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Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....ence defying the public sentiment against the products in question and that it would be unwise to give licence to produce and marketing of such type of alcoholic drinks in the name of right to trade. Right to protecÂtion of life is more than right to trade and as such the impugned judgment cannot b...... ......entiment against the products in question and that it would be unwise to give licence to produce and marketing of such type of alcoholic drinks in the name of right to trade. Right to protecÂtion of life is more than right to trade and as such the impugned judgment cannot be mainÂtained. 9. He ..Category: Criminal Law | Date: | Hits: 76
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......ellant Md Wasim Mia against judgment and order dated 9 April 2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 473 of 2002 dismissing the appeal so far as it relates to the appellant. 2.The facts leading to the leave petition, in short, are that one Champa K......cused under section 9(1) read with section 30 of the Act and after recording evidence convicted both the accused under section 9(1) of the Act and sentenced each of them to suffer imprisonment for life and to pay fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for two years..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......n, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petition No. 444 of 2006 & Jail Petition Nos. 6 of 2006. Abdur Rezaque Khan, Additional Attorney-General (Helaluddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General w...... accordance to law for the commission of the offence providing sentence of death, his contention referring to provision of Article 31 of the Constitution so far provision thereof relates to 'right to life' is not well founded in law. I agree with the judgment as well as the conclusion arrived at ..Category: Criminal Law | Date: | Hits: 213
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....ituÂtion. We do not think so, for, if the petitioner can establish a case of double jeopardy on facts he can invoke the law under which he is proceeded against which cannot be opposed to Fundamental Rights and the Tribunal is competent to enforce the statute. The matter arising from a departmental ......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Serajul Islam (Md)........…………………………..............Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990.......nalogy to punishment of Government Servants in a departmenÂtal proceedings as well. Learned counsel further conÂtends that Article 31 of the Constitution which proÂhibits any action detrimental to life, liberty, reputation or property of any person except in accorÂdance with law has been violate..Category: Constitutional Law | Date: | Hits: 159
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ...... (AD) (1990) 192. ......e of the informant to take away the coconut tree. The informant, his father deÂceased Babujan and Rajjab came in front of them and protested. At this the accused party chased them and due to fear of life they entered into their hut and the accused persons started beating on the fence of the hut. Be..Category: Criminal Law | Date: | Hits: 117
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......ds) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation It is apparent that for change of polling station whether in the case of first election or repoll a period of fifteen days to intervene between the date of change and that of the poll is necessary. In case of any indispensa...... was arranged in these CenÂtres by an order of the Returning Officer dated 5 April 1988, the Presiding Officers and the Polling Officers expressed their inability to go to those placÂes for fear of life, pointing out that on the previous occasion they had been rescued from the furious mob by the p..Category: Election Law | Date: | Hits: 163
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his two brothers who were unar......n has confirmed the said sentence. Leave to appeal was granted to consider the only question as to whether there was any extenuatÂing circumstance for passing the lesser sentence of imprisonment for life instead of death under section 302 of the Penal Code. 2. The condemned-prisoner Abed Ali alo..Category: Criminal Law | Date: | Hits: 65
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......;…….Appellants Vs. Md. Jahurul Islam Chowdhury and other………….........Respondents Judgment April 30, 2006. Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61;......zzal Hossain in respect of the land of 'Kha' and 'Ga' schedule was never acted upon, nor it was treated as a deed of transfer by any of the parties to the deed, that Izzatullah Chowdhury during his life time was in possession of all the disputed property through bargaders, that plaintiff No.2 wh..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......yers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by the High ......er to make morally wrong gestures in the said blue-film and the accused petitioner Rafiqul Majid Pintu and a few others abetted the aforesaid offence by putting her under coercion and threat to her life and on the basis of the aforesaid FIR, Ramna P. S. Case No. 28 dated 09.01.2002 was started u..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ...... Judgment December 8, 2004 Lawyers Involved: Md. Nawab Alt, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 146 of 2003. (From the Judgment and Order dated 5th May, 2003 passed by the Hi......l Tribunal Case Number 70 of 1991 convicting the accused respondent under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentencing him to suffer Imprisonment for life and also to pay a fine of Tk. 5,000/- in default to suffer rigorous imprisonment for&nbs..Category: Procedural Law | Date: | Hits: 100
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. .........Petitioner Vs. Md. Shahidul Islam @ H. M. Shahid..............Respondent Judgment November 23, 2005. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate- on-Record-For the Petitioner Not R......amon Ain, 2000 (in short Ain) by the learned Judge Nari-O-Shishu Nirjatan Damon Bishes Adalat-2, Dhaka on 15-05-2002 convicting him under Section 7 of the Ain and sentencing him to imprisonment for life and to pay fine of TK. 5,000/- in default, to suffer rigorous imprisonment for 6 (six) mo..Category: Criminal Law | Date: | Hits: 34
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......00/- per month. He is a defaulter in the payment of monthly rent from November, 1981 and inspite of repeated requests and demands made by the plaintiff and his agents the appellant did not pay rent to him ever since. On the contrary the appellant filed House Rent Case No. 110 of 1982 before the ......ce of these documents, it is clear from the deposition of the plaintiff-respondent at the trial that the plaintiff himself did not realise any rent from 1979 to August, 1985 as according to him his life was not safe. There is absolutely no evidence that the plaintiff-respondent ever informed..Category: Property Law | Date: | Hits: 33
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......ts (In both the cases) Judgment: Md. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench of the Hi......g the same to have been executed by Kancha Mai though they never claimed the suit land by virtue of that fraudulent kabala nor did they any try to take possession of the suit land during their life time on the basis of the said kabalas; the plaintiff has exchanged 1.19 acres of land out of ..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....y J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment August 8, 2004 Lawyers Invo......desh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment August 8, 2004 Lawyers Involved: Abdur Razaque Khan, learned Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellants. Sig......kers as the Deputy Commissioner, elected representatives of the people and officers of other civil administrations were also present during the operation. He further submits that the right to life and right to livelihood of the sex-workers claimed by the writ petitioners mean legal liveliho..Category: Constitutional Law | Date: | Hits: 150
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......p;…...Appellant Vs Delwar Hossain Talukder.......................Respondent Judgment May 26, 2003. Lawyers Involved: Abdur Razzak Khan, Additional Attorney General (Faisal H. Khan, A. A. G. with him), instructed by Mvi. Md. Wahidullah, Advocate-on-......al Code. Section 497 of the Code of Criminal Procedure speaks of that when there is a reasonable ground for believing that a person is guilty of offence publish-able with death or imprisonment for life, he should not be granted bail. Section 497 of the Code of Criminal Procedure although is a pr..Category: Criminal Law | Date: | Hits: 68
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......140; State vs. Ful Mia, (2000) 5 BLC (AD) 41; Abdul Karim vs. State and another, (1981) 1 BLD (AD) 200; Abdur Rashid vs. the State, 27 DLR (AD) 1. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record- For the appellant. Abdul......der alias Kada, Hasen Ali, Dudu alias Duda Mondal, Mafizuddin alias Chan, Sayeduzzaman and Abdur Rahman, under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mondal of the ch..Category: Criminal Law | Date: | Hits: 44
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. .................................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007 Lawyers Involved: Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner ......6.2004 passed by the High Court Division in Death Reference No.26 of 2001 rejecting the death reference with commutation of the sentence of death inflicted upon the Respondents to imprisonment for life. 2. Prosecution case, in brief, is that on 23.05.1997 informant (P.W.I) Mst. Tanjila Kh..Category: Criminal Law | Date: | Hits: 36
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......etary, MinÂistry of Law and JusÂtice & others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangla......gladesh Red Crescent Society, purportedly issued to give effect to the impugned amendments. 3. The appellant's case is that he has been a member of the Society since its inception in 1973, and its life-member since 1976; that he is the elected Vice-Chairman of the Magura District Unit; that afÂt..Category: Constitutional Law | Date: | Hits: 170
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......t: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Shubra Nandi Majumdar……………………………................Appellant Vs. Begum Mahmuda Khatoon.....…………………………….....Respondent Judgment November 27,1989. Resu......hile Transfer of Property Act deals with transaction inter vivos, the SuccesÂsion Act deals with the estate of the deceased. The Respondent may have concluded a contract with the testator during his life time but section 283 deals with the estate of the deceased for the purpose of granting probate ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......t Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................……………â....... Mainul Hosein that conviction has been recorded on unreliable or inadmissible eviÂdence. 12. The appellant has been convicted under s.326 of the Penal Code which provides for impriÂsonment for life or imprisonment which may extend to 10 years. But she has been awarded only sentence of 2 (two)..Category: Criminal Law | Date: | Hits: 50
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