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Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......No. 53of 1995) vs Sreemati Shaibalini Ghose & ors…………......Respondents (In all Appeals) Judgment November 27, 1997 Cases Referred to- Hajee Abdus Sattar v. Mahiuddin & ors 38 DLR (AD) 97; Amritalal vs. Uttam Lal, AIR 1......adananda Ghose had been paying rent for the suit promises to Amar Krishna Chowdhury and his co- sharers namely, Benode Behari and others. Plaintiffs' case further is that Sadananda Ghose during his life time inducted plaintiff Nos. 1, 3, 4, and 5 and the predecessor of plaintiff No. 6. Parul Bal..Category: Property Law | Date: | Hits: 106
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......Involved: A. F. M. Mesbahuddin, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 137 of 2003 (From the Judgment and Order dated 9.04.2003 passed by the High C......d 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 Tk. 10, 000/- each, in default, to suffer rigorous imprisonment for two ye..Category: Criminal Law | Date: | Hits: 57
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......r Chowdhury J Abdur Rouf Sarder...............Petitioner Vs The State...........................Respondent Judgment March 16, 2006. Case Referred to- Siddique Munshi Vs. The State, 44 DLR (AD) 169. Lawyers Involved: Abdu......716 of 1994 allowing the appeal in part, altering the order of conviction of the petitioner from Sections 302/34 of the Penal Code to Section 304 Part-I of the Code and modifying the sentence from life imprisonment to rigorous imprison for 10(ten) years and fine of Tk. 3,000/- in default, to suf..Category: Criminal Law | Date: | Hits: 52
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners Firoz Shah Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 194 of 2003 (From the Judgment and Order dated 30.04.2003 passed by the High ......y;tioner Mizanur Rahman alias Mithu and Shaheen Faraji under Section 326A read with sections 34 and section 457 of the Penal Code but altering the sentence of the death to that of imprisonment for life and awarding no separate sentence under section 457 of the Penal Code and setting aside the or..Category: Criminal Law | Date: | Hits: 48
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ...... Appeal No. 283 of 1998) Judgment: Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal Appeal No. 283 of 1998 ......jbari P.S Case No. 2 dated 09-07-1990 being G.R No. 47 of 1990. Sessions Judge After holding trial convicted the petitioner under section 302 of Penal Code sentencing him to suffer imprisonment for life and pay a fine of Tk. 5,000/00 and in default to suffer rigorous imprisonment for further 6 mo..Category: Criminal Law | Date: | Hits: 43
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... in title suit No. 48 of 1985 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in respect of the land described in the schedule attached to the plaint. 2. Facts averring which the suit was filed in short, are that the land in sui......he land in suit were inherited by his 3 sons, that during S.A. operation the land in suit was recorded in name of said 3 sons and therein wrongly name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had neither inherited the property of Jatinadra nor got any pro..Category: Property Law | Date: | Hits: 23
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Gaffer, Advocate (appeared with leave of the court) instructed by A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners Not Respondent-Respondent Criminal Petition for Leave to Appeal No. 179 of 2003 (From Judgment and Order dated 26.4 2003 passed by the High Court ......003 passed by a Division Bench of the High Court Division Criminal Appeal No.1127-of 1998 allowing the appeal in part by reducing the sentence of appellant No.1 from imprisonment for life to 10 years and a fine of TK. 10,000/- in default to suffer rigorous imprisonment for two yea..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ...... August 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on- Record-For the Appellants (In all cases) Borhanuddin, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate- On-Record -For the Respondent. (In Crl. A......he charge under Section 302/149 of the Penal Code and sentenced appellant Farukur Rahman @ Farook to death and the two other appellants Sajjad Shaheen @ Prince and Miraj Hossain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record was sent to ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......a @ Isphil..........Appellant vs The State………………………………….Respondent Judgment October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructe......o Tk. 1000/- in default to suffer simple imprisonment for 6(six) months and affirming the judgment and order of conviction under Section 302 of the Penal Code and sentence of imprisonment for life dated 22-4-1993 passed by the learned Sessions Judge, Rajshahi in Session Case No. 105 of 1991..Category: Criminal Law | Date: | Hits: 53
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ...... Involved: Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 210 of 2003 (From the Judgment and Order dated 11.05.2003 passed by the High C......ent and order of the Sessions Judge, Kishoreganj, in Sessions Case No. 100 of 1984 convicting the accused petitioners under sections 302/34 of the Penal Code and sentencing them to imprisonment for life and to pay fine of TK. 10,000/- (ten thousand) each, in default, to suffer rigorous imprisonme..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ...... Amirul Kabir Chowdhury J The State...........................Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed ......ated 26.11.1991 convicted the appellant Moniruzzaman Kazi @ Thanda Kazi and Sarwar Hossain Mollah @ Chhore Molla under section 326A of the Penal Code and sentenced both of them to imprisonment for life and to pay a fine of TK. 10, 000/- each in default to suffer rigorous imprisonment for 1 (One)..Category: Criminal Law | Date: | Hits: 29
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ...... Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evidence Act, 1872 (I of 1872), Section 106 Normally, there is no burden on the accused to offer the reason of death of a person for which he is tried. But the deceased living with the ac......als. The Sessions Judge after consideration of the evidence on record convicted the respondents of the charge 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 yea..Category: Criminal Law | Date: | Hits: 129
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......lant Vs. Omar Ahmed……………..Respondent. Judgment December 6, 2007. Lawyers Involved: Salah Uddin Ahmed, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record, For the Appellant. ......High Court Division allowed the Miscellaneous Case and transferred the Druta Bichar Tribunal Case from Druta Bichar Tribunal, Barisal to Druta Bichar Tribunal, Khulna on the allegation that the life of the accused respondent is at a stake at Barisal due to threatening made by opposite party...Category: Criminal Law | Date: | Hits: 41
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ............Respondent Judgment August 20, 2007. Result: The appeal is allowed. Cases Referred to- Bhuponi Shahu vs King AIR 1949 PC 257; Lutfun Nahar Begum vs State 27 DLR (AD) 29; Babor All ......on 396 of the Penal Code and thereupon sentence of death was passed in respect of the said convicts. 3. The High Court Division by the same judgment also commuted the sentence of imprisonment for life passed by the trial Court as regard Rabiul Molla (Rabiul), Wahed Khan and Abdus Salam Molla to ..Category: Criminal Law | Date: | Hits: 63
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......Petitioner Vs Arman Ali and others..................Respondents Judgment June 11, 1987. Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable ......The learned Additional Sessions Judge on a consideration of the evidence and materials on record convicted the respondents under the aforesaid section and sentenced each of them to transportation for life while acquitting two other accused of the said charge. 5. On appeal, however, the learned Ju..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......ere common causalities in the judgment of the trial court vitiating the order of acquittal. All the 'epithets' found in the first paragraph of the Privy Council judgment quoted above are attributable to the trial court judgment and the order of acquittal was liable to be interfered with…………......r 1984. On appeal by the State, the High Court Division held five of the accused namely, the appellants before us, guilty under ss. 302/34 of the Penal Code and sentenced them to transportation for life; the High Court Division held the remaining accuseds not guilty and upheld their acquittal. The..Category: Criminal Law | Date: | Hits: 52
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....rder of injunction at the instance of the appellant Mir Ali but he violated the said order by sowing ‘kaun’ in the land and after two months appellant went to plough the land to destroy the crop. Right of private defence of property will not be available to the appellant as he had time to have r......f the others is allowed in part. The Penal Code, 1860 (XLV of 1860), sections 302/34, 323 and 324 The facts of this case do not permit an inference that the appellants shared a common intention to commit the murder. There is no evidence that there was any common intention of the appellants to ......et aside the conviction of all the appellants under sections 302/34 of the Penal Code. We, however, convict appellant No. 5 Mir Ali Khandakar under section 302 of the Penal Code and sentence him to life imprisonment. For voluntarily causing hurt we convict appellant Nos. 1 and 6 Chand Mia and Abdu..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......m Lal Dhingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B.C. Panday, Advo......ted temporarily to the East Pakistan Civil Service (executive) Class-II 130. Mr. Ismail Hossain District Kanungo............” So, it clearly shows that the respondent was appointed for the life of the cadre itself not for a fraction of that period of the cadre. The word ‘temporarily’ ..Category: Employment/Service Law | Date: | Hits: 66
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......nstructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-Record - For the Respondent No.8. B. B. Roy......ions Judge, Faridpur convicting the respondents under section 302/34 of the Penal Code and sentencing the respondent No.1, Fagu Matbar to death and the respondents No.2 to 7 to transportation for life. The trial Judge made the reference for confirmation of the sentence of death passed on Fagu ..Category: Criminal Law | Date: | Hits: 39
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......53 (SC) 277. Lawyers Involved: Moudud Ahmed, Advocate, with Mainur Reza Chowdhury, Advocate instructed by S.S. Hoda, Advocate-on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advoca......f every citizen and no action detrimental to the liberty, body reputation or property of a person shall be taken except in accordance with law. Article 32 provides that no person shall be deprived of life or personal liberty save in accordance with law. The principle of natural justice is inherent i..Category: Constitutional Law | Date: | Hits: 408
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