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Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)

.... the charge. They shall be set at liberty forthwith if not wanted in con­nection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......al No. 109 of 1985) Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Sera......No.747 of 1979 on charges of murder and abduction, abetment and other offences under sections 364/302/109/201 B.P.C. and each was convicted under section 302 B.P.C and sentenced to transportation for life. Non-appealing convict Giasuddin, Gobra @ Ensu Mondal, Mahbub @ Matabuddin and Ejal Hoque were ..

Category: Criminal Law | Date: | Hits: 30

Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)

....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......ur Rahman J. - In this Rule the Second party-petitioners have prayed for quashing the pro­ceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal Procedure, so far it re­lates to the attachment and appointment of a receiver in respect of the schedule property in question. ......gistrate has committed an illegality in converting the pro­ceeding under section 144 of the Code of Criminal Procedure into 145 of the Code after expiry of 2(two) months. It is not disputed that the life of a proceeding under section 144 is for two months and a proceeding of 144 Cr.P.C. can be conv..

Category: Criminal Law | Date: | Hits: 32

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......…….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorney General with Syed Mokoddas Ali, Assistant Attorney General and Md. Latifur Rahman - For the S......f the Penal Code but appellant No.1 Mizanul Islam alias Dablu was sentenced to death subject to confirmation by this Court and the appellant Jahurul Hossain alias Jahurul Islam Faktu was sentenced to life. The con­demned prisoner Mizanul Islam alias Dablu herein after to be referred as Dablu also p..

Category: Criminal Law | Date: | Hits: 61

Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)

....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......d. Joynul Abedin J Mir Hashmat Ali J Shahidul Islam (Md) alias HM Shahid ...............Appellant Vs. State................... Respondent Judgment August 3, 2003. Case referred to- Safdar Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Masood R Sobban, Advocate-For the...... No. 2 in Nari‑o‑Shishu Nirjatan Daman Case No. 172 of 2002 convicting him under sections 7 and 9(1) of Nari‑o‑Shishu Nirjatan (Bishes Bidhan) Ain, 2000 and sentencing him to imprisonment for life and a fine of Taka 5000 in default, to suffer rigorous imprisonment for 6 months more for commi..

Category: Criminal Law | Date: | Hits: 43

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ......u Jafar Md. Nurul Islam...................Petitioner Vs. DG, Department of Environ­ment, Government of Bangladesh and others.........Respondents Judgment July 15, 2003. Cases referred to- Chairman, Zilla Chora Chalan Damon Samanayo Committee, Mymensingh and another vs. Md. Kabirul......e (Kha) of sub‑section 3 of section 4 submitting that the said proviso clearly authorised the Director General to take immediate action on urgent basis if there was any chance of collapse of public life because of the environment pollution. But the sub mission of the learned Deputy Attorney-Genera..

Category: Environmental Law | Date: | Hits: 226

SA Coconut Mills Ltd. Vs. Government of the People’s Republic of Bangladesh and Others, 2001, 30 CLC (HCD)

....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 1. ...... SA Coconut Mills Ltd…….……………Petitioner Vs. Government of the People’s Republic of Bangladesh and Others………. Respondents Judgment August 23, 2001. Cases Referred to- Talekhal Progressive Fishermen’s Co-operative Society Ltd. vs. Bangladesh, 1981 BLD (AD) 10......ly in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with l..

Category: Fiscal/Taxation Law | Date: | Hits: 108

Borhan Uddin (Md), Advocate Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1999, 28 CLC (HCD)

....val of the petitioner is illegal and without any lawful authority. The Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 81.......s Involved: Jamiruddin Sircar with AKM Shamsul Huq, Advocates—For the Petitioner. Abdul Malek with Raquibul Hoque Miah, Advocates—For Respondent Nos. 5-34. Md Mamtazuddin Ahmed, Deputy Attorney-General—For the Respondent Nos. 2-4. AJ Mohammad Ali, Advocate—For the Respondent No. ......in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and, in particular, no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with l..

Category: Employment/Service Law | Date: | Hits: 108

Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)

.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......ected against the judgment and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA ......s the case of the plaintiff that due to these activities of the bank officials the mill had to be stopped causing mental sufferings and torture to the plaintiff who invested the entire savings of his life in the mill with the hope that he will be provided with 70% of the project money from IDA credi..

Category: Civil Law | Date: | Hits: 72

M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)

....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......ddin Farooque Vs. Bangladesh and others, 48 DLR 438. Lawyers Involved: MI Farooqui with Md. Ruhul Quddus, Md. Abdul Mannan Khan, Advocates‑For the Petitioner. AJ Mohammad Ali, Additional Attorney‑General with Karunamoy Chakma, Assistant Attorney-General-For the Respondents. Writ Peti......rading the quality of environment in the area and neighbourhood necessary for the health and well‑being of the citizens has infringed the fundamental right of the petitioners and other residents to life, which cannot flourish and survive without healthy ecosystem of the area. It is also submitted ..

Category: Environmental Law | Date: | Hits: 259

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....nger to juveniles of "criminal contamination'' while in detention pending trial must not be underestimated.' This reflects what was earlier stated in the International Covenant on Civil and Political Rights (ICCPR) 1966. "Article 2. (a) Accused persons shall, save in exceptional circumstances, be......xas, 509 US 350, 359-362 (1993); Sheela Barse vs Secretary, Children's Aid Society and others, 1987 (3) SCC 50; Asiman Begum vs. State, 51 DLR (AD) 18. Lawyers involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State-Petitioner. ......nditions. This happened as much in the West as in the East. Such tales are only too well illustrated in the writings of eminent novelists such as Charles Dickens (born 1812), who himself suffered the life of an impoverished child in the poor part of London and had to work as a child without the bene..

Category: Criminal Law | Date: | Hits: 167

Abul Kalam Vs. State, 2005, 34 CLC (HCD)

....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......pok Kumar Sarker vs. State, 40 DLR (AD) 139; State vs. Kalu Bepari, 43 DLR 249, Samsuddin vs. State 45 DLR 587. Lawyers involved: Not represented— the Appellant. Parvin Hannan, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Zia...... 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 1988 convicting the appellant under section 302 of the Penal Code and, sentencing him to suffer imprisonment for life. 2. The prosecution case put in a nutshell is that the deceased Joynur Khatun alias Chhoto B..

Category: Criminal Law | Date: | Hits: 40

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......eement on 26-10-89 and subsequently, another agreement was also executed on 13-11-89 between the respondent No.2 and the petitioner. The petitioner has contended that the respondent company entered into an agreement being agreed by all its directors that an amount of Taka 5,00,000.00 is needed to in...... No.2, the petitioner went to the registered office of the said Company on 22-11-93 to settle the matter. But the respondent No.2 misbehaved with the petitioner and the petitioner being afraid of his life made GD Entry to the Motijheel Police Station. The petitioner has further stated that three yea..

Category: Company Law | Date: | Hits: 239

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......nts Vs. State..............Respondent Judgment February 13, 2006. Lawyers involved: SM Shahjahan for Abdul Malek, Advocate—For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 1808 of 2002 with suo moto Rule No. 122 (R......e, Second Court, Bogra in Session Case No. 14 of 1994 convicting appellant Nantu Mia and appellant Fazar Ali under section 302 of the Penal Code 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 5 (five) mo..

Category: Criminal Law | Date: | Hits: 44

Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)

....ation made above. 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: 59 DLR (2007) 23. ......54 = 45 DLR (AD) 140. Lawyers involved: Khandker Mahbub Hossain, Senior Advocate with MB Taj Mohammad and Shah Mohammad Ali Advocates — For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General— For the Respondent. Criminal Appeal Nos. 4288, 3854 and 3713 of 2003. Judgme......al Case No. 54 of 2003 convicting the appellants under section 9(3) of Nari-o-Shisu Nirjatan Daman Ain, 2000 (hereinafter referred as Ain, 2000) and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 1,00,000. 2. All these appeals having arisen out of a common ju..

Category: Criminal Law | Date: | Hits: 33

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......eikh Abdul Awal J Jugal Kumar Das (Shovon Ahmed)………….. .Appellant Vs. State......................…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. ......used person urged her to go with him. She continued to go along with him. She stated that after going ahead she found a microbus but she refused to get into the same but, at last, for the fear of her life she boarded the same and found the presence of other persons in the microbus. She stated that t..

Category: Criminal Law | Date: | Hits: 40

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......, 1995. Cases Referred To- Shoaib (Md) Vs. Uttara Bank Ltd and another 43 DLR 329; State Vs. Indian Chemical AIR 1957(Orissa) 203; B Choukhani Vs. Western Indian Theatres Ltd. AIR 1957; Bajaj Auto Ltd. Vs. N K Firodia AIR 1971(SC) p-321; Halgh Vs. Arderna Cinemas Ltd. 1951 C. 286; (1950) 2 All......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..

Category: Company Law | Date: | Hits: 181

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......howdhury J Muhammad Ansar Ali J Momin Malitha & ors......................... Appellant Vs. State ...............................Respondent Judgment April 24, 1988 Cases Referred to- 1987 BLD (AD) 265, 1985 B.C.R. (AD) 315, AIR 1936 (Rangoon) 526 & AIR 1934 (Lah.) 345, 1987 ......sions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Judge, Kushtia con­victing the appellant No. 1 Momin Malitha under section 302 of the Penal Code and sentencing him to transportation for life and Appellant No. 2 Babu @ Badaruddin Malitha under section 323 of the Penal Code and sentencin..

Category: Criminal Law | Date: | Hits: 52

Siddik Ali Vs. State, 1987, 16 CLC (HCD)

....tion and sentence passed on the appel­lant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ......nt: Nurul Huque Bhuiyan J Syed Misbahuddin Hossain J Siddik Ali..................................Appellant Vs. The State...................................Respondent Judgment October 27, 1987. Lawyers Involved: Azizur Rahman Chowdhury with P.R. Dutta Chowdhury, P.K. Dha......by Mr. Ibrahim Ali, Additional Sessions Judge, 1st Court-in-Charge, Sylhet in Sessions Case No. 158 of 1982 convicting him under section 302 of the Penal Code and sentencing him to transportation for life. 2. The prosecution case in short as stated in the First Information Report by informant Abd..

Category: Criminal Law | Date: | Hits: 30

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

.... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......J Muhammad Ansar Ali J State...........................................Petitioner Vs. Badshah Mollah.....................Opposite Party Judgment August 28, 1988. Cases Referred to- 6 DLR 246, 1985 BLD (AD) 301, 1985 BLD (HCD) 129, AIR 1952 (SC) 343, AIR 1976 (SC) 917, 1979......cial confession and the circumstan­tial evidence in this case. It must be recalled that well established rule of criminal Justice is that "fouler the crime higher the proof." In the instant case the life and liberty of subject was at stake. As accused Badsha Mollah was given a capital sentence, a c..

Category: Criminal Law | Date: | Hits: 42

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......d against judgment and order dated 8-7-95 passed by the learned Subordinate Judge, 1st Court, Comilla in Title Suit No.4 of 1995 who by the said order restrained the appellant from making any payment to defendant No.1 exceeding 1/4th of her share now being kept in the bank with the name of her late ......e this aspect of the matter. 11. Mr. Rokanuddin Mahmud submits that unless an injunction is granted the plaintiffs will have no remedy and they may be non-suited as in such suits injunction is the life. It is true that in some suits injunctions are lives of the suit but that has no general applic..

Category: Banking Law | Date: | Hits: 122