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Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ...... Wadud Bhuiyan, Senior Advocate, instructed by Abdul Kashem, Advocate-on-Record—For the Respondent Nos. 1-2. Not Represented—Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 621 of 2007. (From the Judgment and Order dated December 11, 2006 passed by th......nt and contending, inter alia, that the 'Ka' schedule land belonged to Wazed and Faizuddin and they mortgaged the 'Ka' schedttle land to Karim, that Karim filed Money Suit No.7 of 1950 during the lifetime of Wazed and Faizuddin since money borrowed was not paid by them and obtained decree, that..Category: Property Law | Date: | Hits: 32
Khan Yeakub Ali Vs. The State and others, 2008, 37 CLC (AD)
....her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ......yers Involved: S. N. Goswami, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No. 421 of 2007. Order Dela......n Nari-O-Shishu Case No. 59 of 1999 convicting the appellant under section 9(Ka) of the Nari-O-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 and Sentencing him to suffer regorous imprisonment for life and pay a fine of Taka 10,000/- in default to suffer rigorous imprisonment for further period..Category: Criminal Law | Date: | Hits: 40
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......min CJ.- I have read the judgments by my brothers Mohammad Fazlul Karim, J and Md. Joynul Abedin, J. I agree with the result of the appeals reached by my brother Md. Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul......er. 25. In the case of Khalilur Rahman vs. State, 33 DLR 12, accused Khalilur Rahman and Atiqulla were convicted under sections 302/34 of the Penal Code and sentenced to undergo transportation for life by the Additional Sessions Judge, First Court, Dacca in Sessions Case No. 113 of 1968 on 31-8-1..Category: Anti-Corruption Laws | Date: | Hits: 139
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. .....................Petitioners Vs. The State………………………Respondents Judgment June 5, 2008. Cases Referred to- 54 DLR (AD) 24; 44 DLR (AD) 60. Lawyers Involved: Khan Saifur Rahman, inst......eard with Death Reference No. 92 of 2003 rejecting the Death Reference and dismissing the Criminal Appeal with modification of sentence that death sentence be commuted to imprisonment for life. 2. The prosecution case, in brief, is that one Abul Hossain (deceased) father of the i..Category: Criminal Law | Date: | Hits: 22
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by ......er the impugned judgment and order is liable to be set aside. 5. It appears from the record that its is not disputed that Md. Yakub Ali was the original owner of the suit premises and during his life time he transferred the suit premises to his sons including the present plaintiff, Md. Miza..Category: Tenancy Law | Date: | Hits: 151
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
....nd as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......udgment February 15, 2007. Lawyers Involved: Ozair Farooq, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Golaitt Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal A......ation of the circumstantial evidence and. the confessional statement of the convict appellant convicted him under section 302/34 of the Penal Code and sentenced him to suffer imprisonment for life. Being aggrieved he preferred appeal before the High Court Division and the High Court Divisio..Category: Criminal Law | Date: | Hits: 47
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......31, 2008. Lawyers Involved: Mainul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Abu Bakkar Siddique, Deputy Attorney General instructed by Sajjadul Huq, Advocate-on-record- For the Respondent. ......42 of 1993 by the learned Additional Sessions Judge, First Court, Mymensing convicting the petitioners under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk.5,000/- each in default to suffer rigorous imprisonment for 6(six) mo..Category: Civil Law | Date: | Hits: 87
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ...... Das...........................................Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Land ...............Respondents Judgment October 29, 2007. Lawyers Involved: Sufia Khatun, Advocate-on-Record—For the Peti......adesh holding dual citizenship. The petitioner came to Bangladesh on the 1st August, 2001 and went to Sylhet to see his ancestral house and to renovate it and to reside there at the end of his life, and to his utter surprise he came to learn that the property has been declared as enemy prope..Category: Property Law | Date: | Hits: 54
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......ata Bigraha reported in 36 DLR 4716 DLR (SC) 457 Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 359 of 2005. (From the judgment dated 14.1.2004 by the High Court Division passed i......t No. 28; the above Devi Basak and Mrinalini Basak were entrusted with the duty of looking after the due performance of the Sheba Puja of the family idol as their father Rajan Mohan Basak, during his life time in the year 1980, orally dedicated the entire suit property along with other property to t..Category: Tenancy Law | Date: | Hits: 147
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. .........Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referred to- State Vs. Golam Mostafa and others, 49 DLR (AD) 32; Yousuf Ali Mollah Vs. King, AIR 1949......ial (vide Index Nos.7 and 8). The Special Martial Law Court No.4, Comilla upon trial convicted the appellant and co-accused Md. Hossain and Md. Yakub and sentenced each of them to imprisonment for life by judgment dated 15.3.1984. Appellant suffered rigorous imprisonment from 15.3.1984 to 16.11...Category: Constitutional Law | Date: | Hits: 109
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......State...........................Respondent Judgment May 4, 2008. Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioners. Zahirul Hague Zahir, Deputy Attorney General-For the Respondent. Jail Petition for Leave to Appeal Nos. 07 and 08 of 2005 ...... Reference No.17 of 2002 and Criminal Appeal No.1645 of 2002 accepting the death reference in part and dismissing the criminal appeal reducing the sentence from death to imprisonment for life. 2. The facts, in short, are that Most. Minuara Khatun (15), sister of informant P.W.1 ..Category: Criminal Law | Date: | Hits: 33
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......ected against the common judgment and order dated 22.04.2002 passed by a Single Bench of the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts are that the pl......lding and he adversely possessed the suit land long over statutory period to the knowledge of all concerned and after the death of Nasiruddin his heirs are possessing the suit land. During the life time of Nasiruddin he made a gift of .32 acres of land from Plot No.10 to his wife by the Heba..Category: Property Law | Date: | Hits: 106
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......: V ADC (2008) 588. ...... discharging the rule. 2. The facts, in short, are that following an advertisement by the Government in the newspapers inviting applications from interested persons to do business of general and life insurance in the private sector the appellant submitted application seeking registration of a..Category: Business or Commercial Law | Date: | Hits: 81
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ......ahidul Huq, Advocate-on-Record) - For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by the High ......laintiff came back after obtaining his higher degree and joined his work in Bangladesh Inland Water Transport Corporation, Dhaka. The defendant taking advantage of his absence started to lead fast life. The plaintiff constructed a two storied building on the land so purchased with a plan of four..Category: Property Law | Date: | Hits: 20
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... 357 of 2006). Md. Ishaque...................Respondent (In Criminal Petition No. 358 of 2006). Judgment August 19, 2007. Lawyers Involved: Abdur Rouf, Deputy Attorney General, instructed by Ibrahim Khalil, Advocate-on-Record- For the Petitioners (In all the c......, 2nd Court, Dhaka who convicted the accused Respondents in the respective petition for Leave under sections 302/34 of the Penal Code and sentenced each of them to suffer rigorous imprisonment for life and to pay a fine of Tk. 50,000/- each in default to suffer rigorous imprisonment for 1(one) y..Category: Criminal Law | Date: | Hits: 36
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......ed. The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for......emacy of the Constitution guaranteed by Article 7 of the Constitution. By way of passing of the impugned Act and issuing the impugned order the respondents acted contrary to the provision of right of life and personal liberty enshrined in the Constitution and, as such, the impugned Act and the impug..Category: Criminal Law | Date: | Hits: 59
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......e State…...............................Appellant Vs. Nur Husain alias Hiron……........... Respondent Judgment August 17, 2006. Cases Referred to: 9 BLC (HCD) 668; 54 DLR 98; 15 BLD (HCD) 477; 44 DLR (AD) 95; 49 DLR (AD) 130 and 175; ......, or knowing or having reason to believe that it is intended to be used, for counterfeiting any currency-note or Government stamp, 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..Category: Criminal Law | Date: | Hits: 38
Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)
....xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......petitioner. Rafique-ul-Huq, Senior Advocate, Ahsanul Karim Advocate with him, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Respondents. Civil Petition for Leave to Appeal No. 1804 of 2007 (From the Order dated 13th November, 2007 passed by the High Cour...... 2007 passed by the High Court Division granting bail of the Respondent-writ-petitioners. 2. The writ-petitioner No.1 alleged that he has suffered head injury in an incident while saving the life of a worker being hurt with a shaft of a container resulting in blood clog in his brain and a..Category: Others | Date: | Hits: 84
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ...... Md. Hassan Ameen J The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. Case Referred to- Abu Taher and others vs. Shrifa Begum and others, 15 BLD (1995) (AD) 91. Lawyers ......take judicial notice of the fact about the present condition of law and order situation in the country and as such it is not unlikely that a witness does not hesitate to tell the truth for fear of life. 11. No one appeared on behalf of the respondent. 12. We have heard the learned ..Category: Criminal Law | Date: | Hits: 24
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 2007. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by ...... The trial Court on consideration of the materials on record convicted accused Salim, Azahar and Nasir under section 302/34 of the Penal Code and sentenced each of them to suffer imprisonment for life and to pay a fine of Tk. 5,000/- in default to suffer rigorous imprisonment for 3 months more. ..Category: Criminal Law | Date: | Hits: 26
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