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Displaying 1981-2000 of 3048 results.

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

....etention is grounded fall under the classification of “public order” or belong to the category of “law and order”. 14. On a reading of the grounds communicate to the detenu it appears that criminal activities of the detenu are relatable to past activities, Kotwali Police Station Case No. ...... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266.......tion signed by District Magistrate, Barisal for a period of 30 days. Grounds of detention had been also communicated upon detenu on the sane day by detaining authority. The order of detention was, thereafter, extended for a further period of three (3) months by detaining authority i.e. the Governmen..

Category: Criminal Law | Date: | Hits: 39

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....to hold that the initial order of detention was malafide. 10. Lastly, the most important argument of Mr. Islam is that after detaining the detenu section 3(2) of the Special Powers Act, a specific criminal case has been started over the self same facts and, as such, he has argued that there canno......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ention on several grounds which we like to discuss one by one. First argument of Mr. M Amirul Islam is that the detenu was arrested under section 54 of the Code of Criminal Procedure but there was no reason to arrest the detenu under that section of the Code of Criminal Procedure. In this connection..

Category: Constitutional Law | Date: | Hits: 195

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......r Mohammad and their associates were inimical to the informant and his sons. On 19-3-1990 at about 6-20 PM one Sukur Mahmud, Lebu Miah and Abul Hossain were returning home from Ballahat and when they reached near the ridge of the IRRI land of Abdur Razzak Ansari of village Singair accused Nur-e-Alam..

Category: Criminal Law | Date: | Hits: 42

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....t while deciding a review case the learned District Judge found illegally in the judgment of Title Suit No.116 of 1977 on the basis of an enquiry report submitted by a Magistrate in connection with a criminal case. This betrays on the part of the learned District Judge a sense of colossal indifferen......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......ave no title and possession in the suit property, which is owned and possessed by them on the basis of purchase by registered sale deeds dated 24.3-75 f following which they duly got into therein. Thereafter, they mutated their names in respect of the suit property and since then they have been payi..

Category: Procedural Law | Date: | Hits: 81

Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)

....of the case on merit. 24. Having regard to the facts and circumstances of the case and considering the arguments of the learned Advocates of the respective parties, we are of the view to quash the criminal proceeding in order to secure the ends of justice. 25. In the result, the Rule is made a......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......nt but the said cheque was dishonored on 20-8-2000 due to insufficient fund in the account. The said cheque was again deposited on 31-8-2000 but this time was also dishonored on 3-9-2000 for the same reason. 3. That the complainant-opposite party informed the accused-petitioner about the cheque i..

Category: Criminal Law | Date: | Hits: 62

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

.... such agreement then also Mr. Mobarak Ullah as constituted attorney of the Tradecore Pvt. Ltd is entitled to bring any legal proceeding against the said contemner because contempt proceeding is quasi criminal proceeding and anybody can file an application for initiating contempt proceeding if there ...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......f District Judge, Dhaka, being Title Suit No. 30 of 2000 wherein they also filed an application for injunction whereupon a show cause notice was issued upon the present petitioner. It appears that thereafter the present petitioner withdrew their rectification case from the Trade Mark Registry and fi..

Category: Intellectual Property Law | Date: | Hits: 181

Kashem Vs. State, 2001, 30 CLC (HCD)

....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......b PS case No.13 (7) 93 and arrested him. On interrogation, accused Kashem confessed to the police that he had a country-made pipegun and live ammunition in a hidden place in his east bhiti hut and thereafter himself brought out a country-made pipegun and one cartridge from under the ‘Macha’ of h..

Category: Criminal Law | Date: | Hits: 37

Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)

....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...

Category: Procedural Law | Date: | Hits: 65

Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)

....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......ks of injuries on different parts of her body and suspected that her daughter was murdered and she went to local police station to lodge First Information Report. But as a UD case dated 19-3-84 was already started by the police as per information of appellant No.2 she could not lodge the First Infor..

Category: Criminal Law | Date: | Hits: 28

State Vs. Moslem, 2002, 31 CLC (HCD)

....crimes and Court should impose proper punishment befitting the crime so that Court reflects public abhorrence of crime. It is to be kept in view that it is the nature and gravity of crime and not the criminal which are germane in awarding conviction and imposing appropriate punishment. In the matter......ancies have to be distinguished from contradictions. Contradiction of serious nature in the statement of a witness sometimes become fatal in a criminal case and unless contradiction are of material dimension, the same should not be used to jettison the evidence. Discrepancies may not be fatal in a c......the rapist but also the killer. 2. Prosecution presented a pathetic, revolting and dehumanising episode Salma, a deaf and dumb seven years old innocent and helpless minor girl was ravished and, thereafter, killed. Salma will be described as victim of crime in this Judgment. Moslem had been depict..

Category: Criminal Law | Date: | Hits: 82

Shebait Mohanta Sree Kedar Nath Achari Vs. Sree Khitish Chandra Bhattacharya and another, 1999, 28 CLC (HCD)

.... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ...... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ...... Sessions Judge at the instance of the opposite party No.1 is revisable under section 439 of the Code of Criminal Procedure petitioner impugned that orders under section 561A of the Code and for that reason by order dated 29-11-99 this Rule has been fixed for hearing without hearing the application ..

Category: Criminal Law | Date: | Hits: 32

Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)

....Act to detain the detenu. 10. In grounds No.2 some General Diaries have been mentioned without any specific date, time or date of any overt act allegedly committed by the detenu nor admittedly any criminal case have been filed for those alleged acts and, as such, we hold that mere filing of Gener......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......999 issued by District Magistrate, Barisal who was detained for a period of 30 days under section 3(2) of the Special Powers Act and the grounds of detention were communicated to him on 20-9-1999. Thereafter, Government by order dated, 11-10-1999 approved and extended the order of detention for a fu..

Category: Criminal Law | Date: | Hits: 44

Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)

....e petitioner and moreover the pillets and the gun was not examined to prove that shot was fired from the seized gun. 5. As it appears the High Court Division accepted death reference and dismissed criminal appeals holding that the evidence on record show that the prosecution case as made out by t...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......arishad, through whom the F.I.R. was sent to the police station, was also not examined; moreover prosecution witnesses were also examined by the Investigating Officer after long lapse of time which create doubts as to the veracity of their evidence; further it was also not at possible for Minara Be..

Category: Criminal Law | Date: | Hits: 33

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

....section 3 of the Special Powers Act because the de­tention was made not at all to prevent from doing any prejudicial act. Besides that, for the non-payment of the loan specific misc. case as well as criminal case were brought and for that reason also the deten­tion under the Special Powers Act can...... Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compli­ance. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 193.......taining the loan imported machineries and completed the construction of the project which was due to start in 1982. But due to delay in releasing the proposed loan by the Bank the costs of project increased and the project could not be started in due time. In the mean time the Bank started Miscellan..

Category: Banking Law | Date: | Hits: 151

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......himself, his sons P.Ws. 4 Yusuf Ali and P.W. 5 Golam Abul Hossain respectively at about I A.M. following the 19th Aswin, 1385 B.S. cor­responding to the 7th October, 1978. As the dac­oits tried to break the door of his son Yusufs homestead, the informant was aroused from his sleep. Looking from th..

Category: Criminal Law | Date: | Hits: 49

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......loyed in the let­ter. 7. Mr. Mozammel Hoque Bhuiyan learned Ad­vocate for the contemner Nos. 2-4, in placing the affidavits of the contemners, has frankly conceded that the offending publication really and truly an­swers a contemptuous publication and he cannot justify either the writing or th..

Category: Criminal Law | Date: | Hits: 35

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......prosecution case as started in the F.I.R. lodged on 19.11.67 at 17-00 hours by informant, Kashem Ali Jamader with Kathalia police station in short, is that on 16th November, 1976 accused Ezahar Sepai reaped away paddy from a portion of land belonging to the informant, and he went to Bhandaria 17.11...

Category: Criminal Law | Date: | Hits: 93

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......e­after mutated his name in the Khulna Municipality and subsequently filed Title Suit No. 144 of 1964 for a declaration of his title and obtained a compromise decree through the Court on 14.7.64. Thereafter his name was mutated in the Record of right and he paid rent to the Government. He had a sho..

Category: Property Law | Date: | Hits: 36

Belal Ahmed Vs. State, 1987, 16 CLC (HCD)

....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......de and sentenced them to suffer rigorous imprisonment for one year each only. 2. The prosecution case in short is that on 12.9.83 at about 8 P.M. the informant's daughter Shahanaz Parvin Shipa was reading in her room while the present accused Belal and Obud came in front of the door and asked her..

Category: Criminal Law | Date: | Hits: 38

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....detenu is responsible for the instability of the academic atmosphere in the Dhaka University and it is he who supplies arms to the students; He imports arms through the sea and that there are several criminal cases pending against him such as Kotwali PS Case No.46 (9) 2000 under sections 326/302/34 ......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......irport, Dhaka by the police under section 54 of the Code of Criminal Procedure in connection with Cantonment PS General Diary No.113 dated 3-4-2001. He was seriously tortured by the police. He was thereafter sent to Dhaka Central Jail. While in custody since 4-4-2001 an order of detention under sect..

Category: Criminal Law | Date: | Hits: 45