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Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....eved, because Allah’s creations and environment are in mortal danger of extinction and degradation: Per Mustafa Kamal J delivering The Full Court Judgment. ... (25) Article 36 The Fundamental Rights of freedom of movement attached to a citizen pervade and extend to every inch of the territor......Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 25, 1996. Result: The appellant is given locus standi to maintain the writ petition. The Constitution of Bangladesh, 1972, Article 8 Absolute trust ......or a local authority in not fulfilling its constitutional or statutory obligations. ……………..(97) Per BB Roy Chowdhury J (agreeing): Articles 31 and 32 of our Constitution protect right to life as a fundamental right. It encompasses within its ambit, the protection and preservation of env..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......e absence of any legal bar either by express provision or under necessary implication under any law or rules, initiation of a second proceeding when the first one ended on a mere technicality owing to efflux of time, without any fault on the part of the punishing authority, is fully maintainable.......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding ...... Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the plaintiff after her death and ..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... for non-communication of the same on the affected person can be decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions of service, the jurisdiction of the High Court Division is excluded. Th......earned Additional Attorney-General. It is significant that the respondent after having lost in the Tribunals in 1989-90 perhaps took his dismissal as a fait accompli and decided on a new course of life, i.e., that of a people’s representative and therefore joined the hustings in 1991. The ..Category: Administrative Law | Date: | Hits: 125
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....hellip;……..Respondents Judgment October 21st, 1997. The Penal Code, 1860 (XLV of 1860) Sections 96—106 Right of Private Defence Under section 100 of the Penal Code the right of private defence of......;………………………………………..Respondents Judgment October 21st, 1997. The Penal Code, 1860 (XLV of 1860) Sections 96—106 Ri......; Mustafa Kamal J.- Accused-petitioner Khandoker Saiful Islam along with two others were convicted under sections 302/34 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Taka 10,000.00 each in default to suffer RI for 2 years more each. Anoth..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......2/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evidence on record that the ...... the Penal Code by the 3rd Court of Additional Sessions Judge, Dhaka by his judgment and order dated 31-7-93 in Sessions case No. 314 of 1992 and were sentenced to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000.00 in default to suffer for 6 months more, no separate ..Category: Criminal Law | Date: | Hits: 104
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ith pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreigner-appellants now find themselves in it will be proper for us to exercise our discretion a little more, as we find that this is a fit case, as it stands now, to ......e jointly tried in Special Tribunal Case No. 64 of 1991 by Special Tribunal No.10, Dhaka under section 25B(1) and 25D of the said Act and sentenced each of them to suffer rigorous imprisonment for life and to pay a fine of Taka 20,000.00 each, in default to suffer RI for 6 months more. The Tribu..Category: Criminal Law | Date: | Hits: 130
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
.... this it is not the rights of the parties but the rights of the child, which are at issue. The General Assembly of the United Nations adopted and proclaimed on 20 November 1959 the Declaration of the Rights of the Child and among the principles proclaimed, it was said: “The child shall enjoy......lil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she doe...... to deteriorate as soon as respondent No.1 received his British residency. She was often subjected to various kinds of abuse, both physical and mental, by respondent No. 1. The petitioner’s marital life was lived in a cycle of abuse, fending of assaults by respondent No. 1. The petitioner continue..Category: Family Law | Date: | Hits: 250
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......Kanti Das ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumption ......rriage becomes complete and irrevocable on the completion of the seventh step. These steps typify deliberation, and the taking of the final step implies that the bride deliberately enters matrimonial life. The husband then addresses the wife thus: “Having completed seven steps, be my companion. Ma..Category: Family Law | Date: | Hits: 212
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......t: The petitions are dismissed. The Evidence Act, 1872 (1 of 1872), Section 5 In both dying declarations names of the assailants are identical and the second dying declaration being nearer to death the learned judges rightly believed the same. Merely because PW 4 and 7 are distantly conne...... the Sessions Judge, Shariatpur in Sessions Case No. 25 of 1990 convicting both the accused petitioners under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000.00 each, in default to suffer rigorous imprisonment for on..Category: Procedural Law | Date: | Hits: 157
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......tatement of a witness before the court for the first time not disclosed before the Investigation officer immediately after the occurrence can be relied on. Since PW 12 gave an explanation that due to fear of his life he did not disclose immediately to the police details of the occurrence and find......itness before the court for the first time not disclosed before the Investigation officer immediately after the occurrence can be relied on. Since PW 12 gave an explanation that due to fear of his life he did not disclose immediately to the police details of the occurrence and finding the same sa..Category: Criminal Law | Date: | Hits: 108
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ingly, it is dismissed. Ed. ......3-1995 passed by the learned Sessions Judge, Pabna in Sessions Case No. 57 of 1992 convicting the petitioner under sections 302/34 of the Penal Code and sentencing him to suffer imprisonment for life. 2. The facts, leading to this petition, are that the informant, Md. Ishaque Ali Khan lo..Category: Criminal Law | Date: | Hits: 94
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ......cellor Chittagong University .................Appellant Vs. Mohammad Nurul Amin Chowdhury. .............Respondents Judgment 3rd March 2004. Lawyers Involved: A.F.M. Hasan Ariff, Attorney General, Advocate-on-Record- For the Appellant Dr. M. Zahir, Senior Advocate, (Subrata......y illegality and/or incontravention of any rules of the University, it is too late in the day to cancel the said result by the impugned order dated 27.10.1998 to the utter ruination of the career and life of the respondent. 10. In view of the above, we do not find any substance in the submiss..Category: Constitutional Law | Date: | Hits: 154
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......p; Syed J R Mudassir Husain J.- This Criminal Petition for leave to appeal is directed against the judgment and order dated 19-04-2001 passed by a Division Bench of ......hy;ing the order convicting the petitioners along with 2 others for the offence punishable under Sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and also to pay a fine of Tk. 2,000/- each in default to suffer R. I. for a period of 2 years m..Category: Criminal Law | Date: | Hits: 99
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..............................Respondent Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 80 of 2001. (From the Judgment and Order dated 4/5-2-2001. Passed by the High Court D......ssions Judge Rajbari on 31-08-94 in Sessions Case No. 7 of 1994 convicting the petitioners under Section 302/34 of the Penal Code sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Tk. 5000/- each and in default to suffer rigorous imprisonment for 6(..Category: Criminal Law | Date: | Hits: 121
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......druddoza, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner (in all the cases) Not represented-Respondent (in all the case) Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High C......with effect from 09.08.1993 on the ground that they were convicted in Sessions Case No. 187 of 1992 by the learned Additional Sessions Judge, 2nd Court, Dhaka and sentences to suffer imprisonment for life and also to pay fine of Tk. 5,000/-, each in default to suffer rigorous imprisonment for 1 year..Category: Employment/Service Law | Date: | Hits: 120
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......ondent (In both the cases) Result: The appeals are allowed in part. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Appellants(In both the cases). Abdur Rouf, Deputy Attorney General, Instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondent (In both ......ditional Sessions Judge by judgment and order dated 16.09.1997 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 Tk. 5,0000/- in default, to suffer rigorous imprisonment for 3(three) years ..Category: Criminal Law | Date: | Hits: 97
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