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State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......face charge under section 10(1) of Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 for killing his wife Most. Hasna Khatun, to which, he pleaded not guilty and claimed to be tried. According to the prosecution story narrated by Md. A. Awal (P.W.1), his sister was assassinated on 16th June, 1997 by..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......an and then lodged an FIR with the local police station. Pursuant thereto the police sent the dead bodies for mortuary and after completion of investigation submitted a police report recommending for prosecution of the respondents under sections 302/34 and 302/301 of the Penal Code. 3. Before the..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ......they roll the ‘bidi’. It is further admitted that 23 factories, including respondents No.3 to 5 were prosecuted under section 284 of the Labour Act, 2006 for engaging children and also there were prosecutions for violation of sections 14, 15, 16 and 17 of the Factories Act, 1965. It is admitted ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......er section 9(3)/30 and 9(3) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 respectively and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Tk. 1,00,000/- each. 2. The prosecution case started upon an ejaher lodged on 29.07.2001 by the informant (P.W.1) Md. Afsar Ali,..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......cial punishments including in the name of execution of Fatwa do not happen in their concerned areas. If such an occurrence happens in their concerned area, they shall take appropriate legal steps for prosecution of the offender(s).
(iii) The Government in the Ministry of Local Government shall in..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....me and did not see the occurrence but she had seen the assailants with dao and did not disclose the name of accused Abdur Rahman, this P.W. denied the defence suggestion that he did not examine any impartial witness or held perfunctory investigation on being influenced by the informant and his ......dly any circumstantial evidence it is essential that the persons who are the next door neighbours or lived near the place of occurrence should be examined for unfolding of the case. And when the prosecution did not examine the witnesses without satisfactory explanation adverse presumption under..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... cheque is returned unpaid; and (iii) that the drawer should have failed to pay the amount within 30 days of the receipt of notice. It is only when all the above three conditions are satisfied that a prosecution can be launched for the offence under section 138. 10. Now let us see the provision..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......to demean, defame, malign and belittle her politically at the dictation of the persons who were in power at the relevant period. 10. Mr. AFM Mesbahuddin, learned Senior Advocate submits that the prosecution could not substantiate its case by producing any document that earlier tender was called..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......y reported in AIR 2000 SC 2952. In this case the Supreme Court held that Section 197(1) of the Code of Criminal Procedure obviously is for preventing public servants from being subjected to frivolous prosecution for discharging their official duties. 11. Thomas, J while delivering the judgment ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......ip;…Respondents Judgment March 22, 2010. Result: The Rule is discharged. Maintainability of writ petition when there is alternative remedy The evidence that the prosecution has in respect of their prima-facie satisfaction about the petitioner's involvement ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......opportunity to challenge the further proceedings of the case under section 241A of the Code of Criminal Procedure when he will have the opportunity to assail any evidence which may be produced by the prosecution to support the prosecution case. Thus, it cannot be said that the petitioner does not ha..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......o the Parliament and, of course to the populace at large. According to him, unless the government is given a free hand in the decisions taking process, pertaining to such matters, and if the sword of prosecution is kept hanging over it’s head, no government will be able to perform its duties p..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......d entity cannot bread any valid offspring. Mr. Taposh concluded his preferment saying that as a malafide action destroys all traces, that itself would justify our move to set aside the whole criminal prosecution. 10. By referring to that part of the FIR, where the informant stated that the meet..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... entity can not bread any valid offspring. Mr. Taposh concluded his preferment saying that as a malafide action destroys all traces, that itself would justify our move to set aside the whole criminal prosecution. 10. By referring to that part of the FIR, where the informant stated that the meet..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......earned advocate further submitted that the sanction as it appeared from the order itself was a mechanical one, inasmuch as 25 accused persons have been listed simply as having been given sanction for prosecution. He submitted that it was a mechanical and omnibus sanction and not acceptable in the ey..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......e country, namely s. 82 of the Penal Code, 1860. According to this section, any police personnel worthy of his badge cannot arrest a child below the age of nine years, since that child is immune from prosecution……………………..(16) The children wing of the prison is meant for children ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......le is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of the trial Court and that the Court would exercise its ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......al defendant 3, was the next vahivatdar after Waman Chimnaji Waghule. It was therefore, in the fitness of things that he acted as the next friend of the plaintiff in the matter of the institution and prosecution of this suit." 24. In Sri Iswar Radha Kanta Jew Thakur Vs. Gopinath Das, AIR 1..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ...... of the cheque as unpaid. The drawer of the cheque is obliged to make the payment within thirty days of the receipt of the said notice………………………..(14) The cause of action for prosecution arises under section 138 (1)(c) of the Negotiable Instruments Act on the failure of the..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......, 14 and 15, with a view to prevent corruption, were vested with the power to arrest, inquire and investigate such cases. He further submits that there is no infirmity of law in launching the instant prosecution against the accused-petitioner and as such the Rule is liable to be discharged. 10...Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
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