Search Options
Judgment Advanced Search
Displaying 1181-1200 of 1297 results.
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....Republic, as may be appropriates for the enforcement of any of the fundamental rights conferred by part III of the Constitution but this power could be exercised in relation to only those fundamental Rights which are available for enforcement, and that too subject to "ouster" of the jurisdiction of ......¦â€¦.Appellant Vs. Bangladesh and others………………………………………….Respondents Judgment March 27, 1980. Result: The appeal is dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. GovernÂment of Punjab, PLD 19......rom doing so. This is absolutely a matter which falls within the discretion of the President, and there is no bar in the Code of Criminal ProÂcedure for making a second mercy petition for saving the life of the appellant. I do not find any substance in any of the contentions raised by the appel..Category: Constitutional Law | Date: | Hits: 292
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....tory, vis-a-vis members of majority community, in the matter of the transfer of immovable property. It has been held that section 4 and 6 are repugnant to Articles 13 and 15 of the Fundamental Rights guaranteed under the Constitution of Pakistan, 1962. Article 13 provided the property r.....................Appellants Vs. Mohammad Hammad and others……………… Respondents Judgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Inv...... Court on July 3. 1965. Emergency suspending the Fundamental Rights was proclaimed on September 6, 1965. By East Pakistan Disturbed Persons (Rehabilitation) (Second Amendment) Ordinance, 1965 life of the Ordinance I of 1964 was extended upto June 30, 1966. By, the East Pakistan Disturbed Pe..Category: Property Law | Date: | Hits: 75
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......gladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both the appeals). Judgment November 17, 1982. Result: Both the appeals are allowed. Cases Referred to- (1978) 30 DLR(AD)207; (1980) 32 DLR (AD) 216; Kh Ehteshamuddin Vs. Bangladesh (1981) 33 DLR ......ned at any time in the territory of BanglaÂdesh. (3) All proceedings of Special MarÂtial Law Courts shall be submitted to the Government for review, and all sentences of death or transportation for life shall have to be confirmed by the PresiÂdent. (4) All proceeding of Summary Martial Law Courts..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......ors………………………………..Respondents Judgment Feb. 24, 1982. Lawyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate......s they became relevant to decide the public purpose. But to declare the requisition order as illegal and to have been passed without legal authority amounts to a complete denial of the realities of life. The end of law is human happiness in this case, by fulfilling a social or pubic as oppos..Category: Property Law | Date: | Hits: 65
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......as M. V. Al-Sayer and others……….Respondents Judgment June 25, 1981. Result: Civil Appeal No. 15 of 1981 is allowed. Civil Appeal No. 38 of 1981 is dismissed. Cases Referred to- The St. Cloud (1863 LR 2 A & E 269); Napotor (LR 2 A & E 375); North Port Code Vs. Ow......er of the vessel's compleÂment in respect of their employment on the vessel; (ii) port, canal and other water way dues and pilotage dues. (iii) claims against the owner in resÂpect of loss of life or personal injury occurring whether on land or on water, in direct connection with the operati..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......ives:- Musammat Nurjahan Begum, first Wife already on record as Defendant-appellant and others ......... ...... ........Respondent Judgment March 30, 1981. Case Referred to- Kanakarathanammal V.S. Loganatha Mudallar, AIR 1P65 S.C 271; Musammat Bilas Kunwar vs. D......o look after her affairs. The defendant stoutly denied that the kabala was taken in her benami by the plaintiff. In her deposition she stated that she purchased the Park Street property during the lifetime of her father, and her father gave this, amount. D. W Sakina Khatun, sister of the defenda..Category: Property Law | Date: | Hits: 448
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......3) 104. ...... of June 1913, it is said, admitted that Mst. Wahudul Khatoon, though entitled under the Shariat to a share in the inheritance, had lost the same because of the Will' made by Moulvi Abdul Aziz in his life-time. This does not, however, appear to be an unequivocal admission, for, towards the end he al..Category: Civil Law | Date: | Hits: 117
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be canÂcelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......s/o Barkhurdar...........................Petitioner Vs. 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18, 1971. High Court not to make observation prejudicing the trial in disposing of bail application The Judges of High Co......the question of guilt or innocence of the accused persons and that if the respondent No. 1 is committed to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be canÂcelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ..Category: Criminal Law | Date: | Hits: 60
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. The Motor Vehicles Act, 1939, section 6 In case of fatal accident caused by a motor vehicle Insur......o take into consideration all the circumstances which are material for considering the pecuniary loss resulting from the death of the deceased. The prospective earnings of the deceased, the extent of life expectancy not only of the deceased, but also of the beneficiaries and the standard of living o..Category: Others | Date: | Hits: 124
....eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......High Court Division is expunged.
The Constitution of Bangladesh, 1972, Article 41
i) It is in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark on a matter which is totally unconnected with the subject matter before it. (7)
......it recommendation for enactment of Unified Marriage and Divorce Act for all citizens contending the learned Judges of the High Court Division erred in not considering that Islam is a complete code of life of Muslims and that there being clear provision of law relating to marriage and divorce in the ..
Category: Family Law | Date: | Hits: 192
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ...... Procedure, 1898 (V of 1898), Section 374 When everything has been proved beyond all reasonable doubt mere long delay in the disposal of the case cannot by itself be a ground to commute the sentence….(14) Lawyers Involved: ......tition for leave to appeal was filed in 1998 and the condemned prisoners are suffering pangs of death since 23-4-1994 and in such circumstances sentence of death may be commuted to imprisonment for life. it appears that though the appeal was preferred in 1994 and the Reference was made within tim..Category: Criminal Law | Date: | Hits: 47
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......(Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Judge, Jhalakathi in Title Appeal No. 83 of 1985 so far the same relates to the property in item Nos. 1 and 2 of the ‘Ka’ schedule attached to the plaint. The l......g son Balaram died leaving son Narayan Chandra and widow Beloka Sundari. Narayan Chandra died some time after the death of his father leaving his mother Beloka Sundari. Beloka Sundari thus acquired life interest in the property of Narayan Chandra. 5. It has been averred b..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depends upon whether they are so related to one another in p....... 1997 of the Court of Additional Sessions Judge, Jhalokati in Sessions Case No. 14 of 1991 convicting the petitioner under sections 302/34 of the Penal Code and sentencing him to imprisonment for life and to pay a fine of Taka 3000 in default to suffer rigorous imprisonment for 3 months. The le..Category: Criminal Law | Date: | Hits: 76
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......, 2001. The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance ......the learned Sessions Judge, Sherpur in Sessions Case No.11 of 1991 wherein the petitioner was found guilty of the charge under section 302 of the Penal Code and sentenced to suffer imprisonment for life. 2. The short fact leading to this petition is that on 6-10-1989 one Dain..Category: Criminal Law | Date: | Hits: 52
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......Respondents Judgment August 16, 2001. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898) Section 342 Incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 Cr.P......enal Code and sentenced each of them to death by hanging and found the accused respondent Nos. 5-6 guilty under sections 302/34 of the Penal Code and sentenced each of them to suffer imprisonment for life and also to pay fine of Taka 2000.00 each in default to suffer rigorous imprisonment for 6 mont..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ...... The Constitution of Bangladesh, 1972, Article 102 Petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of well-to-do people of the country, not having been personally aggrieved t......ng or substituting other activities such as promotion of social welfare, activities conducive to the protection and improvement of the natural environment (including forests, lakes, rivers and wildlife) compassion for living creatures, literature, science, sports, games or the fine arts. By Pond..Category: Constitutional Law | Date: | Hits: 199
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... ......earned Counsel frankly conceded that the preponderance of view of the authorities is not in favour of granting injunction in such a matter but he vigorously contended that in an age when all walks of life are being regulated by the state, this Court should consider as to how far judicial control is ..Category: Others | Date: | Hits: 94
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......itution of wakf is traced to the Prophet of Islam which has been given doe recognition and proper place by the Muslim jurists from the easiest time of Islam It is interwoven with the entire religious life and social economy of Muslims. Naturally the law of wakf is the most important branch of Muslim..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....cial Martial Law Court can be questioned. Transfer of a case from a Special Tribunal to a Martial Law Court being a matter of procedure operates retrospectively……………….(52) Right of appeal is a vested right Right of appeal by a party to an action is not affected as......ppeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martia......5 provides that all proceedings of Special Martial Law Courts, immediately after termination thereÂof are to be submitted to the GovernÂment for review, all sentences of death or transportation for life shall have to be confirmed by the President. Regulation No. 4 after amendment made by Regulatio..Category: Criminal Law | Date: | Hits: 294
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......nd others……………….Appellants Vs. State………….Respondent Judgment April 13th, 1993 Cases Referred to- Hamida Bano Vs. Ashiq Hussain and ors. 15 DLR (SC) 65; Ali Ahmed Vs. State 14 DLR (SC) ......302/34 of the Penal Code by the High Court Division. The conviction of the four appellants under sections 302/34 of the Penal Code was maintained but their sentence was commuted to imprisonment for life. The High Court Division also rejected the defence plea of alibi. 13. Leave was grante..Category: Criminal Law | Date: | Hits: 60
15511542152315161511150314241415141213611355134813471339133213311271125712541221