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Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......angir, Advocate-on Record- For the Petitioners Not represented- Respondent Criminal Petition for Leave to Appeal No. 200 of 2003. (From the judgment and order dated 19.03.2003 8s 23.03.2003 passe......nd accused Enamul Haq guilty under section 302 of the Penal Code and accused Waliullah under section 302/109 of the Penal Code and sentenced each of them to suffer rigorous imprisonment for life and also to pay a fine of Tk.5000/-in default to suffer rigorous imprisonment for 6(six) month..Category: Criminal Law | Date: | Hits: 43
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ossain, Advocate-on-Record- For the Petitioner Not represented- Respondent Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed by the High ......e @ Ridwan, Liaquat All @ Badal, Md. Absar and Jahangir Alam @ Razu under section 13 of the Nari-0-Shishu Nirjatan (Bishesh Bidhan) Am, 1995 and sentenced them thereunder to suffer imprisonment for life each. The accused Jashim Uddin was convicted under sections 13/14 of the Nari-O-Shishu Nirjata..Category: Criminal Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....premacy of the Constitution as the solemn expression of the will of the People. Democracy, Republican Government, Unitary State, Separation of Powers. Independency of the Judiciary, Fundamental Rights are basic structures of the Constitution. There is no dispute about their identity. By amen......rs Vs. Bangladesh represenÂted by the Secretary, Cabinet Division & others .........Respondents Judgment July 19, 2005. Result: The petitions are dismissed. Cases Referred to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan ......t of Writ Petition Nos. 3262 and 6975 of 2004 respectively which were filed stating, inter alia, that Article 10 of the Constitution provides for the participation of women in all spheres of national life and Article 11 provides that the Republic shall be a democracy in which fundamental human right..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......; Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellants. Golam Kibria, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent. Crimin...... The learned Sessions Judge by examining 21 witnesses on behalf of the prosecution convicted the aforesaid ten accused under sections 302/34 of the Penal Code and sentenced them to imprisonment for life and fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 6(six) months mo..Category: Criminal Law | Date: | Hits: 36
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ................................Respondents Judgement July 19, 2005. Lawyers Involved: Md Nawab All, Advocate-on-Record—For the Appellants. Abdur Rouf, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record—For Respondent No. 1(In ......l Sessions Judge by judgment and order dated 16-9-1997 convicted the accused Aynul Sheikh and the two appellants under sections 302/34 of the Penal Code and sentenced them to imprisonment for life and to pay fine of Taka 5,000, in default, to suffer rigorous imprisonment for 3(three) years ..Category: Criminal Law | Date: | Hits: 42
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ation, that is, what was meant when the proclamation stated "in order to enÂsure for the people of Bangladesh equality, human dignity and social justice". These are reflected in Part III Fundamental Rights, Special reference may be made to Article 27 (equality before law), Article 28 (Discriminatio......n Civil Appeal No. 42 of 1988) Jalaluddin....................AppeÂllant (In Civil Appeal No. 43 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary to the Ministry of Law and Justice, Bangladesh SecreÂtariat, P.S. Ramna, Dhaka & other ……â€......efore law), Article 28 (Discrimination on grounds of religion), Article 29 (equality of opportunity in public employment), ArÂticle 31 (Right to protection of law), Article 32(Protection of right to life and personal liberty) and all the other Articles 32 and 43 enumerate the rights which are guara..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......set aside and he is acquitted of the charge. The Code of Criminal Procedure, 1898 (V of 1898), sections 164 & 342 It is in the confessional statement that Dablu stated that he along with Fiktoo and Sukkur went to commit the crime. In the confessional statement of Fiktoo @ Zahurul Hossain h......entenced him to death. No separate sentence was passed under section 326 B.P.C. The learned Sessions Judge also convicted the co-accused Jahurul Islam @ Fiktoo and sentenced him to transportation for life. Accused Sukkur Ali was found not guilty and was acquitted. 6. On appeal before the High Cou..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and othÂers Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......pellants Vs. The State……………………………………Respondent Judgment January 30, 1989 The Penal Code, 1860 (XLV of 1860), sections 302/34 There are several neighbours to the place of occurrence who could have been natural witnesses about the incident, but they were n......of the appellants under sections 302/34 and 364 of the Penal Code. They were conÂvicted by the Additional Sessions Judge, Noakhali, by an order dated 4 May 1983 and sentenced to transÂportation for life. They preferred an appeal but it was dismissed by the High Court Division by an order dated 1 D..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......................Respondents Judgment January 29, 1989. The Penal Code, 1860 (XLV of 1860), sections 302/149 Scrutinising the evidence, offence of causing assault upon the victim resulting to his death has not been proved against Tayeb Ali and Ramjan Ali. Hence they are acquitted of the c......n under section 302/149 of the Penal Code against Abdul Jabbar, Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumstance of the case, the right of private defence of life was not available to the appellants since from complainant party they had no reasonable apprehe..Category: Criminal Law | Date: | Hits: 49
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......lant Vs. The State………………………………………………Respondent Judgment Augusts, 1987.  The Evidence Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after th......ince acquitted) under sections 394/397 and 304 of the Penal Code by the Additional Sessions Judge, Joypurhat, Bogra in Session Case No.26 of 1981 and was convicted and sentenced to transportation for life. On appeal the High Court Division changed the conviction to one under sections 394 and 304 Par..Category: Criminal Law | Date: | Hits: 61
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... 7(2)(g) of the Union Parishad Ordinance, 1983 for being a defaulter of financial institutions including a bank in the absence of such disqualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co.......he State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person with its JurisdicÂt..
Category: Election Law | Date: | Hits: 212
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......nal Code.………….(9) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record, —For the Appellant. Syed J. R. Modassir Hossain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record — For the State. Criminal Appeal......f 1986 Judgement: M.H. Rahman J. — The appellant and six others were convicted by the trial Court under Sections 302/34 of the Penal Code and each of them was sentenced to transportation for life. They were also convicted under section 148 of the Penal Code and each of them was sentenced to..Category: Criminal Law | Date: | Hits: 53
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of a......iff was born in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92..Category: Property Law | Date: | Hits: 112
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....evelopment …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to proÂperty is as important a right as right to life and liberty of a person, and not only l......ment …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to proÂperty is as important a right as right to life and liberty of a person, and not only laws ex......udgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to proÂperty is as important a right as right to life and liberty of a person, and not only laws extend protection to such right, even the Constituti..Category: Property Law | Date: | Hits: 38
BD Inland Water Transport CorÂpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..........Appellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused......inable to enforce any claim or lien against a vessel or her owners in respect of any damage or loss to another Vessel, her charge or freight, or any property on board her, or damage for loss of life or personal injuries suffered by any person on board her, caused by the fault of the former v..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Appellant himself knew at the time of appointment to the cadre of E.P.C.S. class II officers from the parent department that he was being appointed i...... would have been acceptable "if the respondent was appointed for a fixed period with suffix 'temporarily', but as the order of appointment 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 'temp..Category: Employment/Service Law | Date: | Hits: 105
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved&nb......sisted by her parents and as such death sentence is not called for in the facts of the present case. 18. We have given our anxious consideration to this material aspect as because the life of a young man is involved in this case. Had it been an admitted or convincingly established ..Category: Criminal Law | Date: | Hits: 58
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ...... Lawyers Involved: Khan Saifur Rahman, Advocate (MA Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Crimi......nt ought to have been found guilty, if at all, and in that case the sentence passed would have been much less. 3. Prosecution case, briefly, is that the deceased Usha Rani Sil had a married life with the appellant for about eight years. Usha Rani's parents' house is in village Pashurbuni..Category: Criminal Law | Date: | Hits: 51
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The lower appellate Court modified the tr......in favour of Mai Miah alone. Ext. A (2) is a kabala dated 17th Falgoon 1323 BS in favour of Mati Miah alone for 'Kha' schedule land. The lower appellate Court also noticed that Mati Miah during his life time mortgaged property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......ellip;Respondent Judgment February 4, 1991 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Appellant (In Criminal Appeal N...... and sentenced him to death and rest of the three respondents and the two petitioners (CP No. 30/86) were convicted under sections 302/34 of the Penal Code and sentenced to suffer imprisonment for life. 7. The learned Judges of the High Court Division acquitted the four respondents in th..Category: Criminal Law | Date: | Hits: 49
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