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Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. .........Convict-Appellant Vs. State.......................................................Respondent Judgment June 4, 2008. Result: The appeal is allowed. Case Referred to- Md. Amir Hossain Vs. State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahman, Ad......e by any person by or under any law." "25. (1) Whoever is found guilty of the offence of hoarding or dealing in the black-market shall be punishable with death or with imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e………………………………………………………………………………..Respondent Judgment June 4, 2008. Result: The Appeal is allowed. Case Referred to- Md. Amir Hossain Vs. The State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahma......time by any person by or under any law." "25. (1) Whoever is found guilty of the offence of hoarding or dealing in the black-market shall be punishable with death, or with imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall als..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
....a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......– 6, Sher-e-Bangla Nagar, Dhaka and others……………………………………………..Respondents
Judgment
May 18, 2008.
Result:
The Rule is made absolute.
Cases Referred to-
Mohammad Abid Khan and others Vs. Bangladesh and others of writ petition No. 3831 of 2001; Mu......ectronic and print. Besides, the reasons mentioned in the letter of the Election Commission, they are constantly denied the constitutional rights to job, education, accommodation, health and a decent life like other citizens of the country. By keeping the question of citizenship unresolved on wrong ..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......itle Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. khatian No.241 being plot No.390...... the father of the plaintiffs the defendants got some paper signed by him to the effect that he would not proceed with the criminal case as well as civil suit. The defendants by putting threat on the life of the plaintiffs as well as their father Abdul Majid and also by applying force got a white pa..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ...... Kazi Ramimul Islam......................Appellant Vs. State………………………..Respondent Judgment Judgment May 4, 2008. Result: The appeal succeeds. Cases Referred to- Mahiruddin Mondal Vs. State, 57 DLR 779; Toyezuddin Pramanik Vs. State, 1981 BLD 433; Gaziur ......b) with intent that such woman may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will or........... shall be punishable with imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years and shall also be l..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......i Master Vs. State 1985 BLD 318 and Mirazul Islam Vs. State 41 DLR (AD) 157. Lawyers Involved: Sarwar Ahmed with Humayan Kabir, Advocates-For the Appellant. SM Shahjahan Kabir, Assistant Attorney-General- For the State/Respondent. Criminal Appeal No.2565 of 1998. Judgment Siddiqu......b) with intent that such woman may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will or........... shall be punishable with imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years and shall also be l..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
.... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
......s Act, 1878 (Act No. IX of 1878);
section 26
Deputy Commissioner or Officer-in-charge
of a police station is not government for the purpose of cancellation of arms license
Failure to deposit the arms
only, even with the knowledge of any notification for surrender of the arms,
d......bearing No.335608 on the basis of
said license and held the pistol by renewal of the license time to time. It is
further stated that the petitioner needed the pistol for the safety and
security of life and property of his family.
8. It appears the
impugned order dated 27.03.02 issued by res..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......osite Party Judgment March 27, 2008. Result: The Rule is made absolute. The Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a tenancy comes into an existence the tenant cannot convert his tenancy into a permanent one by doing any act adverse ......nder Dr. Abdul Monayem Khandaker, the father of the petitioner-Khandaker Mahmud Hasan on 1st December, 1980 by executing a monthly tenancy deed. The father of the plaintiff-petitioner during his life time gifted the suit holding to him and since then the defendant and other tenants of the suit ..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......used at the time of the occurrence and at the time of the alleged confessional statement should be kept in mind. It is an accepted phenomenon that children are impressionable, gullible and more ready to admit guilt for other ulterior reasons. Upon research it has been found that children will falsel......rt, Joypurhat in Sessions Case No. 26 of 1984 arising out of Joypurhat Police Station Case No. 9 dated 26-2-81, convicting the appellant under sections 302/109 of the Penal Code and sentencing him to life imprisonment. Being aggrieved by and dissatisfied with the said judgment and order the appellan..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. .......4954 of 1991 is disposed. Cases Referred To- State Vs. Presha, State Vs. Khokan Mridha, 7 BLC 561;B.M.B. Lawyers Involved: Not represented-the appellant. Mohammad Ali Akanda, Deputy Attorney General with Mrs. Shahnaz Haque, Assistant Attorney General and A.K.M. Salahuddin Khan, Assis......urt, Joypurhat in Sessions Case No.26 of 1984 arising out of Joypurhat Police Station Case No. 9 dated 26.2.81, convicting the appellant under sections 302/109 of the Penal Code and sentencing him to life imprisonment. Being aggrieved by and dissatisfied with the said judgment and order the appellan..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......tion 17 of the Guardian of Wards Act the central consideration in appointing a guardian of a minor child is the welfare of the child, which will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody over a minor child but that will not totally ......se. She submits that the petitioner was used to be neglected, humiliated and tortured by the opposite party and his family since the beginning of the marriage. The opposite party used to lead immoral life and not caring the responsibility of the wife and child as such she divorced the opposite party..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......Md.)……………..Petitioners Vs. Mohammad Ali…………………….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such ques......devolved upon her full sister, thereafter Sakhina died leaving her daughter, plaintiff No. 2 and thereafter Ziaullah died leaving one son Hyasuddin and one daughter Menerunnessa. Elimuddin during his life time settled 66 decimals of land from plot Nos. 1 and 2 of Ka schedule and Kha schedule propert..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. .......................Appellant Vs. State..........................................Respondent Judgment January 16, 2008. Result: The appeal is allowed. Cases Referred to- Nawsher Mollah Vs. State, 1991 BLD 295; Soleman Vs. State, 1990 BLD 179 = 42 DLR 118; Saidu......jpur in Nari-o-Shishu Nirjatan Case No.356 of 2000 convicting the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 sentencing him thereunder to suffer imprisonment for life and also to pay a fine of Taka 500 in default to suffer rigorous imprisonment for a period of 6..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
....78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......lip;………………………………………………………Petitioner
Vs.
Customs, Excise and VAT Appellate Tribunal, Jotsna Complex……………&hell......ve got only fully automated and continuous process glass container and glass bulb shells manufacturing plant specially built to meet the glass bottles requirement of the pharmaceutical industries for life-saving drugs and medicines and other industries using bottles and jars, such as insecticide, pe..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ...... Vs. The State…………………………………………………………….State Judgment November 5, 2007. Result: The Appeal is allowed. Cases Referred to- Hossain Shially (Fakir) Vs. The State, 8 MLR 355; Fazlul Hoq Sikder Vs. The State, 15 BLD ......shu Nirjatan Daman Case No.49 of 1998 convicted the appellant under section 6(1) and 14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentenced him to suffer imprisonment for life. 2. The facts involved for disposal of the appeal are as follows: Most. Hena, the m..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ...... life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor to examine any number of witnesses on the same point regardless of ti...... Vs. State……………………Respondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involvin..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......eal Nos.313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners. Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker Aminul Haque Assistant Attorney-General Nowazish Ara Begum, Assistant ......could recognize them in the electric light and also on focusing his electric torch. When he switched off his electric torch, accused Moti Gazi carried out saying শালাকে ধর For fear of life he ran home and narrated the entire occurrence (to its inmates). Accused Mizan, Sohel, Tipu and..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......ce in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......h expectation were not furnished. Moreover, it was submitted that no opportunity was ever afforded to the applicants to explain the receipts before such enhancements were made. 26. It is a fact of life that no one particularly in such business of construction could be expected to earn at the same..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......the sole basis of conviction The dying declaration has been written by a responsible Magistrate in presence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the......he materials on record that the finding of conviction recorded against the accused-appellants is sustainable in law, then their neck may be saved by commuting the death sentence to imprisonment for life keeping in view their tender age and prolonged custody in the condemned cell. 12. Initiall..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......n J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1......ia lex is based on the implied agreement of every member of society that his own individual welfare shall, in cases of necessity, yield to that of the community, and that his property, liberty, and life shall, under certain circumstances, be placed in jeopardy or even sacrificed for the public g..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
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