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Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)

....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328....... Kapil Krishna Goldar & anr ……..Complainant-Opposite-Parties Judgment July 26, 2006. Lawyers involved: Not represented—the Accused-Petitioners. AKM Nurul Alam, Assistant Attorney-General—For the State-Opposite Party. Miscellaneous Case No. 801 of 2001. Judgment ...... be an acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall..

Category: Criminal Law | Date: | Hits: 28

Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)

.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......- Dewan Obaidur Rahman vs. State 1999 BLD (AD) 128 = 4 BLC (AD) 167. Lawyers involved: Shakila Rowshan, Advocate—For the Accused-Petitioner Shamim Ara Dora, Assistant Attorney-General—For the State-Opposite Parties. Criminal Miscellaneous Case No. 1238 of 2001......c servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall..

Category: Criminal Law | Date: | Hits: 81

Naimuddin and another Vs. State, 2007, 36 CLC (HCD)

.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ............ ………………Opposite Party Judgment April 24, 2007. Lawyers involved: Md. Khurshid Alam Khan, Advocate—For the Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim, Assistant Attorney-General—For the State-Opposite Party. ...... to rigorous imprisonment for l(one) year more and convicting the appellants under section 12 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to rigorous imprisonment for life each directing both the sentences to run concurrently, by the same judgment and order the Tribu..

Category: Criminal Law | Date: | Hits: 84

Monwar Mallik Vs. State, 2007, 36 CLC (HCD)

.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ...... Hossain Shially (Fakir) vs. State 8 MLR 355 and Misti vs. State 6 MLR 394 = 6 BLC 138. Lawyers involved: Zakir Hossain Bhuiyan, Advocate—For the Appellant ABM Waliur Rahman Khan, Deputy Attorney-General with Shamim Ara Dora, Assistant Attorney-General—For the State. Criminal Appeal ...... 16-10-2001 correspon­ding to GR case No. 327 of 2001 convicting the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months mor..

Category: Criminal Law | Date: | Hits: 38

Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......s raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Abu Taher and others Vs. State, 2009, 38 CLC (AD)

....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ...... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abu Taher and others………………..Petitioner Vs. The State…………………………………..Respondent Judgment October 15, 2009. Lawyers Involved: A. F. M. Meshabhauddin, Senior Advocate instructed by Md. Na......out of Demra Police Station Case No.39 dated 17.07.1994 corresponding to G.R. No.2008 of 1994 convicting the accused under Section 302/149 of the Penal Code sentencing them to suffer imprisonment for life and to pay a fine of TK.3000.00(three thousand) each in default to suffer rigorous imprisonment..

Category: Criminal Law | Date: | Hits: 31

Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)

....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-4. Civil Petition for Leave to Appeal No.1749 of 2009. (From the judgment and order dated the 2nd day of June, 2009 passed by......f Shurdhani Sheel died before R.S. operation without leaving any legal heir excepting defendant No.2 as his wife. After the death of Monmohon Sheel his wife Shurdhani Sheel, defendant No.2 became the life estate owner in the land left by her husband. The name of defendant No.2 was recorded in R.S. K..

Category: Property Law | Date: | Hits: 29

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-­General, Md Jalaluddin, Assistant Attorney-General- For the State. Criminal Appeal No. 2...... Case No. 215 of 1995 originating from Alamdanga PS Case No. 9 dated 31‑5‑1995, convicting the appellant under section 387 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a period of 1 (o..

Category: Criminal Law | Date: | Hits: 38

Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)

....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......ali Bank vs Karnaphuli Works Ltd 46 DLR (AD) 55. Lawyers Involved: Shawkat Ali Khan, Senior Advocate with Md Shamsul Hoque, Advocate — For the Petitioner Golam Mohammad Chowdhury, Deputy Attorney General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf H......e accused can afford to do so.” But the petitioner before us has been charged under sections 8, 9(Ka)(Kha)(Ga) of Nari-o-Shishu Nirjatan Ain, 1995 which provides maximum punishment imprisonment for life but not death sentence so there is no leg to stand of this argument. 8. The learned Deputy A..

Category: Criminal Law | Date: | Hits: 37

Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)

....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......ondal and another…......Appellants Vs. Md. Abdus Sukur and others……………………….Respondents Judgment January 18, 2010. Result: The appeal is allowed. Case Referred to- Jaspal Singh Vs. State of Punjab, AIR 1979 SC 1708. Lawyers Involved: Mahmudul Islam, S......e suit land of 96 decimals which are nal lands and he has been possessing his 48 decimals of land by cultivating through bargader. His brother Suddhir died leaving behind defendant No. 2 who acquired life interest over his portion. On 08.08.1995 he heard from Zainnah and others about the aforementio..

Category: Property Law | Date: | Hits: 39

Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)

....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......mudur Rah­man J Nurul Islam & others.............................Appellants Vs. The State……………………………...Respondent Judgment August 5, 1986. Cases Referred to- Nazrul Islam vs. State, 27 DLR 671; The Crown and Badiuzzaman vs. Abdul Majid Bepari 8 DLR (F......ent and order of the learned Sessions Judge, Bhola passed in Sessions Case No. 19 of 1984 con­victing the appellants under sections 302/34 of the Penal Code and sentencing them to transportation for life with a fine of Tk.5000/- each in default, to suffer rigorous imprisonment for 6 months each. ..

Category: Criminal Law | Date: | Hits: 27

Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......sdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is discharged. Cases Referred to- 50 DLR (AD) 27, Kastu......Rahman as a retired senior Army Officer had been receiving pension and other benefits from the government and after his death his family i.e. the petitioner being his wife became the recipient of the life long pension of late President Ziaur Rahman. Besides that, after the death of late President Zi..

Category: Property Law | Date: | Hits: 88

State Vs. Shahin and others, 2009, 38 CLC (AD)

....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......der Singh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record- For the Petitioner. (In all ca...... and sentencing the respectively the respondents both Criminal Petition Nos.73 and 74 of 2009 to death and sentencing the respondent No.1 in Criminal petition No.75 of 2009 to suffer imprisonment for life and to pay a fine of Tk.50,000/-(taka fifty thousand) only, in default to suffer rigorous impri..

Category: Criminal Law | Date: | Hits: 33

State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)

....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......and others Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, 1999 BLD 268; Anshad and others Vs. State of Karnataka, (1994) 4 Supreme Court Cases 381. Lawyers Involved: Syed Abu Kowser, Deputy Attorney-General with Fara Mahmuda Assistant Attorney-General‑ For the State. SS Sarker Advocate......99 and therefore, he has been suffering the agony of death sentence for the last 3 years and therefore, ends of justice would be met if the sentence is reduced and commuted to one of imprisonment for life. In view of the facts and circumstances of the case we find substance in the submissions of the..

Category: Criminal Law | Date: | Hits: 38

Salim (Md) Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others, 2001, 30 CLC (HCD)

.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 72. ......uayum, Advocate—For the Petitioner. Not represented—the Respondents. Writ Petition No. 1638 of 1996. Judgment MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why impugned order dated 3-5-1992 (Annexure-D) passed in Debt Settlement Board C......ion on the ground, amongst others, that the property has been sold at a price below the market price and the petitioner owned land more than two acres and the transfer was made for the maintenance of life of the respondent No. 6. 4. It is stated that on 3-5-1992 no hearing was held nor the Board ..

Category: Property Law | Date: | Hits: 24

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......J Syed JR Mudassir Hussain J MA Aziz J Khondaker Modarresh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and ......eclared illegal. It is stated that during the observance of hartal the police force does not take any step to prevent violence and coercion and citizens are forced to remain indoors for fear of their life. The petitioner submits that this Court in exercise of its jurisdiction under Article 102 of th..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....j Cement Company Limited......................Petitioner (In Civil Petition No.763 of 2010). Heidelberg Cement Bangladesh Ltd.........Petitioner (In Civil Petition No.781 of 2010). Vs. Human Rights and Peace for Bangladesh (HRPB) represented by the Secretary of the Executive Committee, Asad....... and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined) Industries Ltd., Sharmagonj, Enayetnagar, Fatullah, Narayangonj represented by its Managing Director Mr. Alhaj Khabir Uddin Moullah...................................................Petitioner (In ......r are playing a great role in the transport sector. Due to continuous encroachment, earth filling and structure buildings in the above mentioned rivers, day by day it is losing its flow affecting the life of the citizen. All the rivers are also playing an effective role in protecting the environment..

Category: Environmental Law | Date: | Hits: 344

Bhola Vs. State, 2001, 30 CLC (HCD)

....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......hman & others Vs. The State, 6 BLD (AD) 79; Mobarak Hossain Vs. The State, 1 BLD 286. Lawyers Involved: Md. Kaisar Ali, Advocate‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney­-General with Md. Jalaluddin, Assistant Attorney­-General‑ For the State. Criminal App......bt. The trial Court below committed mistake in sentencing the convict appellant to suffer rigorous imprisonment for 30 years but section 302 of the Penal Code provides punishment for imprisonment for life which is as follows: "Section 302.- Whoever commits murder shall be punished with death or i..

Category: Criminal Law | Date: | Hits: 41

Mozam and others Vs. State, 2006, 35 CLC (HCD)

....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......……………..Respondent Judgment March 16, 2006. Cases Referred To- Harun Sheik vs. State 1988 BLD 425; Momtaz Ahmed Khan vs. State 19 DLR (SC) 259; Saidur Rahman Neuton vs. State 45 DLR (AD) 66; Seraj Talukder vs. State 3 BLC 182 and Asiman Begum vs. State 51 DLR (......ting the appellants under section 4(c)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred as Ordinance 1983) and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6(six) mont..

Category: Criminal Law | Date: | Hits: 82

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......heda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advocate—For the Appellant (In Criminal Appeal No. 1752 of 1997). Saifuddin Md. Aminur Rahim, Deputy Attorney-General—For the State-Respondent. Criminal Appeal No. 1752 of 1997 with Jail Appeal ......of victim Habibur Rahman. He stated that there was misunderstanding between Khalil on the one side, and Ali Akbor and Habibur Rahman on the other side, over monetary dealing Khalil was leading wicked life and he pressurised his brother and father to give up the entire property to him. There was misu..

Category: Criminal Law | Date: | Hits: 38