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State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....: “It is well-settled that common intention in section 34 of the Penal Code presupposes prior concert. It requires a pre‑arranged plan because before a man can be vicariously convicted for the criminal act of another, the act must have been done in furtherance of the common intention of them ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ...... Ghat to buy fish fry and while he was taking tea in the tea-stall of Habibullah at about 8-45 AM the condemned prisoner Chanu called and took Shamsu Sikder towards the east of the ghat and when they reached the land of Megha by the south‑east of Molla's house, in Laxmikot mouza, all the condemned..Category: Criminal Law | Date: | Hits: 36
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....at since the plaintiff filed a case under section 488 of the Code of Criminal Procedure before the court of the Magistrate and has been getting maintenance for her daughter from the defendant in that criminal case this present civil suit is not maintainable at all. 4. The trial Court dismissed th...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... was pleased to allow a maintenance for the daughter of plaintiff at the rate of Taka 200 per month. Subsequently it was raised to Taka 400 per month by the learned Metropolitan Magistrate, Dhaka. Thereafter several years have elapsed and the circumstances have changed. The little daughter of the pl..Category: Family Law | Date: | Hits: 186
Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)
....sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......e and on hearing of the incident they rushed to the house of the accused and found the blood-stained dao outside his house while the accused locked himself inside the room. The people went inside by breaking open the window, caught hold of the accused and thereafter handed him over to the patrol pol..Category: Health Law | Date: | Hits: 266
....of supply of electricity. Mr Haq further submits that had there been any endeavour on the part of the petitioner to tamper with the meter as alleged the respondents had ample opportunity even to file criminal case against the petitioner which is punishable under section 39 of the Electricity Act but......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690....... lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be put thus:
The petitioner, Modern Cold Storage Limited, started its functioning in the industrial area of Feni town getting electricity connection from the respondent No. 2, Bangladesh Power Developm..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....cused petitioner submitted the original copy of the Bainapatra dated 18-8-1996 in the civil Court and since the original Bainapatra, against which the allegation of forgery has been raised before the criminal Court, the instant proceeding in GR Case No. 190 of 2000 is an abuse of the process of th......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......offence under sections 420/467/468/471 of the Penal Code and the learned Chief Metropolitan Magistrate, Chittagong, sent the said petition of complaint to the Kotwali Police Station, Chittagong, for treating the same as FIR. Thereupon, Kotwali Police Station Case No. 29(3) 2000 under sections 420/46..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....d condemned-prisoners Md. Khaja and Sohrab alias Sohrab preferred Criminal Appeal No. 163 of 2004. These three condemned-prisoners also filed Jail Appeal No. 145 of 2004. The reference and both the criminal appeals and jail appeal having arisen out of the same judgment and order, have been heard t......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......med Rasel Park, accused Almas, Aurango alias Anga, Taher alias Taha, Khaja and Sohrab entered into the park and came in front of the deceased. Accused Almas shot to the chest of the deceased with a firearm causing bleeding injury. Accused Aurango shot to his right abdomen causing another grievous in..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....ppearing for the accused petitioners, at the first instance, submits on the merit of the Rule. According to him, the claim of insurance policy is always a subject matter of civil dispute for which no criminal case can be initiated, the informant having filed civil suit for recovery of the insured mo......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ...... factory. The informant demanded policy money to which the accused petitioner made proposal to negotiate and made a proposal to the effect that instead of paying Taka five crore as demanded, they are ready to pay Taka one crore. This, according to the informant, is violation of the trust and thus lo..Category: Criminal Law | Date: | Hits: 97
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......tion of evidence, both oral and documentary, the Adalat decreed the suit on 13-7-01 on contest against the defendants-petitioners for an amount of Taka 49,79,194.32 with interest @ 18% per annum till realisation. The petitioners having defaulted in repaying the decretal amount within the prescribed ..Category: Constitutional Law | Date: | Hits: 168
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......on25A of the Special Powers Act, 1974. ……………………………(31) It is well settled that an accused, in order to be found guilty under section 25A of the Special Powers Act, must have mens rea or guilty mind or reason to believe that the currency-note which he kept in his possession ......ledge or belief that it was forged or counterfeit. A conviction under the section can only be held valid when the prosecution proves in addition to possession that the accused used the note or having reason to believe the same to be forged or counterfeit. It must be remembered that in course of dail..Category: Criminal Law | Date: | Hits: 40
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......e of the Rule petition that out of 8 accuseds 2 accuseds preferred this miscellaneous case, but rule was issued for quashment of the entire proceeding. This matter appeared before us on 27-8-2005. Thereafter, this matter appeared on 17-10-2005, 15-11-2005 and from 28-11-2005 this matter appeared as ..Category: Criminal Law | Date: | Hits: 29
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......tion of complaint, are liable to be punished under the said provision of the Act, 2005. 3. The complainant was examined on 3-9-2005 under section 200 of the Code of Criminal Procedure and thereafter, the accused petitioner appeared and was enlarged on bail. Accused petitioner moved an appli..Category: Health Law | Date: | Hits: 251
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....although the local witnesses have not corroborated them. 20. The private witnesses now-a-days do not come forward to support the prosecution story due to fear of reprisal or other causes. The criminals are using sophisticated awns, which arms are not given to the law enforcing agencies other...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549....... Swapan, Khokan, Sagor along with 10/12 others had assembled on the roof-top of Siddique Mia's house of 82, Hazaribagh for extortion from the businessmen of Hazaribagh Bazar and Hazaribagh Tannery area, which house is situated between Hazaribagh Bazar and Hazaribagh Tannery locality. On the basis ..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....vidence both oral and documentary adduced by the parties on consideration of the same decree the suit with the finding that since the plaintiff was acquitted of the charge levelled against him in the criminal case by this Court in appeal, his removal from the service is without basis and, as such, i......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......iff filed the above suit against the opposite parties for directing the defendant No. 2, the Deputy General Manager, Rupali Bank, to accept his joining report and to allow him to join in his service treating him still in service and giving him all past financial benefits of service including salary...Category: Criminal Law | Date: | Hits: 29
Shilpi Vs. State, 2006, 35 CLC (HCD)
....ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ..Category: Procedural Law | Date: | Hits: 67
....ed in rule 3(1) (a). It appears that the General Manager has given power to terminate service of any employee as noted in the aforesaid rule and there is nothing in the Regulation of 2003 that when a criminal case is pending or disposed of against such an employee General Manager can not exercise th...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ......, are that the petitioner in Appeal No.32 of 2006 was appointed as an Examiner of Coin/Note and was promoted to the post of Coin/Note Examiner Grade-2 on 23.02.1997 and confirmed in the post and thereafter he was promoted to the post of Grade-1 on 26.11.1981. All other petitioners were also appoin..
Category: Administrative Law | Date: | Hits: 215
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....y No. 1 on obtaining registration of his products of CI Fittings including tubewell in Class‑6, is actually manufacturing sanitary goods with the trade mark 'Lucky'. As such, the petitioner filed a criminal case being No. CR No. 1305 of 2001 before the Chief Metropolitan Magistrate, Dhaka and by h......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......r, submits that the petitioner as far back as in 1986 filed the application for his Trade Mark 'Lucky' and since then the petitioner is manufacturing and marketing his sanitary fittings and earned a great deal of goodwill of his products bearing the trade mark name of 'Lucky' and long thereafter sin..Category: Intellectual Property Law | Date: | Hits: 175
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......from her parents and if that would not be given he would not accept her as his wife. The victim then went to the parents of the appellant but they also were in the decision of their son and further threatened that they would not accept the marriage and if she insists and discloses the matter then sh..Category: Criminal Law | Date: | Hits: 44
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
.... 19. The overall aim is therefore, not to punish the offender, but to seek out the root of the problem, in other words, not treating the delinquents as criminals, but treating the cause of their criminality and directing them on a path which will be acceptable to mainstream society in order to ......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520....... Md. Rahamatullah at "Kana Pukkur Morh" at Alangi; that accused Md. Rahamatullah called Mehadi Hasan Oni to go to Ranga Pota village which has been seen by Md Saifuddin, brother of complainant and thereafter Md. Kamal Hossain and Md. Azizul Islam have also seen that they were going to Elangi Rail li..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......ons were ordered to pay fine of Taka 1,00,000 each to be paid to the victim's father as compensation. In case of failure to pay the fine, the District Collector (Deputy Commissioner) was, directed to realise the fine in accordance with section 15 of the Ain and to expeditiously hand over the fine ..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim Assistant Attorney-General—For the State-Respondent. Criminal Appeal No. 211 of 2003. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellants (1) Taju, (2) Azahar, (3) Hanifa and (4) M...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......about 17/18 years with bad intention which was witnessed by his old mother Asia Begum (PW 2) and other persons of the locality but they did not dare to resist the accused persons being frightened. Thereafter, on his return home at night he heard about the incident from his mother and others and star..Category: Criminal Law | Date: | Hits: 42
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