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Alaluddin Vs. State, 2003, 32 CLC (AD)

....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......ul Islam J Alaluddin………………………...Petitioner Vs. The State.....................Respondents Judgment October 30, 2003. Cases Referred to- 15 BLD (AD) 54; 29 DLR (SC) 271; 45 DLR 587, 43 D......rief, is that vic­tim Balika was brought up in the house of Islam, her maternal uncle, and she was given marriage to the petitioner three years back. Initially, the couple led a happy conjugal life but after one year, the petitioner started tortur­ing the victim both physically and menta..

Category: Criminal Law | Date: | Hits: 36

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

.... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... registered in connection with Mirpur P.S. Case No. 58(2)792) convicting the appellant and another under sec­tion 19 (a) and (f) of the Arms Act and sentenc­ing them separately there under to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences......with Mirpur P.S. Case No. 58(2)792) convicting the appellant and another under sec­tion 19 (a) and (f) of the Arms Act and sentenc­ing them separately there under to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences shall run concurrently. ..

Category: Criminal Law | Date: | Hits: 41

Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)

....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......d July 14, 1996. The Court by the judgment and order February 27, 1997 convicted the Respondent No.1 in the case registered under Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentenced him to suffer imprisonment for life. On appeal, Criminal Appeal No. 411 of 1997. The High Court Divisi......y the judgment and order February 27, 1997 convicted the Respondent No.1 in the case registered under Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentenced him to suffer imprisonment for life. On appeal, Criminal Appeal No. 411 of 1997. The High Court Division acquitted the Respondent ..

Category: Employment/Service Law | Date: | Hits: 83

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

....the Respondents on bail in the interest of justice, the trial court will be compe­tent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......ellant Vs. Abdus Satter and others....................Respondents Judgment April 5, 2004. Lawyers Involved: Syed Abu Kowser Md. Debirush Shan, Deputy Attorney General, instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the Appellant. Adbul......ected with the observations there were sufficient materials before the High Court Division in believing that the accused persons were guilty of an offence punishable with death or imprisonment for life. In criminal petition for leave to appeal No.29 of 1994 this Division approved the observation..

Category: Criminal Law | Date: | Hits: 35

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

.... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......shy;inal Appeal No. 1933 of 1993 upholding the convic­tion and sentence passed by the learned Sessions Judge, Rajbari in Session Case No. 1 of 1993 con­victing the sentencing the appellants to suffer rigorous imprisonment for five years under section 326 of the Penal Code and to pay a fin......location of bone or tooth. Disfiguration or perma­nent impairing of the powers of any member or joint, permanent privation of the hearing of either ear. Emasculation and any hurt which endanger life or which causes the sufferer to be during the space of twenty days or unable to follow ordina..

Category: Criminal Law | Date: | Hits: 78

Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)

....eal is allowed on modi­fication of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......rt of Additional District Magistrate, Dinajpur passed in case No. 366 (c) of 1990 convicting the appellant under sec­tion 6 (5) (b) of the Muslim Family Laws Ordinance, 1961 and sentencing him to suffer sim­ple imprisonment for one year and also to a fine of Tk. 5,000/- in default to suf......ider the submis­sion of the learned advocate for the petitioner that the sentence awarded was severe and harsh and that having regard to the nature of the offence and real­ity of the social life sentence of the convict may be reduced on the above and also on compassionate ground 4...

Category: Criminal Law | Date: | Hits: 35

Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)

....tridges which were seized by the impugned list to the petitioner immediately. Ed.         This Case is also Reported in: 1 ADC (2004) 13. ...... August 26, 2003. Lawyers Involved: Mahbubur Rahman, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Abdur Razaque Khan, Additional Attorney General, Md. Ataur Rahman Khan, Deputy Attorney General and Md. Faisal H. Khan, Assistant A......fire arms and cancellation of licens­es, that petitioner has been dealt with contrary to the established law and that he has been deprived of his right to self-defense, safety and security of life".   Mahbubur Rahman, the learned Counsel, appearing for the appell..

Category: Criminal Law | Date: | Hits: 40

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......- Bangladesh Vs. Giasuddin and others, 51 DLR (AD) 103; Krishna Mochi and others Vs. State of Bihar, AIR 2002 Supreme Court 1965. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Not......t of the learned Additional Sessions Judge, Kushtia wherein respondents were found guilty of the charge under Sections 302/34 of Bangladesh Penal Code and were sentenced to suffer imprisonment for life. The High Court Division by the impugned judgment found the respondents not guilty of the char..

Category: Criminal Law | Date: | Hits: 84

Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)

....are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......d, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is that the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. Th......certified copy of the deed of gift and filed the instant suit and the further case of the plaintiff is that the plaintiff and the defen­dant have been living in plot No.15 of Mazidia Mouza from life time of their father. The suit land is also being possessed by the plaintiff as he is the 50% ..

Category: Property Law | Date: | Hits: 24

Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)

....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......c of Bangladesh & another .........Appellants (In Civil Appeal Nos. 114 of 2008) Vs. B. M. Muhibur Rahman & others........ Respondents (In both cases) Judgment October 30, 2008. Cases Referred To- Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19; Sk. ......gency provisions which commences with Article 141A providing as under:  "141A. (1) If the President is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof, is threatened by war or external aggres­sion or int..

Category: Employment/Service Law | Date: | Hits: 122

State Vs. Md. Rafique, 2007, 36 CLC (AD)

....at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......The State……........Petitioner Vs. Md. Rafique..........Respondent Judgment September 30, 2007. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represe......eing aggrieved, by the aforesaid judg­ment and order, the accused preferred appeal before the High Court Division, which was dismissed with modification of sentence of death to imprisonment for life. 6. Mohammad Ali Akanda, the learned Deputy Attorney General, appear­ing for the pe..

Category: Criminal Law | Date: | Hits: 22

State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)

....the submissions of the learned Deputy Attorney General has got no sub­stance and accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......;…….. Petitioner Vs. Kalam Talukder and others…..........Respondents Judgment November 18, 2007. Lawyers Involved: Abdur Rouf, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Khondaker M...... well as facts and circumstances of the case, found the petition­er and others guilty for the  offence charged and as such convicted them there­under and sentenced to imprisonment for life with a fine of Tk. 10,000/-, in default, to  suffer rigorous  imprisonment for 2 year..

Category: Criminal Law | Date: | Hits: 38

Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)

....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-3. Not repre­sented-Respondent Nos. 4-22. Civil Petition for Leave to Appeal No.1507 of 2006. (From the judgment and order dated 29.03.2006 passed by the High......ne of propinquity of blood is the guiding principle for the law of inheritance under personal law. In the present case Nanibala is the daughter of the deceased last full owner and Nanibala sold her life interest in favour of Moniruzzaman by kabala dated 24.12.1980. Therefore by kabala dated 24.10..

Category: Property Law | Date: | Hits: 28

State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)

....t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ...... Ali Hossain alias Ali……………………....Respondent Judgment November 18, 2007. Lawyers Involved: Abdur Rouf, Deputy Attorney General, Instructed by Mr. B. Hossain, Advocate-on-Record- For the Petitioner. Not r......s 302/326 of the Penal Code. The trial Court on consideration of the materials on record convicted the accused under sections 302/326 of the Penal Code and sentenced him to suffer imprisonment for life. He was also found guilty under section 326 of the Penal Code and sentenced to suffer rigorous..

Category: Criminal Law | Date: | Hits: 48

State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)

....arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......hellip;Petitioner Vs. Abdul Kashem Member and others…….......Respondents Judgment April 20, 2008. Lawyers Involved: Syed Haider Ali, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Md. Nurul I......ellants 1. Abdul Kashem Member, 2. Abdur Rab, 3. Joynul Abedin, 4. Mostafa and absconding con­vict Sultan under Section 302/149 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Tk. 5,000/- each, in default to suffer imprisonment for 1 (one) year. 3...

Category: Procedural Law | Date: | Hits: 79

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ...... and another Vs. Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Mrs. Umme Kulsum, Begum, Deputy Attorney General-for the Respondent. Jail Appeal No. 01 of 2005 (From ......nbsp;  Md. Ruhul Amin CJ. - This is an appeal which has been allowed in part by majority judgment. The conviction has been maintained, but sentence of Death has been commuted to imprisonment for life. The appeal has been allowed by one of us and dismissed by one of us on modification of sentenc..

Category: Criminal Law | Date: | Hits: 62

Shabul Miah Vs. State, 2008, 37 CLC (AD)

.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 986. ......                  Md. Tafazzul Islam J.- The petitioner, the condemned-prisoner, seeks    leave to appeal from jail by filing this petition challenging the judgment and order dated 20.5.2007 pas......ent and order accepted the reference in part i.e. in respect of Sabul Miah, the petitioner, and dis­missed the Jail appeal with modification of sentence of Nuruddin alias Nuron to imprison for life. 3. We have heard Helal Uddin Mollah, the learned counsel for the petitioner and peruse..

Category: Criminal Law | Date: | Hits: 39

State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)

.... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......tin J The State ……………………….Appellant Vs. Md. Wazed Ali & another…….......Respondents Judgment August 7, 2008. Lawyers Involved: Abdur Rouf Mia, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Appellant. Nurul Is......iminal Appeal No. 1056 of 1990 arising out of Sessions Case No. 86 of 1995 dismissing the appeal filed by the respondent No.1 Wazed Mia and maintaining his conviction and sentence of imprisonment for life under section 302/34 of the Penal Code for committing murder of Kalu and allowing the appeal fi..

Category: Criminal Law | Date: | Hits: 38

Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)

....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 944. ......mmad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Palash Kumar Saha and another ………………..Petitioners Vs. Santosh Chandra Roy and others ………………Respondents Judg...... became the owner of the share to the extent of 2 anas+1 ana 4 pies= 3 anas 4 pies. Harendra died leaving behind two paternal Uncle's son, the defendant Nos. 1-2 and one widow Charubala who has got life interest in the property left by her husband. Thereafter Charubala died and as such, the defe..

Category: Property Law | Date: | Hits: 23

AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional eviden......o UK in 1972 and both of them were residing in their own house purchased by the plaintiff in London. The plaintiff and defendant No.1 did not have any issue of their own during their long conjugal life. Plaintiff used to manage the suit property through his younger brother, Ali Hossain Quarishi,..

Category: Procedural Law | Date: | Hits: 173