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Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......dgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy Attorney-General, (Sharifuddin Chaklader, Assistant Attorney-General, with him) instructed by Zinnur ......itution (Second Amendment) Act, 1973 (Act No. XXIV of 1973) was passed on September 22, 1973 amending Article 33 of the Constitution. It provided for clear derogation from the fundamental right to life and personal liberty and attendant safeguards provided in the Constitution for the enjoyment o..Category: Criminal Law | Date: | Hits: 88
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......aziruddin ....................Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All......time within one year from date on payment of Taka six lacs in default of which the appellant will have only the right to live in that floor of the suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is..Category: Property Law | Date: | Hits: 80
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ...... .............................Appellant. Vs. Shakhipur Islamia High School....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR ......rposes of buying or selling agricultural or horticultural produce, livestock, poultry, hides, skins, fish, eggs, milk, milk-products or any other articles of food or drink or other necessaries of life, and includes all shops of such articles or manufactured article within such place." ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......TM Afzal J Mustafa Kamal J Latifur Rahman J State ………………Appellant Vs. MM Rafiqul Hyder................... Accused-Respondent Judgment May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (......ibunal upon a consideration of the evidence, by its judgment and order dated 23.6.87, found the respondent guilty under section 25B (1) of the Special Powers Act and sentenced him to imprisonment for life and a fine of Tk. 10,000.00 in default RI for further one year. The seized gold and the foreign..Category: Criminal Law | Date: | Hits: 132
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......ich set aside an order dated 28-2-68 passed by Mr. M S Ali, Magistrate. 1st Class, Dacca, in Case No. 9064 of 1967 under section 488 of the Code of Criminal Procedure. 2. Short facts leading to this appeal may be put as follows Appellant Begum Hamida was married to the respondent Abdul Ha......iminal Procedure. 2. Short facts leading to this appeal may be put as follows Appellant Begum Hamida was married to the respondent Abdul Hamid in 1952. They led a peaceful and happy conjugal life upto 1958 and during that period they had 4 children. In 1958 the respondent took a second wi..Category: Family Law | Date: | Hits: 146
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......sent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant...... plea and held these three accused respondents guilty of murder and convicted them under sections 302/34, Penal Code; he sentenced Ashraf Ali and Paltu to death and Liaquat to imprisonment for life. All other accused were acquitted. The learned Additional Sessions Judge then made Reference u..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ...... February 10th, 1994. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Appellants. M Samsul Alam, Deputy Attorney-General, AW Mallick Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1......f appellant No. 1 Abdus Sattar is dismissed and his conviction and sentence under sections 302/149 of the Penal Code is altered to section 302 of the Penal Code and his sentence of imprisonment for life is maintained. Rest of the appellants are found guilty under section 147 of the Penal Code for..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....sed decrees denationalising considerable number of subjects on the ground of uninterrupted residence abroad, disaffection, political or other reasons. Article 15 of the Universal Declaration of Human Rights, 1948, specifies that everyone has the right to a nationality, and that no one shall be arbit......ngladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General......gladesh that a political mispropaganda was running high in Bangladesh against him because of his party's opposition to the Awami League, the party in power in Bangladesh, and if he went back home his life would be in danger. In the first week of April, 1973 he went to London. From a copy of the Bang..Category: Immigration and Citizenship Law | Date: | Hits: 522
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......TM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Seligal Vs. State, 1983 Criminal Law Journal, 883; Mihir Lal Saha Poddar Vs. Zhunu......ha Poddar Vs. Zhunu Rani Saha, 37 DLR 227 and Rezaul Karim Vs. Mosammat Taslima Begum, 40 DLR 360 on the meaning of the term "dowry”. 5. Dowry is a social curse which vitiates marital and social life in the entire sub‑continent and the evil cuts across all religious communities. "Dowry" in th..Category: Criminal Law | Date: | Hits: 69
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......rt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Director....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....R......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..Category: Procedural Law | Date: | Hits: 91
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......n Nessa..............Respondent Naushad Ali .... Appellant Vs. Begum Fazilatun Nessa.................Respondent Judgment November 5th, 1980. Case Referred to- Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam......tenants by filing separate written statement denying the plaint case of default in payment of rent. The tenant's case is, that due to war of liberation he had to quit the suit premises for fear of life and that they returned after the liberation. His further case is, that the premises concerned ..Category: Property Law | Date: | Hits: 79
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... Judgment November 3, 1993. Lawyers Involved: Abu Nasar Md. Gaziul Haque, Senior Advocate instructed by Md. Ozair Farooq, Advocate-on-Record-For the Appellant. M Shamsul Alam, Deputy Attorney- General, instructed by AW Mallik, Advocate-on-Record-For the Respondent No. 1. Abdul Ma......NM Gaziul Huq, learned Advocate for the appellant, after making some preliminary submissions ultimately submitted on instruction from the (appellant) father that in view of the new development in the life of his daughter, he (the appellant) would no longer insist on having her custody but would neve..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ...... Public interest- Private interest The public interest which should be championed by agencies like respondent no. 1 i.e. Dhaka Municipal Corporation ignored this demand and allowed itself to be perverted at the instance of vested interests, i.e. respondent no. 1, respondent no. 5 and t......serving the environment, emerged as an instrument of exploitation on the behalf of private interests in the garb of "greater public interest and for acceleration of revenue". The right to life inherent in Article 32 of the Constitution clearly stands against such respective actions. ..Category: Environmental Law | Date: | Hits: 293
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ...... others.......................Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share hol......the Company and was registered under the Companies Act, 1913. It was stipulated in the memo of Articles that the respondent No. 2 would remain the Managing Director and hold the office as such for life. The grievance of the respondent is that the company never declared any dividend and no formal..Category: Business or Commercial Law | Date: | Hits: 86
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..........Respondent Judgment December 12, 2005. Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 3 The relationship of an witness is by itself no ground to discard his evidence unless such evidence is tainted with marks of falsehood. The occurrence taki......the High Court Division in Death Reference No. 46 of 2000 rejecting the said reference and dismissing Criminal Appeal No. 2901 of 2000 with modification of the sentence of death to imprisonment for life. 2. The facts, in short, are that, Susanta Gope, son of Jayanta Gope, was sleeping in his h..Category: Criminal Law | Date: | Hits: 47
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention......riage condemned prisoner used to torture the victim in connection of the demand of dowry. PW 7, class-mate of the victim, has stated that the victim used to tell her almost all the incidents of her life and that the victim told her that, victim's husband and the members of his family used to tor..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ...... Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban Development and another..........................................Respondent Judgment October 21, 2003. Result: The appeal is allowed. The Bangladesh Abandoned Property (Control M......, 1st Class, Dhaka declaring that she was a permanent resident of Bangladesh and also declared her intention to live in Bangladesh along with her entire family members for the remaining period of her life. On being refused by the successors of the deceased Abdul Hafiz on 20-11-78 to execute and regi..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Procedure, 1898 (V of 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitioners has not been committ......eal No. 1336 of 1999 and Criminal Appeal No. 1424 of 2000 and Jail Appeal No. 2329 of 1999 rejecting the Death Reference and dismissing the appeals modifying the sentence of death to imprisonment for life. 2. Facts revealed in the leave petition, in short, are that on 21-9-1990 Abdul Aziz, broth..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..............Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Cinematograph Act, 1918 (Act II of 1918), section 5 There are places of worship, residential hous......ther stated in the plaint that if the cinema hall be allowed to run in the midst of residential area, the social environment of the local people will be disturbed and peaceful atmosphere of public life will also be disturbed. Hence the suit. 3. The defendants contested the suit fil..Category: Property Law | Date: | Hits: 69
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....arned Counsels for the appellants have fallen back upon Article 7(2) and have urged for acceptance of an interpretation which will bring Fundamental Principles of State Policy at par with Fundamental Rights in so far as violability is concerned. The submission is unacceptable, because, first, the ma......lopment & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 6......d workers‑and backward sections of the people from all forms of exploitation. Article 15(a) says that it shall be a fundamental responsibility of the State to make provision of basic necessities of life including food, clothing, shelter, education and medical care for the people. Article 17 says t..Category: Constitutional Law | Date: | Hits: 655
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