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Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......ely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, not a mere scrap of pa...... saw that about 6 unknown dacoits inside their dwelling house and they were carrying deadly weapons like Pistol, Ram Dao and Chenicr. The dacoits, by putting the inmates of the house into the fear of life, had looted cash currency, gold ornaments and other articles. While the dacoits were leaving th..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......
Saiful
Islam Chowdhury and others........................Respondents
Judgment
June
7, 2012.
Result:
Appeal
is dismissed.
Lawyers Involved:
Rajik-Al-Jalil,
Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record—For
the Petitioners.
Must...... legal heirs who have inherited his 10 acres leaseÂhold land. The other lessee Syed Muhammad Ullah gifted
his lease-hold 10 acres of land to
the writ petitioner No.1 by way of oral deed during his life time. Thus all the
writ petitioners have been enjoying possession over the entire 20 acres of ..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....st of the State and its citizens. On the other hand, it is also the duty of the Courts to implement the legal provisions enacted by Parliament, which in a democracy is done by the will of the people. Rights and benefits accruing to a citizen, be he an accused or otherwise, have to be ensured an...... allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.2967 of 2002 (criminal appeal was dismissed) is set aside. Cases Referred to- Joginder Singh Vs. State of Punjab, AIR 1979 SC 1876; Bimal Das Vs. the State, 14 BLD (AD) ...... terms of actus-reus but for the doctrine of mens rea, anyone who caused actus-reus would be guilty of offence. Suppose it is an offence for a Muslim being married to marry any other woman during the life time of his wife. The actus-reus of this offence is complete if A marries B while still married..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......o the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ...... amount of U$S 59,500 has been kept in the said account. The petitioner informed the problem regarding services of equipment in late 2009 after four years of installation which is quite normal as the life span of some equipments are only five years and after a certain period need to be upgraded in b..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....rpretation is inextricably linked with the (i) emergence of Bangladesh and framing of its Constitution, (ii) the Preamble and Article 7, (iii) Fundamental Principles of State Policy, (iv) Fundamental Rights and (v) the other provisions of the Constitution." 14. While discussing on point (i......not only be Injunctive but also Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may include the,......ensatory costs and, as such, the appeals are liable to be dismissed. Mr... Moudud Ahmed then submits that since the detenues' fundamental right to freedom of assembly, right to protection of life and personal liberty as guaranteed by the Constitution have been invaded by the Detaining Autho..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......l, Senior Advocate and Azim Khair, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, 2010 passe......, it was stated, inter alia, that his father being the legal owner and in possession of the property in question filed Miscellaneous Case No.355 of 1968 (name of the Court not mentioned) during his life time against Peerzada Abul Kashem and Mahmood Hossain Siddique for correction of the record of..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......gabandhu Sheikh Mujib Medical University (BSMMU) & others………Defendant Respondents Judgment May 27, 2012 Result: The appeal is allowed. Cases Referred to- Nur Muhammad Vs. Mainuddin, 39 DLR (AD); Abul Khair (Md.) Vs. Pubali Bank Ltd, 53 DLR (AD) ......nt arrangement must be made forthwith. This new Province also requires rapid and energetic development in the matter of communication, commerce and industries and supplies and services to made public life easy under the new conditions. To enable the Government to take all these question with speed a..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......nance, Bangladesh Secretariat, Ramna, Dhaka and others...........Respondents (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases Referred to- General Medical Council Vs. Spackman (1943) AC 644-645; Kanda Vs. Government of Malaya (196......nfraction of not merely property or personal rights but of civil liberties, material deprivations, and non-pecuniary damages. In its wide umbrella comes everything that affects a citizen in his civil life." 43. After making above observation, the learned Judge travelled the globe to explor..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......er Vs. Md. Kamal Hossain alias Md. Kamal Pramanik........Respondent Order April 29, 2012. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not repre......f her by administering some herbal medicine, but could not be successful. But the condition of victim girl being deteriorated, she was taken to a clinic where miscarriage had to be caused to save the life of the victim. Thereafter the victim and her parents requested the accused-respondent and his f..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and ParliamenÂtary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......ide one or the order has been passed on some extraneÂous consideration or how far the order is fair and reasonable it can certainly be examined and decided by the Court. The Court cannot be debarred to examine the decision making process and the corÂrectness of the decision itself……………â€......he judicial hand must be stretched to it." 20. In the above case Shri Doodh Nath, an MLA of the Uttar Pradesh Assembly, was convicted of the offence of murder and sentenced to imprisonÂment for life. But within a period of less than two years, he succeeded to come out from prison as the Govern..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......33 of 2010). Ahsanul Karim, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-1......e, Court No.7, Dhaka. In those appeals the Commission prayed for addition as respondent on the ground that it being an independent organization having power to inquire, investigate, conduct cases and life appeals against appealed orders of the Special Judge is a necessary party with a view to defend..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......sult: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as a whole as set out in the earlier stage Ve......material contradictions in his testimony from the FIR.......... (15) Justice would be best served if the sentence awarded against the appellant is altered into one for imprisonment for life with fine. The appellant could not be solely saddled with the "short gun fire injury ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......ining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of justice, Tribunal Judges are empowered to try any other related offences simultaneously The offences under sections 302/201/34 of the...... the accused petitioners and others for the offence under sections 7/8 and 30 of the aforesaid Ain, 2000 and convicted accused petitioner Nos.1-2 and sentenced each of them to suffer imprisonment for life and acquitted the accused petitioner No.3. 6. The learned Sessions Judge, Jamalpur also to..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lso Reported in: ......r Rahman, advocates-for the respondent No.2. Writ Petition No.10027 of 2011. Judgment Mirza Hussain Haider J. - The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the decision to automatically upgrade the high profile state dignitaries, s......ct all, both in and outside the country, to act in accordance with the same, without fail and thereby maintain the image, status and dignity of all the dignitaries of the country in all aspects of life. However, there will be no order as to cost. 17. Let a copy of this judgment be com..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is disÂmissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the Hi......enal Code and sentenced him to death. Convict-appellants Uzzal Barua and Saiful Islam alias Babu were convicted under sections 302/109/149 of the Penal Code and sentenced to sufÂfer imprisonment for life and also to pay a fine of Tk. 10,000/- each, in default to suffer rigorous imprisonment for 1 (..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......ite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General- For the Opposite Party. Criminal Miscellaneous Case No.10245 of 2005. Judg......ishu Nirjatan Case No. 48 of 2003 convicting the petitioner under section 10(2) of the Nari-o- Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Informant, Sanjoy Kumar Das (P.W.5) lodged an ejahar with Moulvibazar Police Station ..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
....is also Reported in:
.......
Lawyers Involved:
Manzill
Murshid, Advocate-For
the petitioner.
Abdul Baset Majumder with M. Sayed Ahmed, Advocate-for the
Respondent No. 5.
A.B.M.
Altaf Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant
Attorney General-For the Respondents.
Writ
P......s application by invoking Article 102 of the
Constitution as public interest litigation.
5. The matter involves public importance. As per Article 32
of the Constitution the Peoples’ right to life is guaranteed as a fundamental
right. But by way of creating some obstructions medical treatme..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......mp; Others……………….....Respondents Judgment February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramo......using Corporation reported in CDG Law Journal 210 (SC) 462 wherein it was held that:— "The preamble and various Articles in Part IV of the Constitution promotes social justice so that life of every individual becomes meaningful and he is able to live with human dignity. The..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......... ………............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of th......…............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Divisio..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......ry 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of t...... defendant No.1 (hereinafter referred to as the defendant) in respect of the second schedule land at a Nazrana of Taka 300 and at the yearly rent of taka 40-00. But the defendant during the life time of the predecessor-mutawalli, Asidullah and after his death did not pay the Nazrana and th..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
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