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Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)

....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......decessor of the plaintiff and the defendants was the sole owner in possession of the homestead property described in schedule 1 and also the 3 plots of the cultivable lands described in schedule 2 to the plaintiff for a long time. Syed Md. Idris Ali was a renowned 'Peer' and towards the north of......ohd Wahed was at village Gukarna within Comilla District and he became a resident of the homestead in suit after marrying Manira Banu, daughter of Dagu Miah. But Manira Banu having died during the life time of her father Dagu Miah, Syed Mohd. Wahed and his son Syed Idris Ali did not inherit anyt..

Category: Property Law | Date: | Hits: 59

Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)

....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......sp; Habibur Rahman J: This, appeal is directed against the judgment passed by the Sessions Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo transportation for life on a conviction under section 302, Pakistan Penal Code. 2......ahman J: This, appeal is directed against the judgment passed by the Sessions Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo transportation for life on a conviction under section 302, Pakistan Penal Code. 2. The case for the prosecution..

Category: Criminal Law | Date: | Hits: 124

State Vs. Shiraj Ali, 1972, 1 CLC (AD)

....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......J K Hossain J State...................................Petitioner Vs. Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers Involved: A T......d subsequently. He also injured with dao one Pankhi Bibi and one Ulfat Ullah. He thereafter killed Manfar Ullah with dao-blows. He then chased his father-in-law who jumped into the pond and saved his life. He thereafter gave dao-blows to two cows and then tried to commit suicide by cutting his throa..

Category: Criminal Law | Date: | Hits: 81

Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)

....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ...... of the case. Ed. ......bsp; Ahsanuddin Choudhury J: These 4 appellants have been convicted under sections 302/109 PPC by the Sessions Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accused Am..

Category: Criminal Law | Date: | Hits: 76

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ...... Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in ......rom my house. I did not know Sukkur Ali. The accused Abdur Rashid had a 'Chacha Sasur'. But I can't say if his name was Sukkur Ali. My son has been convicted and sentenced to transportation for life on the charge of murdering Sukkur Ali (the Chacha Sasur of the accused) on the very date of o..

Category: Criminal Law | Date: | Hits: 154

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......bdur Rouf J Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh …………&helli......accused persons were convicted under sections 302/149 of the Penal Code, but while accused-respondent Nos. 1-6 were sentenced to death, the other accused persons were sentenced to imprisonment for life with a fine of Taka 5,000.00 each in default to suffer RI for 6 months more each. 22 accused p..

Category: Criminal Law | Date: | Hits: 80

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ...... Judgment May 8, 1999. The Courts of Admiralty Act, 1861 The Inland Shipping Ordinance, 1976, Section 52 Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any......hipping Ordinance, 1976 provides not only for trial of offences, but section 52 of the Ordinance gives special powers to the Marine Court to pay compensation not exceeding taka one lac for loss of life, injury to person and property and in case of damage to any other vessel and the same being re..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)

....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ...... The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution shall not be enterta......ion of rent by Afaq Ahmed Khan up to January 1973 from one Mr Sarowarul Huq, a copy of the application addressed to the Inspector General of Police by Afaq Ahmed Khan for his security and safety of life (Annexure E), a copy of a letter dated 8-9-80 addressed to the writ petitioner from the Public..

Category: Property Law | Date: | Hits: 48

Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)

....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......p;…. Respondent Judgment November 24, 1994. The Investment Board Act, 1989 (Act No. XVII of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for r...... The writ-petitioner-respondent company upon getting necessary approval from the Board of Investment under the aforesaid Act for setting up an Intravenous Fluid Industry (IV Fluid) for producing a life-saving medicine, with foreign collaboration (Dutch and German) imported entire machineries fro..

Category: Business or Commercial Law | Date: | Hits: 112

Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ...... 1998. The Constitution of Bangladesh, Article 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, ...... its normal expiry and suspended the Constitution and proclaimed himself as the Chief Martial Law Administrator on the allegation that a situation had arisen in the country for which economic life had come to the position of collapse, civil administration was unable to function, wanton cor..

Category: Constitutional Law | Date: | Hits: 191

Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)

....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......May 28, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Supreme Court Rules, Rule 26 Court cannot sit over its own judgment by way of appeal in a circuitous manner to hear the same grounds already considered in the judgment sought to be reviewed&helli......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..

Category: Labour and Industrial Law | Date: | Hits: 127

Billal Vs. State, 2000, 29 CLC (AD)

....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... taking away of the victim by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, subsequent recovery of his deadbody and appellant’s love and threat to PW 2 Mokseda before the occurrence and abscondence of Billal immediately after the occurrence an......on record trial Court convicted the appellant under section 302 of the Penal Code and co-accused Saiful Islam sections 302/34 of the Penal Code and sentenced each of them to suffer imprisonment for life and to pay fine of Taka 10,000.00 in default to further rigorous imprisonment for one year mor..

Category: Criminal Law | Date: | Hits: 58

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ...... Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 72 of 1998. (From the judgment and order dated 24-11-97 passed by the High Co...... and sentence passed under section 396 of the Penal Code by the Additional Sessions Judge Faridpur in Sessions Case No. 35 of 1991 and sentencing each of the petitioners to suffer imprisonment for life. 2. The prosecution case, in short, is that in the midnight of 3-1-89 a dacoity was co..

Category: Criminal Law | Date: | Hits: 64

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......s 423 & 424 There is no illegality in not discarding the evidence of eye witnesses on the ground of close relationship as ocular evidence cannot be disbelieved when the witness appeared to be truthful and were telling the truth……………(8) When th......used-petitioner No. 1 under sections 302/109 of the Penal Code and accused-petitioner Nos. 2-10 under sections 3 of the Penal Code and each of them was sentence to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default, to suffer rigorous imprisonment for one year more..

Category: Criminal Law | Date: | Hits: 61

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... alias Abdul Khaleq Howlader……………………..Respondent Judgment July 14th, 1997 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abd......th intention to kill Asad. Asad fell down on the ground. Then Khaleq Howlader fired 2/3 rounds more. PW 2 Ishaq was injured by the said fire. People fled away from the place being afraid for their life and the accused started dragging the body of Asad towards the School. PW 1 who was a witness o..

Category: Criminal Law | Date: | Hits: 77

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......��………. Petitioner Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: The petition is dismissed. Lawyers Involved: K S Nabi, Attorney-General (Serajul Huq, Senior Advocate with him), instructed by Sharifuddin Chaklader, Advocat...... has been mental and physical and intimidation. She was told guilty of an offence of criminal conspiracy which is that until and unless she agreed .to sign a punishable with death or imprisonment for life Mr. confessional statement in connection with the Huq submitted that having regard to the said ..

Category: Criminal Law | Date: | Hits: 115

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ...... by the Secretary, Ministry of Home Affairs and others……………………Respondents Judgment November 20th, 1995 Cases Referred to- Habiba Mahmud vs. Bangladesh and others, 45 DLR (AD) 89, Shameen vs. Government of Bangl......same. 15. In the grounds of detention the detenu has been described as a professional hijacker. The people of his area has hatred and grievance against him. He has been hindering the normal life and security of the City of Dhaka by hijacking on point of illegal arms in association with an..

Category: Criminal Law | Date: | Hits: 99

Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)

....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......g dead, his heirs Azimuddin Patwary and others …………………..Respondents (In both the appeals) Judgment August 7, 1996. Cases Referred to- Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar......nsion of time was not justified inasmuch as if the demand for reconveyance within the stipulated time was not proved, no amount of darbar could bring back the plaintiffs claim for reconveyance to life. Thus I am of the opinion that the plaintiffs suit was barred inasmuch as if the demand for r..

Category: Property Law | Date: | Hits: 60

Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)

....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......nd ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors………………………….. Respondents Judgment October 31, 1996. Lawyers Involved: Shamsul Huda, Advocate, instructed by Md. Rabiul Al......lated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to ‘the primordial necessity of order in the social life.’ Wide enough in all conscience is the field of discretion that remains.” ..

Category: Property Law | Date: | Hits: 82

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ip;…………………………….Respondents Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. ...... Division Bench of the High Court Division in Criminal Appeal No, 328 of 1986 setting aside the order of conviction under section 302 of the Penal Code and sentence thereunder of transportation for life passed against the two respondents by the learned Sessions Judge, Chandpur on 13-9-1986 in ST ..

Category: Criminal Law | Date: | Hits: 120

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