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Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ...... Dulles, 356 US; Ong Aha Chuan Vs. Public Prosecutor, (1981) AC 648; Privy Council in Fox Vs. The Queen, 2002(2) AC 284; Privy Council in Bowe Vs. The Queen (2006) 1 WR 1623; Barnard Vs. The Attorney General; Attorney General Vs. Susan Kigula; Godfrey Ngotho Mutiso Vs. Republic Lawyers Involved...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ...... of 2009, 8 of 2010, 2-3 of 2011, 5 of 2012, 7 of 2012 and 8 of 2012) Helaluddin Mollah, Advocate- For the Petitioner (In jail Petition Nos.1 of 2010 and 16 of 2010) Mahbubey Alam, Attorney General, (with Momtazuddin Fakir, Additional Attorney General)-For the Respondent (In Civil Appeal N......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

.... is contested by the respondent No. 2, Director Land Records and Survey and respondent No. 5, Bhawal Raj Court of Wards Estate, represented by its Manager through Mr. Sashanka Shekhar Sarker, learned Deputy Attorney General and Mr. Manzill Murshid, learned Advocate respectively who also filed two se......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ...... the respondent No. 2, Director Land Records and Survey and respondent No. 5, Bhawal Raj Court of Wards Estate, represented by its Manager through Mr. Sashanka Shekhar Sarker, learned Deputy Attorney General and Mr. Manzill Murshid, learned Advocate respectively who also filed two separate affidavit......gaon, Dhaka- 1208. Memo No. 31.8.2692022.44.00 1.14-217 dt. 27-4-15 Sub: An official report in respect of City Jarip Khatian No. 1645 belong to Mouza Tejgaon Industrial Area, JL No. 6, Police Station-Tejgaon, District Dhaka. Ref: 1. A letter from the office of the Attorney Genera..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......possibly arrived by any court acting reasonably and judiciously and is, therefore, liable to be characterized as perverse.......(22) Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General instructed by Sufia Khatun Advocate-on-Record—For the Appellant. Khondaker Mahbub......ue Uddin and Kalamandar Ali were coming back towards their respective houses after casting votes at the Mirgonj High School Polling Station for the election of No. 8, Vadesshwar Union Parishad within Police Station Golapgonj, while they reached in between Fateh Chand Shop and Faisal Trailers at Mirg..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......tion Application description of the property given as follows:- All that piece and parcel of land measur­ing 14.33 (fourteen point three three) deci­mals situated in the District- Dhaka, Police Station-Fatulla, Sub-Registry Office-Nara-yanganj, under Dhaka Collectorate Touzi No. 1132, J..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

.... Station and informed the mat­ter to the concerned Police Station. Annexure-3 reveals that the Metropolitan Police Headquarters, Dhaka by a letter dated 12-3-2015 informed all concerned, that is, Deputy Police Commissioner, Ramna, Tejgaon, Lalbagh, Mirpur, Gulshan, Uttara, Motijheel, Wary, DB-Ut......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......c of Bangladesh 31 DLR (AD) 1 Lawyers Involved: Khandker Mahabub Hossain with Moudud Ahmed AJ Mohammad Ali and M Masud Rana, Advocates—For the Petitioner. Mahbubey Alam, Attorney-General, Momtaz Uddin Fakir, Additional Attorney-General and Dr. Md. Bashir Ullah, DAG—For Opp......torney-General and Dr. Md. Bashir Ullah, DAG—For Opposite Parties.                  Repeated Denial of Police— In the backdrop of repeated denial of police that Salauddin Ahmed is under their ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ...... Vs. Harjeet Singh Sandhu, AIR 2001 SC 1772; Re El Sombrero Ltd., (1958) Ch. 900; Union Music Ltd. Vs. Watson (2003) EWCA Civ. 180 and (2004) BCC 37; Indian Spinning Mills Ltd. Vs. His Excellency Lt. General Madan, AIR 1953 Cal 355. Lawyers Involved: Sameer Sattar with Mamun Chowdhury, Adv......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ......ition for Leave to Appeal is directed against the judgment and order passed in Criminal Miscellaneous Case No. 20624 of 2013 arising out of Special Case No. 38 of 2012 corre­sponding to Chandgaon Police Station Case No. 14 dated 5-9-2010 and ACC GR Case No. 23 of 2010 under sections 409/109 of t..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ...... Involved: TH Khan, Senior Advocate, (AM Mahbub Uddin, Advocate, appeared with him), instructed by Md. Tauflque Hossain, Advocate-on-Record—For the Petitioner. Mahbubey Alam, Attorney-General, instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.1 . Khurshid A......hal­lenging the order dated 4-9-2013 passed by the learned Metropolitan Senior Special Judge, Dhaka in Metro Special Case No.138 of 2012 arising out of GR No. 88 of 2011 correspondence to Gulshan Police Station Case No. 45 dated 16-8-2011 taking cognizance against the accused-petitioner under se..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......Mahbub Hossain, Senior Advocate, with Mohammad Nazrul Islam, Senior Advocate, S.M. Shahjahan Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Attorney General, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Respondent   ......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

....-cum-show cause notice dated 23-6-2014 or that respondent No. 1 has any authority under the Act to extend the bonded period. 9. In reply, Mr. Rashed Jahangir and Mr. SM Maniruzzaman, the learned Deputy Attorney Generals appearing with Ms. Salma Rahman and Titus Hillol Rema, the learned Assistan......shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ......notice dated 23-6-2014 or that respondent No. 1 has any authority under the Act to extend the bonded period. 9. In reply, Mr. Rashed Jahangir and Mr. SM Maniruzzaman, the learned Deputy Attorney Generals appearing with Ms. Salma Rahman and Titus Hillol Rema, the learned Assistant Attorney Tener......shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....abala land vide Miscellaneous Case No.922BK/7S-74 was dismissed by the Circle Officer (Revenue), Bakergonj by his order dated 3-2-1983 and appeal from the said order was also dismissed the Additional Deputy Commissioner Revenue) on 1-7-1985, upon a further appeal the Additional Divisional Commission......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......iled another case against the petitioner under sections 406/420 of the Penal Code and the proceeding was issued by the Chief Metropolitan Magistrate Court directing to send the same to Double Mooring Police Station to treat the petition as FIR and Police Station sent the same to the Court being Doub..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....squo;নারী’…..(17). Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Appellant. Biswajit Deb Nath, Deputy Attorney-General instructed by Mahmuda Begum, Advocate-on-Record— For the Respondent. ......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......€’…..(17). Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Appellant. Biswajit Deb Nath, Deputy Attorney-General instructed by Mahmuda Begum, Advocate-on-Record— For the Respondent. Criminal App......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....n Affidavit-in-Opposition. His case, as set out therein, in short, runs as follows: The Senior Assistant Secretary of the Ministry of Home Affairs wanted a detailed and specific opinion from the Deputy Commissioner of Gopalganj about the can­cellation of licences of fire arms of the charge-......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......People's Republic of Bangladesh, 40 DLR (AD) 170 and Reza-ul-Karim (Md.) Vs. Secretary, Ministry of Home Affairs, 44 DLR 110. 7. Per contra, Ms Purabi Rani Sharma, learned Assistant Attorney-General appearing on behalf of the respondent No.2, submits that though the petitioner was not accor...... after proper verification. But some inimical quarters got the licence cancelled by the respondent No. 2 with mala fide intention and thereafter the petitioner deposited the licensed gun to the local Police Station on 17-6-2001. The petitioner did never misuse the terms and conditions of the licence..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Durnity Daman Commission, represented by its Chairman, Dhaka Vs. M Sahabuddin Ahmed and others, 2015, 44 CLC (AD)

....t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ......t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ......t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ......as quashed the proceeding of Special Case No. 2 of 2008, so far its relates to the respondent M Sahabuddin Ahmed pending before the Special Judge, 7 Court, Dhaka. 2. We have perused the FIR, the Police report and the impugned judgment of the High Court Division. Learned counsel appearing for th..

Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ...... have been passed without lawful authority and is of no legal effect. 2. Short back ground facts, relevant for the disposal of the Rule, are that Islami Bank Bangladesh Limited, Benapole Branch, Police Station-Benapole, District-Jessore-(respondent No.3), as plaintiff, filed Artha Rin Suit No.3..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ......ion under section 561A of the Code of Criminal Procedure with a view to quashing the impugned proceeding of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007 corresponding to Motijheel Police Station Case No. 140 dated 29-3-2007 under sec­tions 409/109 of the Penal Code and read w..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....of the Code of Criminal Procedure but this Rule is filed only to delay the proceeding to progress in its own course, as such, the Rule should be discharged. 14. Mr. Goutam Kumar Roy, the learned Deputy Attorney-General appearing along with the learned Assistant Attorney Generals Mr. Md. Eunus A......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......riminal Procedure but this Rule is filed only to delay the proceeding to progress in its own course, as such, the Rule should be discharged. 14. Mr. Goutam Kumar Roy, the learned Deputy Attorney-General appearing along with the learned Assistant Attorney Generals Mr. Md. Eunus Ali and Mr. Yousu......tance of the accused-petitioner, Sree Shamvunath Karmaker and another calling upon the opposite parties to show cause as to why the proceedings in Special Case No. 2 of 2009 arising out of Panch-bibi Police Station Case No. 11 dated 16-10-2008 corresponding to GR No. 320 of 2008 (Panch) under sectio..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......used per­son...........(6-8) Case Referred To- Anti-Corruption Commission Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. (In Crimiml Petiti......t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11