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Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......and thereafter Raton Chandra Roy. This Raton Chandra Roy transferred the said property in favour of the complainant-opposite party and others by two registered sale deed dated 13-4-1993. However, the accused-petitioners created a false Power of Attorney in the name of the said Joya Rani Guha, althou..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... of following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so pre-posterant that even on admitted facts no case stands against the accused; (2) Where the institution and continuation of the proceeding amounts to an abuse of the ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... 2000 is preferred against order dated 9.11.2008 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case...Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......that no glass was supplied to him as an alamat. He further stated that while giving statement under section 161 of the Code, Saleha Begum (P.W.11) did not state whether Fatema Begum told her that the accused had kissed on her cheeks. 19. P.W.15 Manjarul Mannan stated that at the relevant time he..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......on with each others fabricated a number of Board Meetings and Resolutions of Tea-Hung Packaging (BD) Limited, a foreign investment company in Bangladesh in which Bo-Sun Park is the Chairman. The accused-persons manufactured some false and forged documents with a view to prevent the respondent ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
.... can not always be a circumstance which should lead to an inference of guilt to the accused. some times out of fear and self respect and to avoid unnecessary harassment even an innocent person remain absconding for sometime......................(78) Law is now well settled that suspicions......he condemned-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......t be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank, Tultikar branch, lodged FIR with Kotwali Police Station against accused Farid Uddin, the cashier of his branch, on the accusation that he as the cashier of the bran..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ...... Magistrate, Dhaka under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881) alleging, inter alia, that in order to discharge liability arising out of the business relationship of the accused with the complainant, the accused issued a cheque in favour of the complainant being No. 662..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....t after enlarging on bail he was found absent from the proceeding and accordingly, the order of bail was cancelled by the learned Judge of the Tribunal on 23-10-2000. However, the petitioner remained absconding till delivery of judgment. 7. After delivery of judgment, the petitioner was ar......minal Procedure can be exercised to quash a proceeding or even a conviction on conclusion of a trial if the court concerned got no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any criminal offence, or the conviction has been based on ‘no eviden..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......u Nirjatan Daman Ain, 2000 (hereinafter called “the Ain”) against respondent No.1 Kabir Hossain and also took cognizance of the offences under sections 7/9(1)/30 of the Ain against three other co-accused. 4. The learned Judge of the Tribunal framed charge against respondent Nos.1-3 by his ord..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ...... Station- Chirirbandar, District-Dinajpur against the judgment and order dated 14.10.2009 passed by the Nari-OShishu Nirjatan Daman Tribunal, Dinajpur in Nari-O-Shishu Case No.276 of 2006 finding the accused appellant guilty punishable under section 10 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 a..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... 2. The prosecution case, in short, is that, one Md. Sobir Ahmed, District Anti-Corruption Officer, Kushtia lodged a written F.I.R. on 29.1.1991 with the Kushtia Police Station alleging that, accused Md. Nurul Islam, Auditor, Accounts Office, Doulatpur Upazila Parishad, Kushtia in conni..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......ssion (ACC). Criminal Miscellaneous Case No.11345 of 2002. Judgment Md. Rezaul Hasan J.- This rule under section 561A of the Code of Criminal Procedure (the Code), at the instance the accused-petitioner, has been issued calling upon the opposite party to show cause as to why the enti..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....tition for quashing of conviction and sentence under Section 561A of the Code of Criminal Procedure is not maintainable inasmuch as the petitioner herein misused the privilege of bail and remained in absconding on the day of pronouncement of judgment till his arrest, having guilty mind. Further he s......ase No.447 of 2000 should not be quashed and/or such other or further order or orders passed as to this court may seem fit and proper. 2. The facts relevant for disposal, in short, are that the accused petitioner Md. Abul Hashem was implicated in Nari-0-Shishu Nirjaton Case No. 447 of 2000 und..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......lainant-opposite party no. 2 lodged a petition of complaint with the Court of the Chief Metropolitan Magistrate, Chittagong on the allegations, inter alia, that the complainant and the husband of the accused-petitioner were very friendly with each other and at one stage, the husband of the accused-p..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ...... Advocate - For the Opposite Party No.2 (Anti-Corruption Commission). Criminal Miscellaneous Case No. 5735 of 2008. Judgment Md. Rezaul Hasan J.- In this matter, at the instance of the accused-petitioner, a Rule under section 561A of the Code of Criminal Procedure, 1898 (the Code..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (amended 2003), now pending in the Court of learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal, in short, is that one Md. K..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......tage of 85.298 metric tons of rice, 221.952 metric tons of wheat and 185 pieces of bags worth Taka 23,06,728.80 in total. It was presumed that the said Mirza Monwar Hossain, since deceased and the co-accused in collusion with each other had misappropriated the said amount within the period from 29.3..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ...... Babuganj Police Station, Barisal on 24.4.1995 against the appellants and four others alleging inter alia that they were members of Sarbahara Party and used to commit robbery in different places. The accused persons being equipped with dao, stick, cut rifle, iron rod and knife had appeared in front ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159