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Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

....orous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......ction 4 of the Anti-Terrorism Act is upheld but the sentence of rigorous imprisonment for life is modified to 10 years rigorous imprisonment with fine.  Lawyers Involved: Md. Khurshid Alam Khan, Advocate, (appeared with the leave of the Court), instructed by ASM Khaleq­uzzaman, Advocateâ......................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. ..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

.... of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: T..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ithout any order as to costs. Ed. ..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....e. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......79 CriLJ 1122. Lawyers Involved: Md. Abdur Rouf, Deputy Attorney-General with Md. Ibrahim Khalil, Assistant Attorney-General‑ For the State-Respondent (In all the cases). Shaukat Ali Khan with Fazlul Huq Khan Farid with Rehan Hossain with MM Haq Siddique and Abdus Salam Chaklader, A......hatun................................Condemned Prisoner Judgment            February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....ch, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......petition is dismissed.  Ed. ..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

.... Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistant Attorney-General and Fara Mahmuda, Assistant Attorney-General- For the State-Appellant. Md. Khalilur Rahman‑ For the Condemned Prisoner. Death Reference No.11 of 2001 with Jail Appe...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ......;…Condemned Prisoner Judgment January 20, 2004. Result: The Death Reference is rejected the Jail Appeal is allowed. Cases Referred to- Shamsul Haque alias Shamsul and others Vs. State, 38 DLR (AD) 75; Dahyabhai Chhaganbhai Thakur Vs. State of Gujarat, AIR 1964 SC..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR (AD) 205; Naimuddin Sardar Vs. Md. Abdul Kalam, 41 DLR (AD) 3; Jasimuddin Kanchan Vs. Ali Ashraf, 42 DLR (AD) 289; Mazharul Borhan...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......309 U.S. 267; State of New York and others Vs. United States of America, (1946) 331 U.S. 284. Lawyers Involved: Md. Abdul Awal Mia for Md. Muzibur Rahman - For petitioner. Md. Shoyeb Khan - For opposite party No.1. Civil Revision No.4822 of 2000. Judgment AK Badrul ......7) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

....ned no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ......Karim J Tafazzul Islam J  State ........... Appellant Vs. Moslemuddin (Md) ............ Respondent Judgment  January 19th, 2004 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney ­General, instructed by AM., Md Wahidullah Advocate‑on Record‑For the......itional Attorney ­General, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal Nos. 27 of 1997. (From the Judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992)...

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....d appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......on record of the case, maintain the same conviction of the appellant under section 302 of the Penal Code, as if the same has been passed by the competent Court in Sessions Case". In the case of Eunus Khan, it was observed, "in view of the decision of the Appellate Division the learned Assistant Atto......ate……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Manna..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....e said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......0), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-record- For the Petitioner. Abdur......de of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Sen..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....gistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ......a. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ...... (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Hafizur Rahman & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment January 17, 2004..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

.... this petition merits no consideration. Hence, it is dismissed.  Ed. ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ......p;   Lawyers Involved:  Fida M Kamal, Additional Attorney General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioners. Ataur Rahman Khan, Advocate-on‑Record‑ For the Respondent.  Civil Petition for Leave to ...... Court  Appellate Division (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Secretary, Ministry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent ..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

.... Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......LR (AD); Bangladesh Power Development Board Vs. Md. Asaduzzaman, 8 MLR (AD) 241, Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56. Lawyers involved: TH Khan, Senior Advocate, QC Ajmalul Hossain, Senior Advocate with him, instructed by, Md. Aftab Hossai......n:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....e leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ence has not at all been shaken in the cross‑examination………………………….(26)  Cases Referred to:  Md. Abdul Majid Sarker vs State, 40 DLR (AD) 83; Fateh Khan and others vs State 15 DLR (SC) 51; State of Andhra Pradesh vs Rayavarapu Punnayya and another ......, 1898 (V of 1898), Section 374   The Penal Code, 1860 (XLV of 1860), Section 320   The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

.... appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Syed JR Mudassir Husain J Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants Vs. Hasna Hena Sarker @ Hasna Heba Sarker & or..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....reinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......ts in two appeals. Ed. ..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....ismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ...... as the assistant judge were quite correct in rejecting the prayer for stay……………………….(6)  Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on‑Record‑ For t...... Ed. ..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....dingly the appeal is dismissed.  There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ......with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record-­For the Appellant. SR Karmoker, Advocate‑on‑Record‑ For the Respondent Nos. 1 & 2. Khander Mostafa Selim Husan, Advocate, (appeared with the leave of the Court) instructed by NH Khan......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents  Judgment October 29, 2003. The Limitati..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ase is also Reported in: 56 DLR (2004) 431. ......d calling upon the opposite party State to show cause as to why the order dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal at Comilla (refusing petitioner's narajee petition and thereby accepting the FRT submitted by the police and discharging the accused) in Nari‑o‑Shi..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....te, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......l Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. NI Chowdhury 35 DLR (AD) 127. Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Appellan...... Supreme Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J AS Ahammed J Shamsuddin alias Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Crimin..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414