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Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....l suit against the complainant. 5. We have heard the learned Advocate for the petitioner and perused the judgment and order of the High Court Division. 6. There is no legal impediment to file a criminal case even if a civil suit is pending on the selfsame allegations provided the ingredients o......de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ......de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ..Category: Criminal Law | Date: | Hits: 43
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....burning the flag in the circumstances. The Court first found that Johnson’s burning of the flag was expressive conduct protected by the First Amendment. The Court concluded that the State could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity. It......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......plication filed by the petitioner under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and is of no legal eff..Category: Constitutional Law | Date: | Hits: 216
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....a fide belief as per their record. 8. Before we embark upon the merits of the case let us consider the legal aspect of the case. It is now well settled that contempt of Court proceeding is a quasi criminal proceeding and in such a proceeding the contempt petitioner must prove beyond all reasonabl......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......on of title in respect of the suit shop i.e. shop, No. 180, Kaoran Bazar, (first floor), Dhaka. 3. The petitioner also filed an application for temporary injunction under Order XXXIX rules 1 and 2 read with section 151 of the Code of Civil Procedure with a prayer for ad-interim injunction but the..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......g the business or affairs of a Co-operative Society or of the liquidator of a Society shall be referred to the Registrar if the parties thereto are amongst the persons specified therein. 6. From a reading of this provision of law it appears to us that the expression “dispute attaching the busin..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
....nd had love affairs with her or not and Lutfunnessa was married forcibly. It was not a fact that her brother‑in‑law Abdul Malek and Jamsher Ali took back Lutfunnessa for which her husband filed a criminal case against them or there was litigation in between them and Shamser Munshi the father of ......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......suffer rigorous imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment for 5(five) years more with a direction to the Deputy Commissioner, Sherpur to realise fine from the convict persons and to pay 3/4th of the money to the heirs of the deceased and..Category: Criminal Law | Date: | Hits: 41
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......nciples relating to exclusion of jurisdiction of the courts by way of enactment and it was held as under: "It is settled law that the exclusion of jurisdiction of the civil Courts is not to be readily inferred but that such exclusion must either be explicitly expressed or clearly implied. It ..Category: Criminal Law | Date: | Hits: 50
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....-2005 and he preferred the appeal from jail. In such situation his appeal from jail should be admitted for hearing giving a chance to the accused appellant petitioner to defend his case. 4. In criminal case there is no question of condonation of delay as the period for avoiding apprehension i......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......ner was not mentioned. It has been alleged that "বাসের চালক দ্রুত পালাইয়া যায়" sheet was submitted against the accused petitioner on 23-111990 and on reading of the charge sheet, it is clear that the investigating officer did not take any step to app..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......d her mouth and took her beside their pond. Accused forcibly took her LTI on a paper. Accused Jamsed, Majid, Alek, and Akam came forward and committed rape upon her. Accused Jamsed and Majid bit her breast, she recognised the accused by moon light. After rape the victim became unconscious. On the fo..Category: Criminal Law | Date: | Hits: 82
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....d ultimately, the accused fled away from the house of informant in the morning of 5-1-1995. The accused has misappropriated the money paid by the informant and thereby he has committed the offence of criminal breach of trust and accordingly, the informant lodged first information report with Mohamma......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......fe Mrs. Tahmina Akhter requested the informant to give money for the business of importing powder milk but the informant did not agree to pay the money. Subsequently, the accused along with his wife created a cordial relationship with the family members of informant and addressed the informant as Kh..Category: Criminal Law | Date: | Hits: 40
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......e issued. The accused petitioner appeared and was enlarged on bail. The learned Judge on getting, the case record, on transfer, for trial, enlarged the accused petitioner on bail, on 8-112006. Thereafter, the accused petitioner obtained this Rule. 4. Mr. Abdul Barek Chowdhury, learned Adv..Category: Criminal Law | Date: | Hits: 50
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......dent. Criminal Appeal No. 1752 of 1997 with Jail Appeal No. 926 of 1996 Judgment SK Sinha J.- These appeals arise from a judgment of the Additional Sessions Judge, 2nd Court, Mymensingh in Session Case No. 139 of 1987 and therefore, these appeals are disposed of by this judgme......ir were killed. At around 1-00/1-30 AM the dacoits entered into her house. One dacoit who was masked, directed the other dacoits to fasten her husband. She recognised him by his voice as Ayub Ali. Thereafter two dacoits tried to take her husband out of the house by tying his hands, but he somehow un..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....e" and that the withdrawal was necessary "on the larger interest of the state and in order to avoid any unpleasant situation in the 'border area". In that case, a film actor was abducted by a dreaded criminal, who submitted demands to the state Government. Subsequently prayed for withdrawal on the a...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......und his complicity in the murder of Tofizuddin. The learned Advocate further submits that in the application for withdrawal from the prosecution, the learned Public Prosecutor has not assigned proper reasons required by law and that the learned Additional Sessions Judge has accorded permission witho..Category: Criminal Law | Date: | Hits: 43
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ost declaring the initiation and continuation of the proceedings in Patenga Police Station Case No.17 of 2007 dated 26-12-2007 under sections 26(2)/27(1) of the Anti-Corruption Commission Act, 2004 read with Rule 15(ঘ)(5)of the Emergency Power Rules, 2007 and section 5(2) of the Prevention of Co..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... bodies it cannot be said with certainty that dead bodies were those of victims Sanu Mondal, Shabuj Ali, Md. Ali Mannaf and Asgar Ali that there has been much bad blood between the parties because of criminal litigation and so out of that grudge these appellant and non-appealing accused have been fa...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......old of aforesaid 5 persons and kept them confined at the house of one Eklal Miah and assaulted them severely and snatched away money from them and disclosed that they would be done to death. 3. Thereafter at about 12/1 P.M. Giasuddin son of Ayenuddin, wife of Gobra and another 7/8 under-aged pers..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......uction by constructing houses and shops and the second party is trying to take forcible possession of the said property of the first party. In such circumstances there is a serious apprehension of breach of peace and a proceeding need be drawn. On the aforesaid application, the learned Upazila Mag..Category: Criminal Law | Date: | Hits: 32
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....pport of the Rule has contended that the learned Magistrate has acted in violation of the provision of section 339C (4) of the Code of Criminal Procedure by passing the impugned order abating the criminal Case and acquitting the accused though the section provides that further proceedings in res......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......ithout bail through S.P. fixing 31.7.85 for trial." 5. It appears from the certified copy of the order sheet that by his order dated 30.7.85 the learned Magistrate adjourned the case to 1.8.85. Thereafter on 10.8.85, the learned Magistrate by the impugned order acquitted the accused under Section..Category: Criminal Law | Date: | Hits: 26
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....life. The condemned prisoner Mizanul Islam alias Dablu herein after to be referred as Dablu also preferred jail appeal being Jail Appeal No. 108 of 1985. Both the condemned prisoners have preferred criminal appeal which has been numbered as 109 of 1985 against the order of conviction and sentence.......n ns he is the first man to recognize appellant Dablu at the time of occurrence under the flash of electric light in his room. He himself is the victim of incident and as such his evidence commands immense evidentiary value on the point of recognition of appellant Dablu. He stated in his evidence ......r that even if he was required to undergo 5 years imprisonment. Informant also told about this recognition to his father on that very night. Khondker Nurul Islam was taken to Chuadanga Hospital for treatment and from there he was taken to Jessore Sadar Hospital for medical treatment by Ambulance o..Category: Criminal Law | Date: | Hits: 61
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J M Mojibul Haque…………..Petitioner Vs. DG, Bangladesh Bureau of Anti-Corruption & ors……….Respondents Judgment August 9, 2001. Case Re..Category: Anti-Corruption Laws | Date: | Hits: 138
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......n this case, in short, is that, the Accounts Officer, Telephone (Revenue), Rangpur filed a petition of complaint on 20-7-1992 leading to complaint case TR/Court Case/ Special/Dinajpur 4388/ 92-93 for realisation of a sum of Taka 96,608/85 being the arrear telephone bill, on the allegation that thoug..Category: Criminal Law | Date: | Hits: 37
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......s General Distribution Company of Khatungonj was given credit facilities of Taka 12, 61, 00,000.00 from the above Branch of the Bank and Md Habib was the guarantor. The above firm imported Dano Full Cream Powder Milk with the loan granted by the Bank. On the basis of agreement dated 01-06-96, 29,200..Category: Criminal Law | Date: | Hits: 39
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