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Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......zal Hossain alias Mofa and others…………………Accused-Appellants Vs. State………………………………………………………………………..Respondent. Judgment October 25, 2004. Cases Referred to- State Vs. Rafiqullah Khan, 7 BLC 480; Uster Ali Vs. State,......bur Rahman alias Habi. Accused Mofa demanded money and gold by pointing a weapon towards him. Accused Dulahar and Habibur Rahman pointed daggers to his wife and demanded ornaments and for the fear of life his wife gave those ornaments and cash Taka 2,000. The dacoits also assaulted him and his wife ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......king Corporation, 31 NYS 2nd 631 (1941); Edward Owen Engineering Ltd Vs. Barclays Bank International Ltd. [1978] 1 Lloyd's Rep 166 = [1978] 1 All ER 976; Limited Trading Corporation SA and Murvay Clayton Ltd Vs. Allied Arab Banks, [1985] 22 Lloyd's Rep 554; Handerson Vs. Canadian Imperial Bank of Co......inster Bank Ltd. and others, [1977] 2 All ER 862 Justice Kerr termed the instrument as "the blood of international commerce." With due respect, the instrument of letter of credit appears to us as the lifeline in international trade and commerce. 95. In order to fully comprehend the implicatio..Category: Business or Commercial Law | Date: | Hits: 289
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......id Ahmed J Shawkat Ali (Md.) and others……………………Petitioners Vs. Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 2......s of Articles 27 and 31 of the Constitution. Article 27 envisages equality before law whereas Article 31 guarantees protection of law and, in particular; it prohibits detrimental action in respect of life, liberty, body, reputation or property except in accordance with law. Special provisions have b..Category: Environmental Law | Date: | Hits: 551
.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441.......d another……………..Petitioners
Vs.
Bangladesh, represented by the Secretary, Ministry of Works and others.................... Respondents.
Judgment
June 21, 2004.
Cases Referred to-
Messrs Kasturi Lal Lakshmi Reddy, etc. Vs. State of Jammu & Kashmir and another, AIR 198...... submitted that the State cannot do as it pleases and is required to abide by the law of the land.
9. Mr. Alam next submitted that protection of the environment is part of the fundamental right to life. In support of his submission, he has referred to the decision in the case of M Saleem Ullah, A..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution nev......d by the learned Additional Sessions Judge, 3rd Court, Dhaka in Session Case No. 291 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 10,000 in default to suffer rigorous imprisonment for one year m..Category: Criminal Law | Date: | Hits: 70
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......…………………………………………..Appellant Vs. State ……………………………………………………..Respondent. Judgment April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. Sta......d Additional Sessions Judge, 4th Court, Mymensingh in Session Case No. 66 of 2002 convicting the appellant under Part-II of section 314 of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case, in brief, is that deceased Sarifa Akter, wife of Md Rafiqul Islam ..Category: Criminal Law | Date: | Hits: 55
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......n @ Rajib Ullah.................Appellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; ......olice officer who investigated the case by framing the charge under section 304 of the Penal Code. The learned Sessions Judge erred in law in failing to consider that offences involving loss of human life, culpable homicide ranks, in point of gravity, next only to murder, but the punishment prescrib..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......…………………………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1, 2006. Cases Referred to- Paran Chandra Barai Vs. State, 6 BCR (AD) 225; State Vs. Faruqur Rahman and Others, BLT's Sp......ay a fine of Taka 10,000 and also sentenced the remaining appellants Mokbul Hossain Mukul, Ear Mohammad alias Earu, SM Masum Billa, Dulal (absconding) and Masum and sentenced them to imprisonment for life under sections 302/34 of the Penal Code and to pay a fine of Taka 5,000, in default, to suffer ..Category: Criminal Law | Date: | Hits: 236
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.....................................Appellant Vs. State…………………………………………………………………………..Respondent. Judgment April 9, 2006. Case Referred to: 1972 Criminal Law Journal (Madras High Court) 1641. Lawyers Involved: Md. Khalilur Rah...... learned Additional Sessions Judge, 2nd Court, Bogra, in Sessions Case No.92 of 2000 convicting the accused-appellant under section 304 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 5000, in default, to suffer rigorous imprisonment for one year. ..Category: Criminal Law | Date: | Hits: 93
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335....... Howlader and others……………………….Appellants Vs. State …………………………………………………………..Respondent. Judgment May 9, 2006. Case Referred to- Kawsar-un-Nessa and another Vs. State, 1995 BLD21 =48 DLR 196. Lawyers Involved: Md. K......s Case No. 69 of 1993. By that judgment the six appellants were found guilty of the charge under section 302 read with section 34 of the Penal Code and each of them were sentenced to imprisonment for life and also to pay a fine of Taka 2000 in default, to suffer rigorous imprisonment for 1 (one) yea..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......…………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment April 24, 2006. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin and others, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. P......ntested by the defendant No. 1 by filing a written statement. The case of the defendant, in short, is that the suit land of first schedule of the plaint originally belonged to Babu Ram and during his life time Babu Ram Singh sold out 30 decimals of land out of plot No. 1675 by a registered deed date..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......……Opposite Parties. Judgment March 9, 2006. Lawyers Involved: Not represented—the Petitioner. Md. Taherul Islam, Advocate—For Opposite Party No. 1. Fahima Nasrin, Deputy Attorney-General—For the State. Criminal Revision No. 760 of 1999. Judgment Md. Imman Ali J......pter VII of the Penal Code, or under sections 216A, 328, 382. 386, 387, 388, 389, 392, 393, 397, 398, 399, 401, 402, 455 or 458 of that Code, or an offence punishable with death or transportation for life, or (b) Any female person is convicted of any offence other than an offence punishable with ..Category: Criminal Law | Date: | Hits: 97
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment October 24, 2005. Lawyers Involved: Abdul Malek with Md. Shahjahan, Advocate—For the Accused-P......inadequate to mention. The learned Additional Attorney-General has taken us to the provisions, laid down in section 475 of the Penal Code where the punishment has been prescribed for imprisonment for life or with imprisonment of either description for a term which may extend to seven years and shall..Category: Criminal Law | Date: | Hits: 60
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ...... Kazi Rashed Akhter Shahid (Prince)…………………Petitioner Vs. Rokshana Choudhury (Sanda)………………………..Opposite Party. Judgment February 27, 2006. Cases Referred to- Serajul Islam Vs. Helana Begum, and others, 48 DLR 48; Shafiqul Islam and others Vs. State, ......e learned Senior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and for restitution of conjugal life and also further prayed for a decree of dower of Taka 3,00,000 and for maintenance at the rate ..Category: Family Law | Date: | Hits: 184
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ...... Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 27 DLR (AD......sed the same sentiment as follows: A politician must be trustworthy, and if he is found out telling a lie or if he is discovered in even a small financial dishonesty, he can bow himself out of public life. If a Minister of the Crown or Member of Parliament conducts his personal or official affairs i..Category: Information Technology Law | Date: | Hits: 324
Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......te……………………………………………Opposite party Judgment May 18, 2011. Lawyers Involved: S.M. Obaidul Haque, Advocate -For the petitioner. Bashir Ahmed, Assistant Attorney General -For the Opposite party. Criminal Miscellaneous Case No. 15844 of 2007. Judgmen......al, Rajbari in Nari-O-Shishu Nirjatan Damon Case No.179 of 2005 conviction the petitioner under section 9 (1) of the Nari-O-Shishu Nirjatan Damon Ain,2000 and sentenced him to suffer imprisonment for life with a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 (two) year more sh..Category: Criminal Law | Date: | Hits: 57
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
..... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......isdiction) Present: Md. Hassan Ameen J AFM Mesbahuddin J Shah Alam and others………...Petitioners Vs. State.………..Respondent Judgment July 18, 2000. Cases Referred to- Abul Khayer and three others Vs. State, 46 DLR 212; Babul alias Abdul Majid Khan and others V......n report case in details. She said about entering of dacoits in her house by breaking open the door numbering 10/12 and looting of various materials from her house by the dacoits at the threat of her life on the date and time as alleged. She found to have proved the ejahar Exhibit-1 and her signatur..Category: Criminal Law | Date: | Hits: 67
....the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
......ে কবলা পাওয়ার অধিকার waive করিয়াছেন। এবং বর্ণিত অপর জারী ২০/৮৫ ইং মামলা বাতিল infructous, জারী অযোগ্য এবং তৎদ্বারা মূল বিবাদ......t suit for purchase of the suit land at Taka 3,30,000/-, out of which Taka 33000/- was paid as earnest money. The defendant No. 1 and 2 procured Income Tax Clearance Certificate on 24.12.1970 and the life of the said Income Tax Clearance Certificate was valid till 31.3.1971. ultimately the defendant..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....t of such inconsistency, be void. He submitted that, therefore section 6(2) of the Ain, 1995 is void. He further expounded his argument by referring to Article 5 of the Universal Declaration of Human Rights (UDHR), 1948 which is reflected in Article 35(5) of our Constitution, and Article 6 of Intern......'s Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR 1986 Supreme Court 1773; Hussain ......t candidly submitted that he will not argue that our Constitution does not at all permit the imposition of death penalty. The fundamental tenets of his argument are: “no person shall be deprived of life or personal liberty save in accordance with law” (Article 32); "no person shall be subject to..Category: Criminal Law | Date: | Hits: 128
Shahidul Vs. State, 1998, 27 CLC (HCD)
....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......iminal) Present: Md. Nurul Islam J Md. Hassan Ameen J Shahidul…………….. Petitioner Vs. State ………………..Respondent Judgment August 13, 1998. Cases Referred to- Mofazzal Hossain Mollah and others vs. State 45 DLR (AD) 175 & Md. Sher Ali and others vs......inating articles are explosive substance as defined under section 4 of the Explosive Substances Act and that there is nothing on record to show that the incriminating articles were likely to endanger life or cause serious injury to person or property in danger. He thereafter submits that there is no..Category: Criminal Law | Date: | Hits: 33
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