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Babu Khan Vs. State, 2003, 32 CLC (HCD)

.... (Criminal Appellate Jurisdiction) Present: Amirul Kabir Chowdhury J AFM Ali Asgar J Babu Khan...............................................................Convict Appellant Vs. State.......................................................................Opposite Party Judgme......ision (Criminal Appellate Jurisdiction) Present: Amirul Kabir Chowdhury J AFM Ali Asgar J Babu Khan...............................................................Convict Appellant Vs. State.......................................................................Opposite Party ......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...

Category: Criminal Law | Date: | Hits: 123

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

.... capable of having a right and an obligation. It, therefore, follows that only a juristic person can maintain a suit in a Court of law. Bangladesh is a juristic person. It is so, by being a Sovereign State. International Community has admitted her into the community of nations as an international pe......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: AKM Shafiuddin J Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner Vs. Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others………......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542...

Category: Procedural Law | Date: | Hits: 146

Mohammad Selim Vs. State, 2012, 41 CLC (AD)

....a J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Selim………………………..Petitioner Vs. The State................................Respondent Judgment November 12, 2012. Resul......dra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Selim………………………..Petitioner Vs. The State................................Respondent Judgment November 12, 201...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 98

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

....sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. Result: Th......vil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. R...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 90

State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)

.... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J The State..........................................Petitioner Vs. Md. Kamal Uddin alias Pich......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J The State..........................................Petitioner Vs. Md. Kamal Uddin alias Pichchi Kamal.....Respondent Judgment October 14, 2012. ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 119

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

.... and how he is in possession in the suit land. The plaintiff submitted written objection on 13.12.1992. Thereafter, the Government started another case claiming the property under section 92Ka of the State Acquisition and Tenancy Act consequently the plaintiff had to file a suit being No.33 of 1995 ......r Sinha J Md. Abdul Wahhab Miah J Madam Justice Nazmun Ara Sultana J Muhammad Imman Ali J Additional Deputy Commissioner (Rev.) Rangpur and another.......Petitioners Vs. Amir Husain and others........................................Respondents Judgment ......h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 181

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J JBM Hassan J Shahidul Islam…………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Re...... 471. ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..

Category: Procedural Law | Date: | Hits: 114

Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

....preme Court High Court Division (Criminal Revisional Jurisdiction) Present: Salma Masud Chowdhury J Dr. Md. Rahmat Ali………………………Convict-Appellant Plaintiff Vs. State……………………Opposite party Judgment February 14, 2011. Result: The rul......452. ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..

Category: Criminal Law | Date: | Hits: 87

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....pposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claim­ing themselves to be co-sharers to the case holding by inhe......3 DLR (HCD) (2011) 449.......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....ccordance with the above it needs to be said that it has been settled by now in several decisions that the provisions of section 26F of the Bengal Tenancy Act are similar to that of section 96 of the State Acquisition and Tenancy Act. Therefore, agreeing with the view taken in the aforesaid case it ......(2003) 517.......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517...

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

.... the Code of Civil Procedure (for short The Code) against an order passed in a proceeding laid under Order IX, rule 9 of the Code springing out of Pre‑emption case presented under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as The Act) is tenable in law. 2. Ques...... 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...

Category: Procedural Law | Date: | Hits: 104

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....ax Act, 1922 has entrus­ted to the Income-tax Officer the decision of, the facts and the law to decide whether the provisions of section 34 are applicable in a particular case. The exigencies of the State require that there should be a tribunal to expeditiously and at a small expense decide questio......rt Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rah­man J Dr. MB Rahman…………………………………………Petitioner Vs. Deputy Commissioner of Taxes………………….Respondents Judgment July 15, 1986. ......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

.... Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan Das Vs. Surendra Mohan Das, AIR 1951 Calcutta (FB) 69; Velji Raghavji Paten Vs. The State of Maharashtra, AIR 1965 (SC) 1433; N. Mahmud Vs. M. Ahmed 36 DLR (AD) 14; Cox Vs. Hickman (18...... (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Abdul Jalil J Musa Bin Shamsher..................................Petitioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 1......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..

Category: Criminal Law | Date: | Hits: 362

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......ench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Abdul Mannan and others……………………………………………………….….………….Petitioners Vs. Government of the Peo­ple's Republic of Bangladesh & others…………….Opposite-Part......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ourt High Court Division (Civil Appellate Jurisdiction) Present: Mirza Hussain Haider J Md. Abu Zafor Siddique J Joinal Abedin Jamal and others........................Appellants Vs. Noor Afza…………………..............Respondent Judgment April 28, 2010. Resu......an Sarker, 1986 BLD (AD) 182; AIR 1945 (Bom) 497 (In re All India Groundnut Syndicate Ltd.); Gopal Krishna Das Vs. Abdul Kader Mia, 35 DLR 14; Nagendra Nath Sen Roy Vs. Saiyad Ali Jamadar, 8 DLR 100; Abdus Samad Paramanik Vs. Mosammat Bilkis Khatun, BSCD Vol-VI Page 53; The Registrar, Supreme Court ......nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

..................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM Hassan &...... Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....High Court Division (Criminal Miscellaneous Jurisdiction) Present: Habibur Rahman Khan J Md. Abdul Mannan J Serajul Alam Khan……………...Petitioner Vs. State ……………..Opposite Party Judgment July 23, 1992. Result: The Ru......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Habibur Rahman Khan J Md. Abdul Mannan J Serajul Alam Khan……………...Petitioner Vs. State ……………..Opposite Party Judgment July 23, 1992. Result: ......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...

Category: Criminal Law | Date: | Hits: 156

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

....(HCD) (1992) 594. ......ed in: 44 DLR (HCD) (1992) 594. ...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..

Category: Criminal Law | Date: | Hits: 110

State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)

.... This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......R (HCD) (1996) 103. ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..

Category: Criminal Law | Date: | Hits: 125

Liton Vs. State and others, 1995, 24 CLC (HCD)

....R (HCD) (1996) 102. ......: 48 DLR (HCD) (1996) 102. ...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ..

Category: Procedural Law | Date: | Hits: 140