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Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......-on-Record—For the Petitioners. Md.Nawab Ali, Advocate-on-Record—For the Respondent No. 1. Not Represented—For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 45 of 2008. (From the judgment and order dated 2-12-2007 passed by the High Co......age. After the alleged marriage accused persons brought out a knife and compelled the informant to have abortion otherwise they would kill her and the informant agreed to their proposal for fear of life. Thereafter at night the accused persons took the informant to Shima Nursing Home at West Ramp..Category: Criminal Law | Date: | Hits: 79
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....also referred to a decision reported in 7 BLC (AD) 67 as regards the effect of Convention in our country and also decision reported in 44 DLR 39 regarding Article 13 of Universal Declaration of Human Rights having the spiritual dimension of man. The learned Counsel has further submitted with refer......Tafazzul Islam J M/s. Supermax International Private Ltd...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR ......rally I give it full weight for this purpose." Nonetheless, he (and subsequently the Court of Appeal) applied the letter of the Crown Proceedings Act 1947. Article 8 (respect for private and family life) was similarly invoked in vain in an attempt to challenge the legality of telephone tapping in ..Category: Intellectual Property Law | Date: | Hits: 233
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... certain well-defined exceptional circumstances, such as non-consideration or misreading of material evidence affecting the merit of the case………………………………(11) Cases Referred to- Banga Chandra Dhur Biswas Vs. Jagat Kishore Acharjya Chowdhuri, ILR 44 Cal.186; Rajammal alia......cre in the north while the remaining half in the south with a pathway in between described as schedule 'B' land fell in the saham of Sheikh Bagu. Sheikh Bagu possessed his land during his life time. After him this defendant who happens to be his sole heir has been possessing the said l..Category: Procedural Law | Date: | Hits: 36
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......shid Alam Khan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 372 of 2007. (From the judgment and order dated the 11th day of February, 2007......ons Judge, Narsingdi in Sessions Case No. 9 of 1997 convicting the petitioner and five others under Section 302/34 of the Penal Code sentencing them there under to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000.00 each in default to suffer rigorous imprisonment for three y..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ...... Vs. Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.............Respondents. Judgment May 24, 2007. Case referred to- Bangladesh Vs. Md. Jalil 49 DLR (AD) 26. Lawyers Involved: Mohsin Rashid, ...... the last week of March, 1972 by the anti-social elements who also looted their belongings and house-hold effects including the original documents of title and occupied the above house; during his life time Md. Hanif made several representations to different authorities for release of the said h..Category: Property Law | Date: | Hits: 30
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... Jahedul Islam @ Moulavi Banu……………………….. Respondent. Judgment March 16, 2009. Cases Referred to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and oth......essions Judge, Naogaon who found the accused respondent and other accused guilty of the charge under section 302 read with section 34 of the Penal Code and sentenced them to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- each; in default to suffer imprisonment for a further p..Category: Criminal Law | Date: | Hits: 58
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....e judgment in draft of my learned bother A.M. Mahmudur Rahman, J. I agree with his conclusion but I like to add a few words as to the applicability of Article 13 of the Universal Declaration of Human Rights to the right of an individual to travel beyond the border of his state. 3. True it is that......Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwa......motive and was not an act of fairly but also bereft of any reason to enable the appellant to avail of remedy as provided in Article 10 of the Passport Order, 1973 to the deprivation of his right to life in getting treatment of his heart ailment. This view of ours finds support in the case of Gover..Category: Constitutional Law | Date: | Hits: 208
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade 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: II ADC (2005) 360. ......p;……………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Referred to: Safaruddin Vs. Fazlul Huq 49 DLR (AD) 151. Lawyers Involved: Md. Nawab Al......nding 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 or her son P.W. 3 did not challenge the soleh decree, that the judgment and decree ..Category: Property Law | Date: | Hits: 37
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ...... The order of acquittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR ......l passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; Sta..Category: Criminal Law | Date: | Hits: 64
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......, PLD (1974) SC 65 Lawyers Involved: Abdul Malek, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. M. Moazzem Hossain, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Respondent. Crimin......ther there is any circumstantial evidence to corroborate the retracted confession of a co-accused on the basis of which these four appellants have been convicted and sentenced to transportation for life under section 302/34 of the Penal Code, keeping in view the legal position that the statement..Category: Criminal Law | Date: | Hits: 63
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parliament and perform their constitutional duties………&he......nt the people in the Parliament by non-participating in the process of enacting law and thereby deprived the people who would have the benefits of enactment of good and beneficial legislation as to life and property of the citizen, that the respondent Nos. 3-5 along with their members in the..Category: Constitutional Law | Date: | Hits: 147
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ...... August 22, 1984. The Evidence Act, 1872 (Act I of 1872) Circumstantial Evidence The circumstantial evidence adduced by P.Ws 5, 6 and 7 is not at all sufficient to prove that appellant Wazed Ali and Abbas Ali were involved in the murder of Dud Mallick. In this......of the High Court Division, Jessore Bench, which affirmed the conviction of the appellant under section 302/34 of the Penal Code a but commuted the death sentence to transportation for life. 5. The appellants then sought leave to appeal before this court and leave-was granted ..Category: Criminal Law | Date: | Hits: 52
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......;……………………………………………………..Respondent Judgment October 12, 2008. Lawyers Involved: Probir Haider, Advocate (appeared with the leave o......se No. 3 dated 06.04.1998 corresponding to G.R. Case No.39 of 1998 rejecting the criminal reference and dismissing the criminal appeal with modification altering death sentence to imprisonment for life. 2. The facts, in short, are that one Md. Ishaque, the father of the deceased Md. Jafar..Category: Criminal Law | Date: | Hits: 35
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ...... and another………………………Respondents Judgment August 12, 2008. Lawyers Involved: Abu Bakar Siddiqui, Deputy Attorney General, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Not...... Jail Appeal No. 64 of 2003 rejecting the death reference of convict respondent Md. Jalal Miah and another and dismissed the said appeals with modification of sentence of death to imprisonment for life. 2. The prosecution case, in short, is that the informant, a cousin of deceased Sudhan,..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here 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: VI ADC (2009) 338. ......Involved: Md. Khurshed Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 382 of 2006 (From the judgment and order dated 12.02.2006 passed by the High ...... 1st Court, Khulna passed in Sessions Case No. 29 of 1988 convicting the petitioners along with others under section 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life with a fine of Tk. 2000/- each in default to suffer rigorous imprisonment for 2 years mo..Category: Criminal Law | Date: | Hits: 38
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......esented by its Chairman, RAJUK Bhaban, Motijheel, Dhaka and others……………………………..Respondents Judgment October 14, 2008. Lawyers Involved: Mainul Hosein, Senior Advocate instructed by Md. T....... Also the building is constructed unauthorized 6 storied building without any approval of the RAJUK as well as the building is in dilapidated condition and may cause injury to the human life at any moment. Therefore in order to remove the traffic jam from the street and also for the s..Category: Property Law | Date: | Hits: 38
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......Liakat Ali Laskar......................Appellant (In Criminal Appeal No. 64 of 2003) Vs. The State………...Respondents (In both the appeals) Judgment October 30, 2004. Case Referred to- Abdul Qadir Vs. The State 8 DLR (SC) 165. La...... on conclusion of trial convicted the appellants under section 302/34 of the Penal Code and sentenced Faruque @ Jamai Faruque to death and appellant L.M. Liakat Ali Lasker to imprisonment for life and also to pay a fine of Tk. 50,000/- in default to suffer rigorous imprisonment for five yea..Category: Criminal Law | Date: | Hits: 45
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......tin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz Siddique, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record – For the Appellant. R......Court, in case of short sentence not exceeding 3 years, when the appeal could not be disposed of within 90 working days for no fault of the appellant and/or in the case of serious illness endangering life to be certified by duly constituted Medical Board, may consider the matter of granting bail in ..Category: Criminal Law | Date: | Hits: 51
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......p;….. Appellants Vs. Abdul Mannan Lasker and another .......Respondents Judgment March 23, 2004. Lawyers Involved: A.J. Mohammad Ali, Additional Attorney General, instructed by Ataur Rahman Khan, Advocate-on-Record-For the Appellants. Md. ......tely be inferred from the above facts that at heart the respondent No. 1 gave up his loyalty towards the Government of Pakistan and he was giving bluffs to the said Government authority to save his life from the hands of the occupation forces by writing letters and sending the above letters and ..Category: Administrative Law | Date: | Hits: 103
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......against the judgment and order dated 26.02.1997 passed by the High Court Division in Criminal Appeal No. 706 of 1996 dismissing the appeal. 2. Short facts are that informant was married to one M. A. Malik on 11.10.1991. On 28.02.1993, the informant filed an application before the Depu......and or parent, guardian or relation of the husband of any woman, causes or attempts to cause death or grievous hurt to that woman for dowry shall be punishable with death or with imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years and shall also be..Category: Criminal Law | Date: | Hits: 64
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