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State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......in J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to- Abdul Motaleb Howlader Vs. State, 6 BLC (AD)1; State Vs. Fazu Kazi alias Fazlur Rahman and ot......reover, she has been languishing in the condemned cell since 14‑2‑2000. The above fact is a mitigating circumstance and, as such, her death sentence should be commuted to one for imprisonment for life. 52. On the premises of the discussion made above and reasons canvassed, orders are as follo..Category: Criminal Law | Date: | Hits: 84
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......rred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliruzzaman, Advocates-For the Appellant. SM Aminul Islam, Assistant Attorney-General-For the State. Criminal Appeal No. 1371 of 1999. Judgment Gour Gopal Saha J......u Nirjatan Case No. 51 of 1998 convicting accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1..Category: Criminal Law | Date: | Hits: 45
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......………….Opposite Parties Judgment August 4, 2003. Cases Referred To- Gouri Shanker Jha Vs. State of Bihar, AIR 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 195......lam, learned Council like Mrs. Tania, stresses upon the police excesses and the violation of fundamental rights of the detenus in the hands of the police. He submits that no action detrimental to the life, liberty, body and reputation of a person shall be taken away except in accordance with law. He..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......tate………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- Begu Vs. Emperor, AIR 1925 PC 130; Md. Anwar and another Vs. State, PLD 1956 SC 440, Md. Yaku......ey were ordered to be hanged by the neck till death. (b) Accused Abdus Sabur guilty of offence of sections 302/34 of the Penal Code and convicted him. Consequential sentence was imprisonment for life and, also, to pay a fine of Taka 5,000. (c) Accused ldris Jamai and Ayub Munshi guilty of of..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....quitous crime and humiliating in a woman's/girl's life. Rape is not only a crime against the person of a victim girl/woman, it is a crime against entire society and, also, a crime against basic Human Right and is violative of victim's most cherished Fundamental Right that is Right to Life enshrined ......q J SM Hossain J Shibu Pada Acharjee...................Convict-appellant Vs. State …………………........................Respondent Judgment March 30, 2003. Cases Referred to- Asiman Begum Vs. State, represented by Deputy Commissioner, 51 DLR (AD) 18; State Vs. Abul Ka......ral and rape in particular is on spurt. Rape sometimes followed by death has become a regular episode. This is a disturbing phenomenon. Rape is an iniquitous crime and humiliating in a woman's/girl's life. Rape is not only a crime against the person of a victim girl/woman, it is a crime against enti..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......nt dated 5-6-91 passed by the Sessions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a fu......he Sessions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a further period of six months ..Category: Criminal Law | Date: | Hits: 52
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..........Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Result: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, AIR 1974 SC 158; Ms Bindra Builders Vs. Delhi Developm......oss, US $ 2,000,000 equivalent to Taka 110,000,000 against international market loss and US $ 5,000,000 equivalent to Taka 275,000,000 against injury to health, causing mental agony and shortening of life expectancy, in total Taka 440,000,000. Plaintiffs offer being firm bid No. F 1431 dated 23‑9..Category: Alternative Dispute Resolution | Date: | Hits: 245
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......rul Huq J SM Hossain J Babul Sikder and others........................Appellants Vs. State represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Ch......ed in extermination of eldest member and head of one family Ismail Kha. The consequent Judicial verdict of conviction for offence of sections 302/34 of The Penal Code and sentence of imprisonment for life upon three (3) appellants who were depicted as authors of crime gave rise to this criminal appe..Category: Criminal Law | Date: | Hits: 54
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....tiff also, laid a suit being Family Suit No. 50 of 2001 in the Second Court of Assistant Judge, and also, Family Court, Chittagong against informant as defendant for Decree of Restitution of Conjugal Right and that the petitioner and informant are at loggerheads, facts and attending circumstances of...... Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referred To- Nagendra Vs. King Emperor, AIR 1924 Cal 476; G Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State Vs. Abdul Wahab Shah Chowdhury and another, 51 DLR (A......gue and unregulated benevolence. He is to exercise a discretion informed by tradition, methodised by analogy, disciplined by system and subordinated to the primordial necessity of order in the social life. Wide enough in all conscience, is the field of discretion that remains.” 23. Therefore, ..Category: Criminal Law | Date: | Hits: 79
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ...... by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......ich says that a person is presumed to be dead if he is not heard of by his family members and relations for more than 7 years. Section 107 of the Evidence Act speaks of presumption for continuance of life for more than 30 years and in the facts and circumstances of the present case which says that a..Category: Property Law | Date: | Hits: 116
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......…….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1998.
Case Referred To-
Mir Alauddin Ahmed vs. Province of East Pakistan, 26 DLR 27.......me local contractors, who are terrorists and local reputed goondas. The said terrorists even threatened to kill the officers and their family members, if their illegal bills are not paid. To save the life of the petitioner and his family members as per verbal orders of the then Sub Engineer and the ..
Category: Employment/Service Law | Date: | Hits: 72
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......volved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Criminal Appeal No. 519 of 2010. (From the judgment and order dated 26th October, 2008 passed by the High Court Division in Criminal Appeal No. 2213 of 1997.) Judgment S......ctions 302/149 of the Penal Code. He, however, found the petitioner Mukit and Angurer Nessa guilty under sections 302 and 302/109 of the Penal code respectively and sentenced them to imprisonment for life with a fine of Tk.5,000- in default to suffer rigorous imprisonment for 1(one) Year more, the p..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......t Appellate Division (Civil) Present: K M Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J A. F. M. Obaidur Rahman, Secretary General of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and others…………......oner Nos.3 to 5 to hold election of the Managing Board of Bangladesh Red Crescent Society within 1 months from such direction. The case of the writ-petitioners-respondents described themselves as the life members of Bangladesh Red Crescent Society, hereinafter referred as the Society, is that writ-p..Category: Civil Law | Date: | Hits: 116
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129....... Court Division (Criminal) Present: Gour Gopal Saha J Hanif Sheikh (Md.)…………Petitioner Vs. Asia Begum ………Opposite Party Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs......f 1991, alleging inter alia that she is a helpless widow. Her husband Arab Ali died leaving her and three minor sons without any asset to support them as a result of which she was leading a miserable life. It has been alleged that on the night following 6-12-90 accused Md. Hanif Sk stealthily entere..Category: Criminal Law | Date: | Hits: 67
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......98. Judgment Qazi Shafiuddin J. - These two review applications being Review Application Nos.15 and 16 of 1998 arise out of Writ Petition Nos. 2328 and 2329 of 1998 respectively have been heard together and will now be disposed of by this common judgment as the same arise out of the order date......urt Division— (a) Certifies that the case involves a substantial question of law as to the interpretation of this Constitution; or (b) has sentenced a person to death or to (imprisonment) for life; or (c) has imposed punishment on a person for contempt of that division; and in such oth..Category: Fiscal/Taxation Law | Date: | Hits: 90
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......— For the Petitioner. Md. Ismail, Advocate—For the Respondent No. 3. Writ Petition No. 3501 of 1997. Judgment Syed Amirul Islam J. - This Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Ju......al Law Administrator, Zone-D, Comilla, for trial and the said Martial Law Court on completion of trial convicted the petitioner and the other co-accuseds and sentenced them to suffer imprisonment for life by judgment dated 15-3-1994. Pursuant to that judgment the petitioner suffered RI from 15-3-198..Category: Criminal Law | Date: | Hits: 56
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......tate……………….. Respondent Judgment May 12, 1998. Lawyers Involved: Syed Ziaul Karim with Jahangir Ahmed Khan, Advocates — For the Appellants. Md. Shueb Ahmed, Assistant Attorney-General— For the State. Criminal Appeal No. 965 of 1995. Judgment Md. Abdul Matin ......Case No. 43 of 1993 and only these three appellants stand convicted by the learned Additional Sessions Judge and were convicted under sections 302/34 and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000.00 each in default to suffer rigorous imprisonment for 1(o..Category: Criminal Law | Date: | Hits: 55
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......4 DLR (SC) 321. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Habibul Islam Bhuiyan, Khondaker Mahboob Hossain and Humayun Kabir Bulbul, Advocates — For the Petitioners. Mahmudul Islam, Attorney-General, Md. Faruq, Deputy Attorney-General — For the State. Criminal Miscellaneous Case......uty in Bangabhaban, will show the complicity of the three petitioners in the conspiracy to kill the four political leaders, who lost their lives in the safest of all places in the country where human life is protected by law and ensured by security from the state. He submits that there is every chan..Category: Criminal Law | Date: | Hits: 46
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......The State..................................Petitioner Vs. Md. Ariful Islam @ Arif.................Respondent Judgment September 28, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. T.H. Khan......luded. No tangible materials have been placed before us for 5 our appreciation that reasonable grounds exist to believe that he has been guilty of an offence punishable with death or imprisonment for life. We find no reason why the accused petitioner should be detained in custody simply for the purp..Category: Criminal Law | Date: | Hits: 50
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
.... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......To- Nannu Miah Vs. State, 55 DLR 7; State Vs. Miss Eliadah Maccord, 1996 BLD (AD) 239 = 2 BLC (AD) 157. Lawyers Involved: M Shamsul Hoque Advocate-For the Appellant. Sk A Awal, Deputy Attorney-General with Saifuddin Md. Aminur Rahim, Assistant Attorney-General-For the state. Crimina......ns Judge at Jessore in session case No. 39 of 1999, which convicted him under section 19(1), Table 3 (খ) of the Narcotics Control Act, 1990, in brief, the Act, and sentenced him to imprisonment for life. 2. The prosecution case, in short, is that on 5‑11‑97 at about 9‑10 AM the police fou..Category: Criminal Law | Date: | Hits: 90
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