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Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37........Respondent Judgment April 24, 1988 Cases Referred to- 1987 BLD (AD) 265, 1985 B.C.R. (AD) 315, AIR 1936 (Rangoon) 526 & AIR 1934 (Lah.) 345, 1987 BLD (AD) 165, 1985 B.C.R. (AD) 315. Lawyers Involved: Md. Abdur Rahim with Hasan Foez Siddique Advocates— For the Appellants. A...

Category: Criminal Law | Date: | Hits: 52

Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)

....et aside. We di­rect that the detenu Gafur Mohammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......et aside. We di­rect that the detenu Gafur Mohammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35....... Amin Chowdhury J Monowara Begum................................Petitioner Vs. Secretary, Ministry of Home Affairs.............................Opposite Party Judgment August 2, 1988 Lawyers Involved: MM Hyder Ali, Advocate— For the Petitioner. A.K.M. Shamsul Karim, Advocat..

Category: Criminal Law | Date: | Hits: 29

Amir Hossain Vs. State, 1988, 17 CLC (HCD)

....se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ...... Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J Amir Hossain…………….. Appellant Vs. State.................................... Respondent Judgment December 11, 1988. Lawyers Involved: P.C. Guha with A.K.M. Zahirul Huq, Advo­cates— For appellants. Obaidur Ra..

Category: Criminal Law | Date: | Hits: 51

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

.... even though all the controversy is relatable to the property in dispute. 8. That is more or less the law regarding addi­tion of parties in a suit and there is no dispute or controversy with that principle spelt out by the com­petent courts all over this sub-continent including the High Court o......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......titioner Vs. Mrs. Shamsun Nessa Begum & ors.................Opposite Party Judgment November 28, 1988 Case Referred to- Amal Kumar Moitra Vs. Mashiur Rahman, 30 DLR (SC) 244. Lawyers Involved: Abdul Aziz Chowdhury, Advocate— For Peti­tioner. M. G. Bhuiyan, Advocateâ..

Category: Property Law | Date: | Hits: 39

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

....settled that in a case of extra-judicial confession ma­terial corroboration by evidence of unimpeachable character is required to connect the accused with the crime. 22. In the light of the above principles, let us now examine the alleged extra-judicial confession of the condemned-prisoner Badsh...... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......8, 1988. Cases Referred to- 6 DLR 246, 1985 BLD (AD) 301, 1985 BLD (HCD) 129, AIR 1952 (SC) 343, AIR 1976 (SC) 917, 1979 (SC) 190, AIR 1984 (SC) 1622, AIR 1976 (SC) 557, AIR 1953 (SC) 468. Lawyers Involved: Sultan Ahmed, Deputy Attorney-General with Sajjad Ali Chowdhury, Advocate — ..

Category: Criminal Law | Date: | Hits: 42

Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)

....lthough it has been held in that case that the appellate Court can alter an order of conviction made by the trying Judge under a particular section to one without fram­ing charge there under yet the principle of law laid down in Jahangir Hossain is equally applicable to the case of the Court of fir......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......i Gopal Biswas Vs. Municipality of Howrah, 1958 (SC) 141, Begu Vs. Emperor, 1925 (PC) 130, J.D. Sharma Vs. The State of Uttar Pradesh, AIR 1960 (SC) 400, Rampat Roy Vs. The State, AIR1960 All 380. Lawyers Involved: Not represented — the Petitioner. Mostafa Kamal Pasha, Advocate — For th..

Category: Criminal Law | Date: | Hits: 26

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ...... Vs. Kabir Ahmed........................Opposite Party Judgment February 4, 1988. Case Referred to- Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD) 14. Lawyers Involved: Mokbul Ahmed, Advocate — For the petitioner. Abdul Momen Chowdhury, Advoc..

Category: Criminal Law | Date: | Hits: 37

State Vs. Khalilur Raman, 1998, 17 CLC (HCD)

...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ...... High Court Division (Criminal) Present: Nurul Huq Bhuiya J Md. Badruzzaman J State...........Appellant Vs. Khalilur Raman...........Respondent Judgment August 25, 1988 Lawyers Involved: M. Shamsul Alam Deputy Attorney General with A.K.M. Zahirul Huq and Md. Abdur R..

Category: Criminal Law | Date: | Hits: 35

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......te 3. Kaswa Shipping Lines Ltd. 4. Shamsul Alam, 5. Anowarul Aziz, 6. Mrs. Mahuba Hossain, 7. Bangladesh Ship Building Industries Ltd…………….Opposite- Parties. Judgment July 3, 1985. Lawyers Involved: Khan Saifur Rahman, Advocate with M. Khalilur Rahman, Advocate - For Petitioner..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......d. Habibur Rahman J Qazi Shafiuddin J Bangladesh Shipping Corporation ......................Appellant Vs. Rafique Ahmed .....................Respondent Judgment April 28, 1987. Lawyers Involved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mo..

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....tion in question is a real one. The finding is essentially a finding of fact which the learned Subordinate Judge has arrived at on consideration of the evidence on record after fully appreciating the principles of law applicable to the facts of the case and after adverting to the reasonings of the t......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26....... Ali Ahmed………………………….Respondent. Judgment August 13, 1986. Case Referred to- Sree-Durga Charan Chunder Vs. Kharda Co. Ltd. 20 Cat. WN 254 - (AI.R. 1916 Cal: 367). Lawyers Involved: Ahsanul Kabir, Advocate - For the appellant Nos. 1-3. M. Fazlul Karim, Advoc..

Category: Property Law | Date: | Hits: 29

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....r delivered to the plaintiff." 10. The learned Advocate for the appellant next submitted that the appellant was not given a show cause notice and as such order of cancellation was violative of the principle of natural justice and placed reliance upon the decision reported in 19 DLR 719. That case......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......lek Khan...................................................Appellant Vs. Government of Bangladesh .................................................Respondent Judgement April 10, 1986. Lawyers Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney..

Category: Property Law | Date: | Hits: 36

Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)

....grounds as stated did not give any scope to the detenu to make any effective representation. Detention on such grounds is illegal and it has been so held in several decisions making it an established principle of law that the detention on grounds vague and indefinite without giving sufficient materi...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......la, Superintendent of Police, District Special Branch, Comilla. 4. Inspector-General of Prisons, Government of Bangladesh. Dhaka...............Opposite-Parties. Judgment October 25, 1987. Lawyers Involved: Mahfuzur Rahman - For the petitioners. A. K. M. Shamsul Karim, Assistant Att..

Category: Criminal Law | Date: | Hits: 40

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

....rned Subordinate Judge by the earlier order dated 19.2.84 having rejected the application for acceptance of the written statement; his subsequent impugned order allowing the same prayer is hit by the principle of res judicata. For all his submissions, Mr. Syed Ishtiaq Ahmed relies solely upon the ca......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......atories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. Lawyers Involved: Syed Ishtiaq Ahmed with Ozair Farooq, Advocates - For the Petitioner. Dr. Ka..

Category: Civil Law | Date: | Hits: 83

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....e accounts will be operated by either of survivors, the survivor is the only person who is entitled to the balance thereof after the death of one of the account holders. This practice is based on the principle that the terms of operation of the account forms part of the contract of the deposit. Here......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ...... S K Panikar Vs. Travancore National and Quilon Bank Ltd 1942 (Madras) 351; Dalavai Nagarajamma Vs. State Bank of India, AIR 1962 (Andhra) 260; Guran Ditta and another Vs. T Ram Ditta, 32 CWN 817. Lawyers Involved: Rokanuddin Mahmud with SH Md. Nurul Huda Jaigirdar, Advocates—For Respondent..

Category: Banking Law | Date: | Hits: 122

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......reign Exchange Branch, Dhaka and on 16-3-89 BCCI affirmed the receipt of the aforesaid US dollars. The plaintiff then sought permission from Bangladesh Bank for depositing the aforesaid amount in the International Money Market for Profit and got the permission on 30-5-89 and on receipt of this the p......hury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. Lawyers Involved: Syed Ishtiaq Ahmed with Sayyid Shahid Hossain, Advocates—For the Appellant. ..

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ...... October 28, 1999. Cases Referred To- Cyril Sikdar Vs. Nazmul Huda, 46 DLR 555; AIR 1965 (SC) 745, Tei Kiran and others Vs. M Sanjiva Reddy and others, AIR 1970 (SC) 1573; 47 DLR (AD) 111. Lawyers Involved: Moudud Ahmed with Khondker Mahbubuddin Ahmed, AM Mahbubuddin and Iyreen Mahbub..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....Police. Democratic Government of the People and for the People is a form of administration by the people either directly or through elected representatives based on the acceptance and practice of the principles of equality of rights, opportunity and treatment. It is high time that the concerned auth......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......) 494; Rendal Sah Vs. State of Bihar, (1983) 3 SCR 508 (AIR 1983 (SC) 1086); Sebastian M Hongony Vs. Union of India, AIR 1984 (SC) 1026; Md Shahnewaz Vs. Govt of Bangladesh, 18 BLD 337=50 DLR 633. Lawyers Involved: MK Rahman with Idrisur Rahman, Advocates-For the Petitioner Obaidur Rahman M..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......isoner’s fundamental rights to personal liberty and to a speedy trial as guaranteed by Articles 31, 32 and 35(3) of the Constitution and it is also violative of the Government’s obligations under International Human Rights treaties in particular Article 14 of the International Covenant on Civil ......ladesh Legal Aid and Services Trust…………………Petitioner Vs. Bangladesh and others……………………………………………….Respondents Judgment August 3, 2004. Lawyers Involved: Md. Nizamul Haque, Advocate- For the Petitioner. Adilur Rahman Khan, Deputy..

Category: Criminal Law | Date: | Hits: 45

Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)

....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......, 1998. Cases Referred To- Pateshwari Din Vs. Mahant Sarju Das AIR 1938 Oudh 18; Kalipada Saha Vs. Nitya Nanda Saha, 5 DLR 285; Raja Run Bahadoor Singh Vs. Lachoo Koer 12 IA 23 (8 & 14). Lawyers Involved: Khandker Mahbubuddin Ahmed, with Md. Abdur Razzak, SM Emdadul Haque, Md. Mizanu..

Category: Election Law | Date: | Hits: 159