Vs. State and others, 1981 BLD, (AD) 200; Sultan Muhammad Vs. Crown 1955 PLD Laho...... into a decision in the case of State Vs. Manzoor Ahmed reported in 18 DLR (SC) 444 wherein it has been observed as follows: "In the exercise of self defence a man can only take another person's life in self defence if he could show that he was the victim of such an assault is would have reason..Category: Criminal Law | Date: | Hits: 86
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