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Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)

.... 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) 392. ...... A.J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 601 of 2005 (From the judgment and order dated the 22nd March, 2005 passed by the H......o Akramullah, the father of the defendant No.2 who died leaving being 3 sons named Abedullah, Ershadullah and Abdul Gofur and 2 daughters named Soreja Bibi and Ruyeza Bibi; that Akramullah during his life time made wakf of 0.04 acres of land in suit plot and on 09.07.1973 Abid Ali and Ershadullah so..

Category: Property Law | Date: | Hits: 42

Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)

....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ...... February 12, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 144 of 2004. (From the judgment and order dated 7-1-2004 passed by the High C...... Jail Appeal No. 2268 of 2001 and Criminal Appeal No. 2089 of 2001 affirming the order of conviction under section 302 of the Penal Code, modifying the sentence of death to that of imprisonment for life. 2. The petitioner was tried on the charge of killing his wife Monowara Khatoon, siste..

Category: Criminal Law | Date: | Hits: 99

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......Md. Tafazzul IslamJ Guljan Bibi and others...............Petitioners Vs. Md. Fazlu Miah and others.....Respondents Judgment August 6, 2006. Case Referred to: Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar and others, 29 DLR (SC) 137. ......petitioners the preamble and the Article 4 of the President's Order 12 of 1972 are quoted below: "The preamble - Where as during the material period there was disruption of normal life and activities throughout Bangladesh; And whereas due to the reign of terror perpet..

Category: Property Law | Date: | Hits: 48

Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)

....judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No. 102 of 2004. (From the judgment and order dated 09.02.2003 passed by the High Cour......s ene­mies. 4. The learned Additional Sessions Judge by judgment and order dated 10.03.1992 convicted petitioner under Section 302 of the Penal Code and sentenced him to imprisonment for life and fine of Tk. 5,000/- in default, to suffer rigorous imprisonment for two years and the pet..

Category: Criminal Law | Date: | Hits: 39

Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)

....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ...... Haque Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not Represented- For the Respondents.   Criminal Petition for Leave to Appeal No. 430 of 2006. (From the judgment and order dated 28.8.2006 and 29.8.2006 passed......and Gazi Liakat and when the informant asked him to com& back home accused Khaleque gave order to accused Babul to shoot her husband. Deceased Gazi Liakat tried to flee away to save his life but they caught him and shot him indiscriminately. On hearing the hue and cry local people cam..

Category: Criminal Law | Date: | Hits: 38

Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)

....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ...... Khondker Mahbubuddin Ahmed, Senior Advocate, represented by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 178 of 2004. (From the judgment and order dated 17-01-2004 passed by the High ......t of the record of the High Court Division. As to whether the accused-peti­tioners were negligent of their duties or they acted beyond their duty and their action had ultimately taken away the life of child in the womb of the informant opposite-party No.2 is still to be tried after examinati..

Category: Criminal Law | Date: | Hits: 42

Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)

....appeal.  There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ...... Judgment March 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented - the Respondent. Criminal Petition for Leave to Appeal No. 58 of 2004. (From the judgment and order dated 10.11.2003 passed by the High Co......rials on record found 3 accused including the two petitioners guilty for the offence under section 396 of the Penal Code and convicted them thereunder and sentenced them to suffer imprisonment for life as well as to pay a fine of Tk.5,000/- each with default clause as mentioned above and the res..

Category: Criminal Law | Date: | Hits: 32

Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)

....Pramanik and others report­ed in 34 DLR (HCD) 179 where it has been held:- "Considering the aforesaid provi­sions of sub-sections (1) and 3 of Section 3 of the Hindu Womens Rights to the Property Act (XVIII of 1937) it clearly appears that during the period of her life......ayee Barmani alias Srimati Bulmayee Barmani and another.........Petitioners Vs. Sree Madhuram Barman and another.....Respondents Judgment April 16, 2006. Case Referred to: Rai Krishna Shaha vs. Md. Matleb Ali Pramanik and others, 34 DLR (HCD) 179. Lawye......; Sharbananda, who got 1.00 acre of land in his share, he died leaving behind one daughter the defendant No.1 and one son the plaintiff No.2, the plaintiff No.1 was possessing the suit land as her life estate; that plaintiffs have homested in the westernside of Plot No. 227 and they, without par..

Category: Property Law | Date: | Hits: 67

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..................Petitioner Vs. The Court of Joint District and 2nd Artha Rin Adalat, Dhaka and others......... Respondents Judgment January 26, 2006. Cases Referred to: Hanak v. Green [1958] 2 All E.R. 141, C.A.; The Leon [1985] 2 Lloyds L.R. 470; Gilbert......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..

Category: Civil Law | Date: | Hits: 96

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellants Vs. Abu Bakr Siddique…………………………………………………………Respondents Judgment June 18, 1976. Cases Referred to- National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, 7 DLR 606; Israil vs. Shamsur Rahm...... court has power to issue mandatory injunction in ad interim form was accepted but it was held that such a power was rarely exercised and could be used only when there was an imminent grave danger to life or property or for the purpose of restoring or maintaining status quo, relying upon a decision ..

Category: Property Law | Date: | Hits: 31

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......on in Civil Revision No. 4173 of 1994) Judgment                 Md. Ruhul Amin J. - Plaintiff obtained leave to appeal against the judgment dated February 13, 2002 of a Single Bench of the High Court Division......that plaintiff has no cause to file the suit and that the suit has been filed upon making untrue statements. It was the case of the defendants that as the plaintiff was leading unsocial and immoral life and thereby embarrassed his father Mohendra Kumar Nath and the members of his family and that ..

Category: Property Law | Date: | Hits: 46

Nantu Vs. State, 2007, 36 CLC (AD)

....the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......d. Hassan Ameen J Nantu………………………..Petitioner Vs. The State .................Respondent Judgment October 3, 2007. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md......09-08-1996 corresponding to G R. No.298 of 1996 converting the accused-appellant and others under Sections 302/149 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Tk. 5000/- each, in default to suffer rigorous imprisonment for a further..

Category: Criminal Law | Date: | Hits: 37

Malek Gharami Vs. State, 2007, 36 CLC (AD)

.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......e-on-Record-For the Petitioner.                Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 167 of 2004. (From the Judgment and Order dated April 19, 2003 passed by the H......ourt of Additional Sessions Judge, Madaripur in Session Case No. 10 of 1996 convicting the petitioner Malek Gharami under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to a fine of Tk.5,000/- in default to suffer rigorous imprisonment for one year more..

Category: Criminal Law | Date: | Hits: 38

Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)

....d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent.     Criminal Petition for Leave to Appeal No. 110 of 2004. (From the judgment and order dated 28.3.2004 passed by the High C......sed by the learned Additional Sessions Judge, 1st Court, Satkhira in Sessions Case No.23 of 1990 convicting him under sections 302/34 of the Penal Code and sentencing him to suffer imprisonment for life for the murder of his own baby daughter, Rokshana, born of his second wife and informant Jami..

Category: Criminal Law | Date: | Hits: 41

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......llip;……….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioner. Not repre......him under Sections 302/34 of the Penal Code. The Court of Sessions by the selfsame judgment upon convicting 6 others under Sections 302/34 of the Penal Code sen­tenced them to imprisonment for life and to pay fine of Tk.10,000/- each, in default, to suffer one year rigorous imprisonment. Cri..

Category: Criminal Law | Date: | Hits: 44

Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)

....b­stance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 128. ...... Advocate-on- Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-8. Not Represented- the Respondent Nos. 9-43. Civil Petition for Leave to Appeal No. 959 of 2005. (From the judgment and order dated the 15th May, 2005 passed by t......of the suit land stating, inter alia, that the' suit land as described in the schedule to the plaint belonged to Ochi Miah Chowdhury in whose name R.S. Khatian was prepared correctly and during his life time he gifted 264 chhataks of land to his 4 sons by 2nd wife namely Shamsul Hilda, defendant..

Category: Property Law | Date: | Hits: 38

Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)

....d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......ers Involved: M. Enayetur Rahim, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 191 of 2004. (From the judgment and order dated 12.05.2004 passed by the High Cou...... order dated 06 February 2000 convicted the petitioner No.1 Asgar, petitioner No.3 Mukul and Refiqul (not petitioner) under Sections 302/34 of the Penal Code and sentenced them to imprisonment for life and fine of Tk. 3,000/- each, in default, to suffer rig­orous imprisonment for six months ..

Category: Criminal Law | Date: | Hits: 43

Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)

....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......e Petitioner. Khan Saifur Rahman, Senior Advocate, instructed by Abu Siddique, Advoate on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 192 of 2006. (From the judgment and order dated 30.03.2006 passed by the High Cou......e learned Metropolitan Additional Sessions Judge, 2nd Court, Dhaka who examined 14 witnesses from the prosecution and after hearing the parties convicted the accused respondents to imprisonment for life and to pay fine of Tk. 50,000/= in default, to suffer rigorous imprisonment for one year more ..

Category: Criminal Law | Date: | Hits: 36

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......ip;………………………………………..Respondents Judgment January 11, 1982. Cases Referred to: Mst. Khairunnessa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and ......ere use of the word "waqf" in the declaration. According to him, if a person says "I give this land by way of waqf to Zeyd", the waqf is complete. Zeyd has the usufruct for his life, and after his death, the income will go to the poor, though the poor are not expressly mentio..

Category: Trust/Waqf Law | Date: | Hits: 171

Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)

....h view of the matter we do not find any sub­stance in this petition. 11. The petition is accordingly dis­missed. Ed This Case is also Reported in: IV ADC (2007) 803. ......s. The State………………………………………………Respondent Judgment October 16, 2006. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instr...... tried by the learned Additional Sessions Judge and Special Tribunal No.2, Sylhet they have been convicted under Section 3 of the Explosive Substance Act and were sentenced to imprison­ment for life. The convict petitioners and co-accused Zamir Ali preferred Criminal Appeal No. 2053 of 2005 ..

Category: Criminal Law | Date: | Hits: 44