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Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....ing is liable to be quashed for ends of justice. 8. Mr. Md. Shafiqul Islam, the learned Advocate appearing on behalf of the opposite party No.2 on the other hand, submits that the ingredients of a criminal offence is required to be proved by evidence at the trial and this matter cannot be consi...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......s the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither section does invest the Court with any new power. The power is already there and all that the sections do is to provide that in regard to all Civil Courts, nothing i..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....Session Case No.1284 of 2007, Tk. 75,00,000 in Session Case No.1282 of 2007, Tk. 30,00,000 in Session Case No.1286 of 2007 and Tk.29, 00,000 in Session Case No.1285 of 2007. Petitioner preferred four criminal appeals before the learned Metropolitan Sessions Judge, Dhaka against those judgments, who ...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petitioner failed to hand over possession of the apartment to the complainant. Thereafter, another agreement was executed between them providing that the petitioner would return Tk. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......). The cognizance order and the charge framing order are therefore set aside for enabling further investigation, however the quashment of the proceedings is not called for, due to the allegations of creation of false documents...............(27) Lawyers Involved: Mahbub Shafique with KM Ha..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......he FIR) on 20-12-1988. He alleged that, during the period from 5-10-1985 to 25-11-1985, the 11 accused-petitioners and others committed offences under sections 420, 468, 471 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 in connection with absorption of ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....do is to provide that in regard to all Civil Courts, nothing in the Civil Procedure Code limits or otherwise affects the inherent power and in regard to the High Court Division acting as the Court of criminal Justice that nothing in the Criminal Procedure Code does so limit or affects its inherent p......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......sess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither sections do invest the Court with any new power. The power is already there and all that the sections do is to provide that in regard to all Civil Courts, nothing i..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....ve to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the High Court Division in Criminal Revision No.811 of 1995) Judgment Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 18.02.2010 pa...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
.....4 of 2005 and also Criminal Appeal No.400 of 2005 and Criminal Miscellaneous Case No.11065 of 2005 were filed by other co-convicts. 8. By the impugned judgment the reference was rejected; the criminal appeal by the condemned prisoner was dismissed commuting his sentence of death to impriso......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......Hossain asked Harun (since deceased), to inform the matter to the police. When Harun tried to go to inform the police, accused Saiful Azam fired a gun shot at the chest of victim Harun with his own firearm, and as a result, Harun fell down on the ground. The other accused persons made blank shots fr..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....hment for infliction of simple injury on demand of dowry, the Tribunal constituted under the said Ain, therefore, had no jurisdiction to try the present case. It could at best be tried by an ordinary criminal Court. 17. The petitioner has already undergone the trial and served out imprisonment ......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......charge sheet on 8.12.1998 against all the accused under sections 10(2) and 14 of the Nari-o-Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 (hereinafter called the Ain). 4. The case, after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar and was register..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
....04 to the objection of the appellant stating that the bills could not be exempted. The said Office sent another notice dated 12.05.2004 requesting the appellant to pay the arrear bills, failing which criminal action would be taken. But neither the said reply nor the notice could be served because of......e effect that the appellant was not a bank loan defaulter.
The third source was a letter dated 02.12.2008 under memo No. T-R/mm/Nirbachan/08 sent by the Accounts Officer, Telephone Revenue, BTCL, Mymensingh (Respondent No.10) about the non-payment of telephone bills by the appellant for an amount ......1/14930 stating that the appellant was a bank loan defaulter for an amount of Tk.15,44,32,437.31 as on 30.11.2008.
The second source was a letter issued by the Joint Director of Credit Information Bureau (shortly, CIB) of the Bangladesh Bank, (Respondent No.8) under Memo No. CIB- 1(90)/208-30295 da..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ...... The charge framing order should be very speaking with regard to involvement of the accused-petitioner in the alleged offence. The trial Court generally observed that "it is found that there is reasonable ground for believing that accused committed offence punishable under section 409/109 Pena..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....case. Learned Judge of the Tribunal heard the application, rejected the same and framed charge against the appellants under section 10(1) of the Ain by order dated 3.5.2005 giving rise to the instant criminal appeal. Mr. M. A. Wahab, learned Advocate appearing for the appellants submitted that they ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......g of prima-facie truth in the allegation. On receipt of the said report, learned Judge took cognizance of offence against the appellants under section 10(1) of the Ain and proceeded with the case. Thereafter, the appellants filed an application before the Nari-o- Shishu Nirjatan Damon Tribunal for t..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....per perspective. If this conversion of the conviction of Babul is allowed to remain on record without making any observation, it will give a wrong message to the courts below in the administration of criminal justice. It is found from the facts proved by the prosecution that this case is not one whi......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ....... Judgment Md. Muzammel Hossain CJ. - I have gone through the judgments proposed to be delivered by my brothers, Surendra Kumar Sinha, J. and Md. Abdul Wahhab Miah, J. I agree with the reasoning and findings given by Md. Abdul Wahhab Miah, J. Surendra Kumar Sinha J. - Appellants ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul 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) 33. ......bdul 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) 33. ......ay of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure 'exceeding 5 years' are wide enough to infer to any period. There is no scope to read the word 'exceeding' in a narrower sense like 'otherwise than in perpetuity..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......shows that this appeal was filed in 1989 and was numbered as Criminal Appeal No.42 of 1989. Subsequently it was renumbered with its present number, possibly on transfer from Comilla Bench, though the reason of such renumbering is not recorded. However, in view of its long pendency for more than twen..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....cedure the High Court Division would not embark upon an enquiry whether the evidence in question is reliable or not. This is the function of the trial court and it might so happen that quashment of a criminal proceeding before commencement of trial would amount to stifling the proceedings before the......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......ue against the accused-petitioner No.2 and others after tragic demise of his minor son named SM Akash. On 30.04.07 the 10 years old son of the informant fell ill due to fever. After preliminary treatment he was not recovered and was taken to the out door of the Jhinaidha District Hospital on 06..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......n the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce judgmen..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....tion of complaint was sent to the Police Station for investigation, but the police submitted final report against which the defendants filed naraji petition which had been also rejected; they filed a criminal revision before the Metropolitan Sessions Judge, Dhaka being Criminal Revision No.251 of 20......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......35,00,000. The plaintiff made further payment of taka 8, 00,000 in 8(eight) installments from 9-3-2003 to 30-5-2004 towards the value of the said flat. The plaintiff paid taka 24, 00,000 in total. Thereafter, on 19-8-2004, the plaintiff paid a sum of taka 1, 00,000 (one lac) to defendant No.2 and en..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
.... Dhaka, to transfer the case to the Juvenile Court stating that the age of the accused-petitioner was below 16 years at the time of the alleged occurrence. The said application was registered as criminal Miscellaneous Case No.1313 of 1992. When the Criminal Miscellaneous Case No.1313 of 1993 wa......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ...... order.) 2. The present accused-petitioner on 17-2-1993 at about 1.00 PM was apprehended with a pistol and 6 cartridges from the crossing point of Road No.14, and Shere Bangla Road of Dhanmondi area by the police personnel who were on petrol duty in that area; with regard to recovery of such pi..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......the language and the contents of judgment. Section 367 of the Code of Criminal Procedure requires that every judgment shall contain the point or points for determination, the decision thereon and the reasons for the decision. This court finds that an Order (judgment) dismissing an appeal summarily i..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......estigation, submitted charge sheet on 7.5.2002 against both the appellants under sections 6 (1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 (hereinafter called the Ain). 5. The case, after being ready for trial, was sent to the Nario-Shishu Nirjatan Damon Tribunal, Jhenaidah and was registered ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
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