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Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)

....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ...... Md. Hamidul Haque J Md. Hassan Ameen J Ekramul Huq @ Bachchu and another…………………Appellants Vs. State………….Respondent Judgment March 9, 1999. Cases Referred to- Dharmasena vs. King Criminal Law Journal, 1950 Vol.50 page 1997, Abdul Ghani vs. Emperor Indi...... This appeal at the instance of two convicts who were convicted by the learned Sessions Judge, Feni in Sessions Case No.7/92 under sections 302/201 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for 6 months more. 2. Prosecution..

Category: Criminal Law | Date: | Hits: 90

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....us that Production Sharing Contracts, entered into by the government may not be conducive to public interest. Following that congregation, the executive committee of a body, named “Centre for Human Rights,” at it’s meeting dated 15th September 1998, authorised the petitioners to proceed with a......shtra Vs. Lok Shikshan Sanstha (AIR 1973 SC 588); N. Ramanath Pillai Vs. State of Kerala AIR 1973 SC 2641; Sanjeev Coke Mfg. Co. Vs. Bharat Coking Coal Ltd. (AIR 1983 SC 239); Maharastra SBOS Vs. Paritosh (AIR 1984 SC 1543); Union of India Vs. Cyanamid India Ltd. (AIR 1987 SC 1082); State of UP Vs. ......in accordance with the applicable laws and the generally accepted engineering standards in the petroleum industries round the globe, by paying due regard to the requirement of conservation, safety to life, property, crops, fishing, fisheries, navigation, protection of the environment, prevention of ..

Category: Constitutional Law | Date: | Hits: 231

Abu Sayed Vs. State, 2001, 30 CLC (HCD)

....wound on the right side of the neck above right Clavicle measuring about 1” x 0.25” upto the thoracic cavity. On dissection he found profuse blood and blood clots in and around the issue injured. Right upper lobe was also found injured. He was of the view that death resulted due to the above inj......rising out of Chaatmohar PS Case No.3 dated 7-3-89 and GR No.10 of 1989) convicting the appellant and three others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The appellant along with eight other accused were pu......3 dated 7-3-89 and GR No.10 of 1989) convicting the appellant and three others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The appellant along with eight other accused were put to trial before the above Sessions..

Category: Criminal Law | Date: | Hits: 41

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

....ilitating basti people of the city, and said guideline was adopted at the instance of the Chief Executive of the country based on the Resolution 1993 of 1977 of the United Nations Commission on Human Rights and Resolution No.1991 of 1972 of the United Nations Sub-Commission on Prevention of Discrimi......(HCD) (2001) 540.......rmulated the plan for rehabilitating the basti people. The learned Advocate, referring to Article 15 of the Constitution, submits that the State is under obligation to ensure the basic necessities of life including health, education, shelter, medical care and the right to work. The learned Advocate ..

Category: Property Law | Date: | Hits: 97

Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)

....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......t: Kazi Ebadul Hoque J Md. Awlad Ali J Shahid Mia and anothers………….…Petitioner Vs. State……………………Respondent Judgment December 6, 1998. Cases Referred to- Monjurul Hoque vs. State 14 BLD 604, Dula Miah vs. State 44 DLR 209, Riasat Ali vs. Ghulam Mo......he prosecution case for fear of reprisal at the hands of the illegal armed persons or their accomplices. The appellants are alleged to have been arrested by the police after hot pursuit risking their life with arms and explosive. In this connection it is pertinent to note that in the city of Dhaka m..

Category: Criminal Law | Date: | Hits: 35

Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)

....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rLJ 1981 page 229, 11 BLD (AD) 64 (1991), BCR 1987 (AD) 143, CrLJ 1982 page 2109 PLD 1972 (SC) 81. Lawyers Involved: Mahbubur Rahman, Advocate — For the Petitioners. M A Rouf, Assistant Attorney-General — For the State. Criminal Miscellaneous Case No. 2030 of 1908 Judgment Kaz......College Hospital and in view of such allegations learned Sessions Judge correctly framed charge under section 302/149 of the Penal Code and the offence being punishable with death or imprisonment for life learned Additional Sessions Judge did not commit any illegality in rejecting petitioner’s pra..

Category: Criminal Law | Date: | Hits: 33

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......azlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referred to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Shahriar Rashid Khan vs. Bangladesh and others......07/109 of the Penal Code and sentenced him to suffer rigorous imprisonment for 10 years, Sahidullah guilty under sections 302/307/109/34 of the Penal Code and sentenced him to suffer imprisonment for life and also found accused Salim and the petitioner guilty under sections 302, 307 and 109 and sent..

Category: Criminal Law | Date: | Hits: 52

Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)

....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......e and another ……………………………..Opposite Parties Judgment June 25, 2005. Lawyers Involved: SM Rezaul Karim, Advocate—For the Petitioners. Haleluddin Mollah, Deputy Attorney-General—For the Opposite Party-State. Not represented —the Opposite Party No. 2. Cr......o be hampered. Such apprehension cannot be totally ignored. The accused petitioner Nos. 1-2, being prominent personalities in the field of Journalism, are residing in Dhaka and when their security of life is apprehended if they are to go to Magura frequently in connection with the trial of this case..

Category: Criminal Law | Date: | Hits: 100

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....ted in any other case. 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) 34. ......……………………………………….Appellant Vs. State ………………………………………………………...Respondent Judgment January 12, 2005. Cases Referred to- State vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92, State vs. Mofazzal H......31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 500, in default of payment of which to suffer rigorous imprisonment f..

Category: Criminal Law | Date: | Hits: 41

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

.... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ......………………….Petitioner Vs. Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents. Judgment August 5, 2005. Cases Referred to- Federation of Hotel and Restaurant vs. Union of India and others, AIR 1990 (SC) 1664, Messrs ......cles 14 and 16 is equality and inhibition against discrimination. Now, what is the content and reach of this great equalizing principle? It is a founding faith, to use the words of Bose, J. "a way of life", and it must not be subjected to a narrow pedantic or lexicographic approach. We cannot counte..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......n) Present: Abu Sayeed Ahammed J Annada Prosad Das ……………………Appellant Vs. DC, Khulna and others………….Respondents. Judgment June 28, 2001. Cases Referred to- Mirza Shahab Ispahani Vs. Bangladesh, 40 DLR (AD) 116, Bangladesh Vs. Professor Golam Azam, ......rmanent residents of Bagerhat vis-a-vis, Bangladesh. He had got both moveable and immovable property at Bagerhat. The appellant went to India during the liberation war of Bangladesh for safety of his life and after liberation of Bangladesh, the plaintiff came back to Bangladesh. The defendant No.4, ..

Category: Immigration and Citizenship Law | Date: | Hits: 190

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......ir Hossain (Md.) alias Alamgir Hossain and another Vs. State, 49 DLR 590; Saad Ahmed Vs. State, 35 DLR 41. Lawyers Involved: MA Quddus, Advocate—For the Appellant. Shueb Ahmad, Assistant Attorney-General with Alhaj Md. Mahmud Hossain Assistant Attorney- General —For the State. Crimin......udge, 3rd Court, Comilla in Sessions Case No. 143 of 1983 convicting the appellant Milon alias Shahabuddin Ahmed under sections 302/149 of the Penal Code and sentencing him to suffer imprisonment for life. The appellant was also convicted under section 307 of the Penal Code and sentenced to suffer i..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......ther of deceased Alak Dutta, lodged ejahar with Kotwali Police Station, Barisal stating, inter alia, that his deceased brother Alak Dutta along with their neighbours Kazi Jasim and another Jasim went to Barisal Medical College Hospital to see a patient at about 11-00 PM on 27-10-93 by a motorcycle. ......iqul Islam Royel 3. Md. Yousuf Howlader 4. Sheikh Monakkas alias Pipul and 5. Syed Shafaet Hossain Lamu were convicted under sections 302/34 of the Penal Code and sentenced to suffer imprisonment for life. 7. Being aggrieved the condemned prisoner preferred Criminal Appeal No.1107 of 1997. Convic..

Category: Criminal Law | Date: | Hits: 50

Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)

....re. The victim and her mother told them that brothers of the victim worked in Ghorashal Brickfield. They were very poor. They had no money for litigation. For this reason, on 24‑1‑1998 as a Human Rights Activist, he himself lodged the FIR with Sarail PS against the accused. 4. Then, the polic......hid Alam Khan with Rezbaul Kabir, Md. Zulfiqur Matin and Md. Asaduzzaman, Advocates‑For the Condemned Prisoners. Idrisur Rahman with Shahid Ullah, Advocates‑For the BLAST. Sk Awal, Deputy Attorney‑General with Saifuddin Md. Aminur Rahim, Advocate‑For the State. Death Reference No. 4......g swayed away by any unfounded emotion and sensitivity. 47. There is no dispute that the deceased died of severe burn injuries. The question is what caused the burns which ultimately took away the life of the deceased. It is the case of the prosecution that condemned prisoners caused the burns wi..

Category: Criminal Law | Date: | Hits: 49

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....y view of the Supreme Court definitely held that the grounds specified in the said case could not be accepted as sufficient compliance with the provisions of sub-para (5) of para 2 of the Fundamental Rights of the Pakistan Constitution of 1962 which was in the same terms as Article 33 (5) of the Ban...... Rahman Chowdhury J Mrs. Aruna Sen……….....Petitioner. Vs. 1. Govt. of the Peo­ple's Republic of Bangladesh through the Secretary, Mi­nistry of Home Af­fairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commission­er, Dacca. 4. Depu......l to Pakistan's relations with foreign powers or to the security, the public safety or interest, the defence of Pakistan or any part thereof, the maintenance of supplies and services essential to the life of the community, the maintenance of peaceful conditions in any part of Pakistan or the efficie..

Category: Constitutional Law | Date: | Hits: 291

Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)

.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285.   ......uit was partially decreed against him, he did not lodge any appeal. Nor did any one appear on his behalf during the hearing of this appeal. 3. It has been alleged in the plaint that the defendant stood guarantor for the repayment of a loan for Taka 15,000 (fifteen thousand) the plaintiff granted ......s claim apparently eclipsed by operation of the limitation legislation, subsequent acknowledgment by the defendant/respondent of his liability, a fact that stands immuned from dispute, gave a kiss of life to an otherwise demised claim. In reply to our question. Mr. Hasnat contended that section 19 o..

Category: Banking Law | Date: | Hits: 215

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... Abdul Awal J Alam Kabiraj and others...…………….Convicted Appellants Vs. State…………………………………..Respondent Judgment March 18, 2003. Cases Referred to- State Vs. Sarowaruddin, 5 BLC 451; State Vs. Md. Ali Kibria @ Shahjahan, 43 DLR 512; Nil Rato...... of evidence on record learned court below found accused Alam Kabiraj, Shahabuddin, Abdul Majid, Bashir @ Bashar guilty under sections 302/34 Penal Code and convicted each of them to imprisonment for life and also to pay fine of Taka 5,000 each in default to suffer rigorous imprisonment for 6 months..

Category: Criminal Law | Date: | Hits: 42

Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......ন বরাবরে ১৫.২.২০০৯ তারিখে নিম্মলিখিত Rule Nisi জারী করেনঃ ”Let the Rule Nisi be issued calling upon the respondent to shoew cause as to why the insertion of the word “চিকিrসা প্রতিষ্ঠ......লে সংশ্লিষ্ট আইনটি অবৈধ হইবে। ১৬. এই প্রসঙ্গে ৩২ অনুচ্ছেদে ব্যক্ত জীবন বা "life" এর অর্থ অনুধাবন করা প্রয়োজন। "জীবন" ..

Category: Health Law | Date: | Hits: 391

Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)

....ks is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......10. Lawyers Involved: Khandker Saiful Huq, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2009. (From the judgment and order dated the 30th day of March, 2006 passed b......eference No. 11 of 2004 affirming the death sentence of the petition No.1 dismissing his Criminal Appeal No. 222 of 2004 with Jail Appeal No.147 of 2004 and upholding the con­viction and sentence of life imprisonment of petitioner No.2 passed by the Additional Sessions Judge, Sunamganj in Sessions ..

Category: Criminal Law | Date: | Hits: 43

State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)

....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......n Criminal Petition No. 42 of 2009) Ripon ................Respondent (In Criminal Petition No. 43 of 2009) Arju ................Respondent (In Criminal Petition No. 44 of 2009) Judgment October 6, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instruct­ed by B. Hossain,......d Arju guilty under sections 302/120B and 34 of the Penal Code and sentenced Iqbal kabir alias Ratan, Rafiq and Prince to death with a fine of Tk.10,000.00 each and Ripon and Arju to imprisonment for life with a fine of Tk.5,000.00 each in default to suffer rigorous imprisonment for 6(six) months mo..

Category: Criminal Law | Date: | Hits: 47