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State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 172; Abdul Wadud Vs. the State, (1995) 3 BLT (AD) 326. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Khan ......trate empowered to take cognizance of such offence or making the order for investigation may, if the offence to which the investigation relates is not punishable with death, imprisonment for life or imprisonment exceeding ten years, release the accused on bail to the satisfaction of such ..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Paritosh Rudra…………………………Petitioner...... that there is no denial to the fact that the deceased were living in the house of the accused-petitioner (P.O. house) on the date and he (accused-petitioner) ever took any attempt to save the life of the deceased. 12. The learned Judges of the High Court Division affirmed the convict..Category: Criminal Law | Date: | Hits: 43
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ...... Lawyers Involved: Kamal-ul-Alam, Advocate instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1183 of 2005. (From the Judgment and Order dated May 11, 2005 passed by the Hig......plaintiffs are entitled to the extent of share to the land in suit as heirs of Hakim Jan Bibi, that Hakim Jan Bibi's heirs by inheritance is not entitled to any land since Hakim Jan Bibi during his life time exhausted her interest in respect of the land she got by inheritance from Omar Ali and t..Category: Property Law | Date: | Hits: 24
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No.252 of 2005 (From the judgment and order dated 18.04.2005 passed by the High Co......ccused Md. Aminur Rahman, Md. Shirajul Islam @ Khasru and Dulal under section 9(3) of the Nari-0-Shishu Nirjatan Daman Ain, 2000 and sentencing each of them to suffer, imprisonment for life and to pay a fine of Tk.10,000/- in default to suffer rigorous i imprisonment for one ye..Category: Criminal Law | Date: | Hits: 61
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......ate (Mahbubey Alam, Senior Advocate with him) instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Petitioner (In all the cases) Fida M. Kamal, Attorney General instructed by Md. Nawab Ali, Advocate-on-record- For the Respondents (In all the cas......f 7 feet from the ground level and has been developed over a period of last 30 years. 3. Late A. R. M. Inamul Haq father of the petitioner was a philanthropist and did many things during his life time for the advancement of education. Before his death he expressed his desire to donate his..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. .................Petitioners Vs. Md. Waziullah........................Respondent Judgment February 6, 2008. Lawyers Involved: Hasan Faez Siddique, Additional Attorney General, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioners A. F. ......ssfully completed DTS course in 1988, Renewal Course in 1989, TTS Course in 1996, Prosecution Course in 1998 and Immigration Training in 2003. He had unblemished service record. During his service life he was given 44 rewards. While he was working as an ASI of Special Branch, Dhaka received the ..Category: Administrative Law | Date: | Hits: 120
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......Appeal No. 52 of 2007) Anisul Huq, learned Advocate, instructed by Syed Mahbubur Rahman, Advocate-in-Record—For the Appellant (In Criminal Appeal No. 53 of 2007) Abu Bakkar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases)...... 6. The Sessions Judge after consideration of the evidence on record convicted the respondents of the charges under sections 302/34 of the Penal Code and sentenced each of them to imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for one year..Category: Criminal Law | Date: | Hits: 94
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......gment May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence ......iate and necessary by the Government, by notification in the official gazette, to ensure the security and interest of the State and the public or to maintain law and order or to maintain the economic life of the nation, or to control and prevent corruption at different levels of national life, or ..Category: Civil Law | Date: | Hits: 254
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ...... another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another…..Respondents (In Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor......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: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......ip;……………….......Respondents Judgment December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the Hi...... submits that to call or to observe 'Hartal' is a democratic right exercised under the purview of the basic structure of the Constitution of Bangladesh. Although it causes a disruption of the daily life of the common people, it is the most peaceful expression of protest whereby people absta..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......manent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold the same to Abdur Razzaque by the kabala dated July 26, 1960 and said Abdur Razzaque sold the land so purcha...... re-conveyance Abdul Hamid got the land sold on July 26, 1960 reconveyed by the kabala dated May 15,1961 executed by Abdur Razzaque and since re-conveyance Abdul Hamid possessed the land during his life time and after him his heirs defendant Nos.1-9 are in possession of the land i.e. the suit lan..Category: Property Law | Date: | Hits: 42
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......pellants Vs. Secretary, Ministry of Industries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangl......t, but as has been noticed in 28 DLR (AD) 120 and 30 DLR (AD) 101 the definition contains the clause on exclusion and inclusion. One thing is very well settled that no person shall be deprived of his life and property unless it comes within the clear provisions of law itself. He cannot be deprived o..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......-Chairman of the Nalchity Girls High School filed the aforesaid suit stating, inter alia, that Nalchity Girls High School (the School) was established in 1966 for the purpose of imparting education to the girls of the locality, that the School imparts education to the girls from Class VI to X, t......s that which belongs to a person exclusively or others, and can be the subject of bargain and sale. It includes goodwill, trade marks, licences to use a patent, book debts, options to purchase, life policies, and other rights under a contract" (Halsbury's Laws of England, 3rd Edition, V..Category: Civil Law | Date: | Hits: 216
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....Policy refers to the importance of establishing a regulatory framework for ground water management. 17. It also appears that under the International Covenant on Economic, Social and Cultural Rights, 1966 (the Covenant),which was ratified by Government of Bangladesh in the year 1998, ......ellip;…..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2005. Cases Referre to: Virendar Gaur vs. State of Haryana (1995)2 SCC 577; Vineet Narain vs Union of India, AIR......ohibition or regulation of 'any .....process', subject to certain procedures, provided that the DG may, in cases of urgency, instantly give necessary direction, if it appears that public life is about to be disrupted due to environmental pollution (Section 4(3) Act); - for r..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......f 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to......witnesses examined by the defence held by an order dated 19th March 1986, all the accused guilty of murder, convicted them accordingly, sentenced Abu Taher to death and others to transportation for life. On appeal, as well as on a reference under section 374 CrPC, the death sentence was commuted..Category: Criminal Law | Date: | Hits: 74
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ...... Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant Abdur Rouf, Deputy Attorney General instructed by Sajjadul Huq, Advocate-on-Record- For the Respondent Criminal ......he appellant guilty under Section 302 of the Penal Code and sentenced him to death and also found Imam Hossain guilty under Sections 302/109 of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Tk.10, 000/in default to suffer rigorous imprisonment for one year. ..Category: Criminal Law | Date: | Hits: 52
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ...... order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was accordingly prepared and ......by filing written statement. They denied the material allegations made in the plaint and contended, inter alia, that the interest of plaintiffs' predecessors extinguished 40/43 years ago during their life time and the defendants acquired title and possession in the suit land. The further case of the..Category: Property Law | Date: | Hits: 26
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... Judgment March 8,1990. Result: The appeal is dismissed. The Evidence Act, 1872 (1 of 1872), section 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason w......1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very fr..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......;…………Respondent Judgment February 5, 2007 Lawyers Involved: Sarwar Ahmed, Advocate- For the Petitioner. Mrs. Fahima Nasrin, Deputy Attorney General-For the State. Jail Petition No. 20 of 2004 Judgment: &nb......dered the argument of the learned Counsel for the condemned prisoner that the condemned prisoner being a young man of 33 years, the ends of justice would be met if the sentence of imprisonment for life was awarded on him instead of death sentence. But the High Court Division opined that in ..Category: Criminal Law | Date: | Hits: 57
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......ellip;.........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner Not......dge, 2nd Court, Barisal he recorded evidence and passed the Judgment and order convicting the accused respondents under Sections 302/34 of the Penal Code and sentenced them to imprisonment for life and to pay fine of TK. 5,000/-each in default to suffer rigorous imprisonment for one yea..Category: Criminal Law | Date: | Hits: 41
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