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Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ...... Result: Leave is granted. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to......ingly the High Court Division held that the order of conviction and sentence of the condemned prisoner Sohel cannot be sustained in the eye of law. Moreover on the self same ground co-accused Hannan (life imprisonment) has been acquitted by the High Court Division for non-compliance of Section 342 o..Category: Others | Date: | Hits: 83
.... defying the public sentiment against the products in question and that it would be unwise to give license to produce and marketing of such type of alcoholic drinks in the name of right to trade. Right to protection of life is more than right to trade and as such the impugned judgment cannot be ......cs Control Dhaka and another ...........Appellants
Vs.
Crown Beverage Ltd. and another ...........Respondent
Judgment
December 2, 2008.
Lawyers Involved:
Monsur Habib, Additional Attorney General instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Appellants.
Rafiq......entiment against the products in question and that it would be unwise to give license to produce and marketing of such type of alcoholic drinks in the name of right to trade. Right to protection of life is more than right to trade and as such the impugned judgment cannot be maintained.
8. It ..
Category: Others | Date: | Hits: 144
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......is daughter, the defendant, is false, fraudulent and not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase by his own earned money and he constructed pucca building......lt. He also filed Succession Case No.627 of 1981 in the court of learned Subordinate Judge, 3rd Court, Dhaka and withdrew his share with the help of succession case. Munshi Imamuddin Dewan during his life time gifted 7 kathas of land by Heba-bil-Ewaz being deed No.37889 dated 24.11.1980 to his daugh..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
.... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......Lawyers Involved: M. A. Wahab, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No.1450 of 2007. (From the judgment and order dated 26th September, 2007 passed by ......2. Short facts as placed before the Administrative Appellate Tribunal, Dhaka are that the petitioner Md. Zillur Rahman joined in the Bangladesh Railway on 25.1.67. At the end of his tenure of service life he retired from the service on 5.1.2002 as usual while he was serving in the Syedpur Railway Fa..Category: Employment/Service Law | Date: | Hits: 67
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......arifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by the High C...... Dey, the husband of Matang Moyee and this Prosanna Kumar Dey died leaving behind only son Sachindra Kumar Dey as his legal heir and his widow Matang Moyee was not entitled to get any property except life interest. Sachindra Kumar Dey died leaving behind son, Biswanath Dey. Their further case is tha..Category: Property Law | Date: | Hits: 34
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......rd-For the Petitioner (In both the cases) T. H. Khan, Senior Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For Respondents) (In both the cases) Civil Petition for Leave to Appeal Nos. 641-42 of 2008. (From the judgment and order dated the 24th day of February,......mitted objection, the plaintiff filed Title Suit No.17 of 1996 and although Rosmoy Datta died in the year 1985, the plaintiff could not get anything with the help of the said muktipatra during his life time and the record in the suit land was prepared in the name of owner Rosmoy Datta, who took ..Category: Property Law | Date: | Hits: 132
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......…………. Appellants. Vs. Jiban Nessa and others……………………………….. Respondents. Judgment June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdictio......hairunnessa defendant No.1 and Jibonnessa defendant No.2. Defendant No.1 Khairunnessa was married to Mohammad Mia and both of them resided and lived with Torab Ali in his house. Torab Ali, during his life time, sold .36 acres of land, out of suit plot No.1661 with a “Chouchala” tin hut thereon t..Category: Procedural Law | Date: | Hits: 105
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......un, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-11. Civil Petition for leave to Appeal No.73 of 2007. Judgment &nb......ram. The property in the Municipal market is concerned belonged to one Ranjan Sarker and Balaram purchased the same in his own name from Ranjan Sarker; that there was a family partition during the life time of Balaram and the plaintiff got his share as per amicable partition. The money deposited..Category: Property Law | Date: | Hits: 99
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J M/S. Madina Trading Corporation…....................Petitioner Vs. The Commissioner of Customs and another….....Respondents Judgment June 10, 2008. Lawyers Invol......y Section 7(18) of the Finance Act, 1999 in ultra vires of Section 7(1) of the VAT Act because the ordinary Grey Portland cement is an essential item for construction of building toward a complete life and is not a luxury item and as such, imposition of supplementary duty on ordinary Grey Portla..Category: Fiscal/Taxation Law | Date: | Hits: 112
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Md. Sajadul Huq, Advocate-on-Record- For respondent No.1. Not represented- Respondent Nos.2-56 Civil Petition for Leave to Appeal No. 280 of 1995 (From the judgment and order dated 6TH December, 1994 passed by the ......intiff-respondent filed the suit asserting, inter alia, that Abdul Hakim Chowdhury was the sole owner of the suit property. The two wives and two sons of Abdul Hakim Chowdhury died during his life time. The first wife died leaving Abdul Hakim Chowdhury as husband and Sultan Ahmed Cho..Category: Property Law | Date: | Hits: 97
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ...... Md. Hassan Ameen J The State….........Petitioner Vs. Chandan Ali and others……......Respondents Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by Md. Habibur Rahman, Advocate-on-Record-For the Petitioner. Not......f 1995 (Mohammadpur police Station Case No. 1 dated 01-10-1995), convicting the accused-Respondents and another under Sections 302/34 of the penal Code and sentencing them to imprisonment for life and ordered to pay a fine of Tk. 5000/- in default to suffer rigorous imprisonment for 1(one) ..Category: Criminal Law | Date: | Hits: 68
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....he Courts below on discussion of evidence and materials on record found a Hindu wife is entitled to get her maintenance and separate residence allowances under Section 2 of Hindu Women's Right to Separate Residence and Maintenance Act, 1946 and decreed the suit accordingly. The learned...... Judgment April 19, 2009. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 1859 of 2008. (From the judgment and order dated 08.04.2008 passed by the Hig......een living with her brother. According to Hindu Law, a Hindu wife is inseparable from her husband and they arc obliged to live together as husband and wife till last day of their life. Any deviation of their relationship and conduct due to the behaviour of the husband make..Category: Criminal Law | Date: | Hits: 75
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......e obtained in Title Suit No.616 of 1969 of the Court of Munsif, Chuadanga is fraudulent, collusive and not binding upon the plaintiff. 2. Facts, in short, are that the land in suit belonged to Bishupada and he granted Power of Attorney to Danesh Mondal as regard the property in suit and t......e finding of the courts below as regard the solehnama is not acceptable since "the soleh decree of the court should not be lightly brushed aside" and that as the Parichan Bibi during her life time of her son P.W.3 did not challenge the soleh decree, that the judgment and decree of the ..Category: Property Law | Date: | Hits: 35
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ...... Involved: Abul Kalam Mainuddin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 324 of 2006 (From the judgment and order dated 01.08.2005 passed by the High ......Division found that the trial court rightly dismissed the suit and disbelieved the plaintiff’s case of banami. 9. It further appears that the plaintiff did not take any step during the life time of Monmotha Nath. No suit was filed during his life time. Moreover the suit land was reco..Category: Property Law | Date: | Hits: 32
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......ellip;………………………………..Respondent (In all the cases) Judgment November 19, 2009. Cases Referred to- Md. Shafi vs.The Crown 6 DLR (WP) 104 (FB); Abdur Razik v. The State, 16 DLR (WP) 73; H...... occurrence. The informant tried to lodge an information with the then Lalbag Police Station immediately after the incident but the same was not accepted by the police. Then out of fear for his own life he did not lodge any FIR until now. At long last, 2.10.1996, be lodged the FIR with the Dhanm..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... (1997) 3SCC 747 32 accused persons were charged under Sections 147, 302/149, 436/149, 307/149 of the Indian Penal Code and under Sections 4(iv), (x) and Section 5.7 of the Protection of the Civil Rights Act, 1955. The Sessions Judge acquitted all the 32 accused persons including Dan Singh and o......ith other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child ......m Col. Shafayet Jamil, how a Police Officer of the local Police Station driven out the P.W.1 A.F.M. Mohitul Islam with filthy language refusing to record F.I.R. from him apprehending threat on his life and service, which came true shortly with the passing of the Indemnity Ordinacne,1975 by Khonk..Category: Criminal Law | Date: | Hits: 229
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......f 2009). Tonai Mollah........................Respondent (In Criminal Petition No. 336 of 2008). Judgment May 24, 2009. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner (In Criminal Petiti......lias Bhejal Alamgir, Kachi (absconding),Biplab (absconding) and Dakat Shahid (absconding) were convicted under Sections 302/120B/34 of the Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Tk.5,000/- each, in default, to suffer rigorous imprisonment for 6(six) m..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......nted— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 823, 824 and 828 of 2005). Judgment ......w petitions, it will suffice to say that time is not ripe enough to think or consider that according to Islamic injunction payment of 'Zakat' which is personal obligation of a rich person, in whom life has been infused into, of the Muslim Community of the Society at a specified rate in respect o..Category: Fiscal/Taxation Law | Date: | Hits: 145
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... by the executive. Judges were appointed directly by the Minister of Justice and magistrates were civil servants, answerable to senior officials, who controlled salaries and promotion. The Bill of Rights 1994 established, along with a Constitutional Court that has the power to invalidate legislat......r Rahman, Advocate and others ........Respondents (In Civil Petition No. 2056 of 2008) Judgment February 25, 2009. Result: The Judgment is passed with some observations. Cases Referred to- Al-Jehad Trust Vs. Federation of Pakistan, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhur......o empower the Supreme Court to limit the power of the legislature in law making but has also authorized the Court to function as the bulwarks of the constitution against executive encroachment on the life and property of the citizen and against any breach of their fundamental rights. 203. Since ..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....ted under the law in force at the time of commission of the offence. 55. Mr. M Amir-ul-Islam and Mr. Azmalul Hossain Q.C. further submitted that Article 11(2) of the Universal Declaration of Human Rights provides that no one shall be held guilty of any penal offence on account of any act or omiss...... Nayeem Mominur Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 ......Mischief by fire or explosive substances; i. Theft, extortion and dacoity; j. Causing disappearance of evidence of offence of murder by removing dead bodies; k. Causing explosion to endanger life and property; l. Criminal intimidation; m. Criminal conspiracy and abetment of mutiny, mu..Category: Constitutional Law | Date: | Hits: 289
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