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Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......hs and a fine of TK. 5,000/- in default to R. I. for one month more and accused Yunus Ali to R. I. for six months and a fine of TK. 20,000/- in default to R.I. for three months more by judgment and order dated 7.10.93. 3. Their appeals, Criminal Appeal No. 1929 of 1993 by accused Sekander......ne by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......Act II of 1947 and accused Sekander Ali Howlader and Abdul Barek Akon were sentenced to rigorous imprisonment for four months and a fine of TK. 5,000/- each in default to rigorous imprisonment for one month more, accused Mosharref Hossain was sentenced to R.I. for two, months and a fine of TK. 5..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......p; Amirul Kabir Chowdhury J.- Convict appellant Rokanuddin Sheikh preferred this appeal against the judgment and order dated 24.04.2000 passed by a Single Bench of the High Court Division in Criminal Revision No....... imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......7/468/109 of the Penal Code but modifying the sentence to suffer rigorous imprisonment for two years and to pay fine of Tk.5,000/-, in default, to suffer rigorous imprisonment for further period of one year. 2. The appellant along with seven other accused were prosecuted under Sections 467..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......n Criminal Miscellaneous Case Nos. 2788 of 2000) Judgement: Md. Tafazzul Islam J. - By this Criminal Petition for leave to appeal the petitioner seeks leave to appeal against the judgment and order dated 9.2.2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous......n. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ....... ..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......p; Amirul Kabir Chowdhury J. - Convict petitioner Md. Zakir Hossain seeks leave to appeal against the judgment and order dated 04.05.2003 passed by a Division Bench of the High Court Division in Criminal Miscellane......e and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......llate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......bsp; Mohammad Fazlul Karim J. - This Criminal Petition for Leave to Appeal arises out of judgment and order dated 22.10.2003 passed by the High Court Division in Criminal Revision No. 1185 of 2003 affi...... Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ...... Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Foyej Ahmed ..................Petitioner Vs The State ......................Respondent Judgment February 15..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......nt: Mohammad Fazlul Karim J.-The accused petitioner seeks leave to appeal against the judgment and order dated 12.4.2004 passed by the High Court Division in Criminal Appeal No. 1605 of 1997 alterin...... section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......ate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Ali Akbar® Abkar Dewan .........Petitioner vs The State .............................Respondent Judgment July..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......ate With him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No.1. Not represented-Respondent Nos. 2-3 Civil Appeal No. 325 of 2002 (From the judgment and order dated 29.05.2000 passed by the High Court Division in Writ Petition No.133of 1999). Ju......on requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......he judgment and order dated 29.05.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 133 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner joined the service of Bangladesh Shipping Corporation (shortly BSC) as Probation Officer in 1..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... Md. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench of the High Court Division in Civil Revision Nos. 6......ision which does not call for any interference. The petitions are dismissed. Ed. ...... Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md.Tafazzul IslamJ Md. Akbor Hossain and others…………………….Petitioners (In both the cases) Vs Md. Safiruddin and others………&hellip..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....e vagrant home by bus and were handed over to the authority of the vagrant home and those who were not declared to be vagrants were released. It was further asserted that some of the press reports published in various news papers did not reflect the correct position and as such the said press cl......tructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 2 & 4. Dispensed with-Respondent Nos. 1 & 3. Civil Appeal No.314 of 2001 (From the Judgment and order dated 14.03.2000 passed by the High Court Division in Writ Petition No. 2871 of 1999) ...... to be dismissed and hence it is dismissed without any order as to costs. Ed. ......d into the rooms of the residents of Nimtali and Tanbazar, Narayanganj who were working as sex workers and informed the residents that the local Member of the Parliament and the Deputy Commissioner along with Superintendent of Police and other Officers were waiting at the Narayanganj Sadar ..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......andlord run in a shop room adjacent to the shop room let out to a tenant involves element of must have and constitutes bonafide requirement. Thus, we do not find any reason to uphold the judgment and order of the learned Single Judge and accordingly we set aside the same and restore those of the lea......of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......1” (Act No. 3 of 1991) (the Ain) came up for consideration. Section 10 of the ain reads as: “10. Premium ettadir dabi nishidha vara deya ba vara nabayon kara ba varar meyad bridhi korar karone kono bekti, (ka) varar otirikto kono primium,salami,jamanat ba onurup kono ortho dabi ba gra..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondents Civil Appeal No. 47 of 2002 (From the judgment and order dated 01.03.1999 passed by the High Court Division in Civil Revision No. 3039 of 1993) ......urt Division is set aside. The parties do bear their respective costs. Ed. ......harging the rule. 2. Title Suit No.213, of 1979 has been filed challenging legality of the ex-parte decree of 11th February 1979 obtained in Title Suit No. 225 of 1977 by the defendant petitioner declaring his title and the Title Suit No. 64 of 1992 has been filed by plaintiff respondent N..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... Judgment: Md. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated November 19, 2001 of a Single Bench of the High Court Division in Civil Revision No. 4......ot maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......bdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and others (Civil Petition for Leave to Appeal No. 298 of 1994, dismissed on April 6, 1995) it has been held "The petitioner was in the service of Sonali Bank and his cause of action is against his employer and not agai..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... Advocate-on–Record-For the Respondents. Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No.2999 of 1999) J......is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... and also challenging legality of inclusion of property in the 2nd schedule of the plaint as Waqf Property and that defendant Nos. 1 and 2 (respondent Nos. 3 and 4 herein) have no right to receive money of Mazar Sharif. 5. The suit of the respondent Nos.3 and 4 was dismissed and the suit ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... Mohammad Fazlul Karim, J- The informant seeks leave to appeal against the judgment and order dated 24.7.2004 passed by the High Court Division discharging the rule in Criminal Miscellane......3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......ision (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Runu Akhter.................... ...........Petitioner vs Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston.............Respondent ..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......nbsp; Amirul Kabir Chowdhury J.- Accused petitioner Mahabubul Goni seeks leave to appeal against the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 2250 of......sion committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......t Appellate Division (Criminal) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Mahabubul Goni .......... ............Petitioner vs The State represented by the Deputy Commissioner, Dhaka and another ...........Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ce of murder under section 302/34 of the Penal Code. Section 497 of the Code of Criminal Procedure speaks of that when there is a reasonable ground for believing that a person is guilty of offence publish-able with death or imprisonment for life, he should not be granted bail. Section 497 of the......2002) Judgment: Md. Fazlul Haque J .- This appeal is directed against the judgment and order dated 4.11.2002 passed by the Division Bench of the High Court Division in Criminal Miscella......his appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......f Magistrate, 1st Class Shariatpur moved unsuccessfully the learned Sessions Judge, Shariatpur for bail in Criminal Miscellaneous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as petitioner moved the High Court Division whereby Rule was obtained in Criminal Miscellaneous Case No. 936..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ...... Mustafa Kamal J.- This appeal by leave by the writ petitioner is from the judgment and order dated 27-8-92 passed by a Division Bench of the High Court Division in writ petition No.3182 ......e stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......3182 of 1991) Judgment: Mustafa Kamal J.- This appeal by leave by the writ petitioner is from the judgment and order dated 27-8-92 passed by a Division Bench of the High Court..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......p; M. A. Aziz J.- These two petitions for leave to appeal at the instance of Jamuna Knitting and Dyeing Limited and another is from the judgment and order dated 13.12.2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638......ed. Ed. ......ate Division (Civil) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Jamuna Knitting and Dyeing Limited and another.........Petitioners (In both the cases) vs Messers Yunusco K. Textile Ltd. and others................Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....stating, inter alia, that they are employees of Rajshahi Krishi Unnayan Bank in short RAKUB and that Government adopted Rajshahi Krishi Unnayan Bank Karmachari Chakuri Probidhanmala, 1988 which was published on 31.12.1988 and that to set forth the objective criteria relating to the promotion of t...... Amirul Kabir Chowdhury J. - The chairman, Board of Directors of Rajshahi Krishi Unnayan Bank and Managing Director of the said Bank filed this petition for leave to appeal against the judgment and order dated 12th July, 2005 passed by a Division Bench of the High Court Division in Writ petition......he petitioners are directed to prepare paper book within 6 (six) months. Ed. ......t: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The Chairman, Board of Directors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb and others .........................Respondents Judg..Category: Employment/Service Law | Date: | Hits: 81
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... A B M Bayezid, Advocate—For the Appellant. A Rouf, Deputy Attorney General—For the State-Respondent. Jail Appeal No. 1 of 2006. (From the judgment and order dated 5-5-2004 passed by the High Court Division in Death Reference No. 9 of 2002). ...... Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......p;……….Respondent Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 106 The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onus ne..Category: Criminal Law | Date: | Hits: 71
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