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State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. ...... by an order dated 8th February 1986 under sections 302/34 of the Penal Code for the murder of one Tara. The former two were sentenced to death and the latter two were sentenced to imprisonment for life. The Reference (No. 1 of 1986) was rejected by the High Court Division at Rangpur Session, bu..Category: Criminal Law | Date: | Hits: 93
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 passed by ......to commit any offence, as mentioned in section 141, then the assembly is not an unlawful assembly. As for instance, if the aim of such an assembly of five or more persons is to defend the right to life or property, then no offence will be committed by it even if force or violence is used, provid..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ...... (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court......e Penal Code and sentenced to death. Co-accused Mainuddin Ahmed and Mosharraf Hossain were also convicted in the same trial under sections 302/34 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Tk. 25,000'00 each, in default to suffer RI for 2 years more. A Division ..Category: Criminal Law | Date: | Hits: 61
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......egime, was arrested on 26.12.90 under section 3(1) (b) of the Special Powers Act. In Writ Petition No. 164 of 1991 the High Court Division by judgment and order dated 21.3.91 declared his detention to be illegal. He was not, however, released as the Bureau of Anti‑Corruption in the meantime......sed of any non‑bailable offence shall not be released on bail if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life. The High Court Division upon a mere perusal of the allegation made in the FIR found that the ..Category: Constitutional Law | Date: | Hits: 150
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......ivision (Criminal) Present: 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 ......................Petitioner. ...... the Session Judge's order in Sessions Case No. 36 of 1984, Patuakhali, convicting five accused persons (respondents Nos. 1‑5 in this leave petition) and sentencing them to transportation for life under section 366A/109 of the Penal Code read with section 4(a) for the Cruelty to Women (Dete..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ...... ATM Afzal J Mustafa Kamal Latifur Rahman J Siddique Munshi ...................Appellant Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. St...... the instant case, which was tried by the Sessions Judge, himself, only the accused‑appellant Siddique Munshi was hold guilty of the murder and was convicted and sentenced to imprisonment for life vide order dated 27 August, 1986. His appeal was dismissed by the High Court Division by an o..Category: Criminal Law | Date: | Hits: 69
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......tled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tri...... that every justice of the High Court and every justice of any other Court created by the Parliament of Commonwealth shall, subject to the power of removal contained in that section, be appointed for life. Under section 12(1) of the Commonwealth Court of Conciliation and Arbitration Act 1904‑1915 ..Category: Administrative Law | Date: | Hits: 203
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......tion and sentence passed by the Sessions Judge, Barguna in Sessions Case No. 52 of 1958 convicting the three appellants under sections 302/34 of the Penal Code and sentencing appellant Nos. 1 and 2 to death and appellant No. 3 to imprisonment for life. 2. The present case arises out of a ......rguna in Sessions Case No. 52 of 1958 convicting the three appellants under sections 302/34 of the Penal Code and sentencing appellant Nos. 1 and 2 to death and appellant No. 3 to imprisonment for life. 2. The present case arises out of a Suo motu First Information report filed by Tapan ..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......; August 18, 1991. Cases Referred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) ......ereinafter referred to as the reviewing authority, as if the said Martial Law Regulations and Martial Law Orders had not been repealed; (j) every sentence of death or transportation for life passed in any case at any time before the commencing day by a Special Martial Law Court or a ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ...... 28, 1991 Lawyers Involved: Khondker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali Advocate‑ on ‑ Record-For the Appellants. B Hossain, Deputy Attorney General, instructed by Md Wahidullah, Advocate‑on‑Record -For the Respondent. ......er sections 302/34 and 120B of the Penal Code passed by the Additional Sessions Judge, Court No. II, Jessore in Sessions Case No. 887 of 1982, by altering the sentence of death to imprisonment for life, under sections 302/3 34 of the Penal Code. 2. PW 1 Kulsum Bibi, second wife of decease..Category: Criminal Law | Date: | Hits: 68
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....Ordinance,1963 (XX of 1963),Sections 2 & 18 Heritability of a monthly tenancy. The definition of tenant also includes a person continuing in possession after the termination of the tenancy. Right in such tenancy is ordinarily heritable, though this right is limited “to enjoy” and occup......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pradhip Das alias Shambhu and others ………..Judgment‑debtor‑Appellants Vs. Kazal Das Sarma and others ……………………Decree‑holder‑Re......he appellants a fresh suit was to be filed. But in revision, CR No.131 of 1985, the learned Single Judge of the High Court Division, held that the decree passed against the original tenant during his life time was perfectly valid and did not become infructuous and further that his heirs, though they..Category: Tenancy Law | Date: | Hits: 97
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......ya Matshajibi Samabaya Samity Ltd……...Appellant. Vs. The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N......f his service condition. Mr. Khan submitted that the observation of the learned Judges of the High Court Division that "the Co-operative Societies involving people of all walks of life does not concern itself only with the relationship between the workers and their employe..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......a. J. FM Rashiduzzaman……….Appellant Vs. Bahauddin Ahmed and another…….Respondents Judgment May 3, 1976. Cases referred to: H. H. B. Gill Vs. The King, A.I.R. 1948 (P. C.) 128; Matajagdobey Vs. H. C. Bhari......ted that it could never be said that the police and for the matter of that, respondent Bahauddin Ahmed committed excess in the discharge of his official duty simply because one Asaduzzaman lost his life due to firing by the police. 8. Section 197, Cr.P..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......sp; Nov. 20, 1975 Cases Referred to: Kishan Singh Vs. The Emperor (55 I.A. 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), S......greed with the minority opinion convicted the appellant under section 148 as well as under section 302, and sentenced him respectively to rigorous imprisonment for two years and transportation for life with direction that the sentences would run concurrently. He convicted the other two accused u..Category: Criminal Law | Date: | Hits: 57
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul Islam Chowdhury and others Vs. The Patya Tea Company Limited (1968) 20 DLR (Dac.......eeding during the continuance of a state of war. Moreover, since during such a state of war, it is not generally possible for enemy aliens to act or move for the purpose of their normal avocations of life, provisions were made in the Emergency Laws such as Defence of Pakistan Ordinance and the Rules..Category: Property Law | Date: | Hits: 93
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ...... Income Tax, Dacca Zone........Appellant Vs. M/s. Gulistan Cinema Co...................Respondents Judgment 17th & 18th November, 1975. Cases Referred to: The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib ......of law as to the interpretation of the Constitution. Sub-clause (b) says that an appeal shall lie to the Supreme Court, if the High Court has sentenced a person to death or transportation for life; Sub-clause (c) provides that an appeal shall lie to the Supreme Court where the High Court ha..Category: Fiscal/Taxation Law | Date: | Hits: 126
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ...... State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. Judgment March 9, 1977 Cases Referred to- Joygun Bibi State (1960) 12 DLR (SC) 157, Moqbul Hossain Vs. State 12 DLR (SC) 217. ......ondents were also convicted along with 9 others under section 303/34 and while 8 of them including the respondents were sentenced to death, the five others were sentenced to transportation for life each. There was a further conviction under section 364 of 5 of the accused persons other than..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......e with Md. Abdur Rahim, Advocate, Supreme Court, instructed by Abu Bakkar, Advocate on-Record.—For Petitioner. Not Represented—Respondent. Petition for special leave to Appeal No. 22 of 1976. (From the judgment and order dated 4.9.1975 passed by the High Co....... 3. The trial ended in their conviction under the first and second charges and they were sentenced each to one year rigorous imprisonment under the first charge and transportation for life under the second charge. They were, however, acquitted of the charge under section 302/34. On ..Category: Criminal Law | Date: | Hits: 62
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ......lt: The appeal is dismissed. Lawyers Involved: Md. Fazlul Karim, Advocate, Supreme Court instructed by B. C. Panday, Advocate-on-Record- For the Appellant. Sultan Hossain Khan, Deputy Attorney General with B.B. Roy Chowdhury, Assistant Attorney General instructed by Mr. Abdur Rab-1......h is commonly known as President's Order No. 8 of 1972. The appellant was convicted under section 302/34 read with Part I of the Schedule to President's Order No.8 and sentenced to transportation for life and to pay a fine of Tk. 5,000/-and 5 other accused were convicted under Clause (b) of Part TV ..Category: Criminal Law | Date: | Hits: 63
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......ellip;………………Respondents Judgment April 26, 1976 Cases Referred to— Lalit Mohan Vs. Shayama Pada Das, AIR 195' Cal. 771: Gurupadappa Basappa Vs. Kris......ight in Dayabhaga, Ch. IX 1, 56-59 after quoting the aphorism of Katyana, which has been cited above by us, in following manner: ''She shall enjoy her husband's estate during her life; and not, as with her separate property, make a gift, mortgage or sale of it at her plea..Category: Property Law | Date: | Hits: 59
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