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Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....ual are applicable for the offences committed by the public servant and if any private individual commits any forgery the Court of law will initiate proceeding but in the instant case we find no such criminal case of forgery has been filed. So we cannot accept the above argument of Mr. Munir. 24.......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......) 12. ..

Category: Anti-Corruption Laws | Date: | Hits: 232

Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)

....icated in the case out of ancient grudge and enmity. The defence further contended that the Neem Tree in question was sold to them by the informant and the police seized the same in connection with a criminal case and the Neem Tree in question was given in the jimha of accused Md. Yasinuddin. The co...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......evidence, examined by the prosecution and to assess its evidentiary value. It is true, the Court has the right to believe or disbelieve a particular witness or even a number of witnesses on assigning reasons but it has no right to ignore the evidence on record and to resort to surmises and conjectur..

Category: Criminal Law | Date: | Hits: 30

Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)

.... prosecution case is doubtful, the benefit of doubt must be given to the accused and he should be acquitted of the offence charged. The relevant portion of Safdar Ali's case runs as follows: "In a criminal case, it is the duty of the Court to review the entire evidence that has been produced by t......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......n the evening of 6‑3‑2000 by calling her from her flat through her friend PW 4 Sabeha Yesmin Moli. Subsequently, victim girl was forced to sign some papers in the chamber of Advocate Hasan and thereafter she was taken to the house of the sister of accused appellant at Madbubagh where she stayed ..

Category: Criminal Law | Date: | Hits: 43

Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)

....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......ed and common question of law is involved and we are therefore, pronouncing this single order, which shall govern both the writ petitions. 4. The petitioners are accused in two separate cases as already mentioned above. After investigation charge-sheets being submitted, the cases were sent for tr..

Category: Criminal Law | Date: | Hits: 50

Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)

....gment may be necessary and desirable". 14. In the case of Kashem vs. State, 40 DLR (AD) 294 their Lordships observed that "with the change of time and circumstances attending the administration of criminal justice, time has come and experience also demand that the High Court Division (Revisional ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......s bleeding injuries, and also outraged the modesty of a woman. Hearing hue and cry the witnesses came to the paddy land and the complainant also rushed to the place of occurrence and rescued them. Thereafter, the injured persons were taken to the Nilphamari Hospital and were given treatment. The com..

Category: Criminal Law | Date: | Hits: 34

Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)

....amine any witness as a Court witness at any stage of the case but this discretion has to be exercised with caution and circumspection, consistent with the provisions of the Code and the principles of criminal justice. It is only for the purpose of just decision of a case that the Court can have reso...... merit. Communicate the order at once to the Nari‑o­-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......2 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution case, in short, is that 2‑4‑20..

Category: Criminal Law | Date: | Hits: 37

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ......G, Department of Environ­ment, Government of Bangladesh and others.........Respondents Judgment July 15, 2003. Cases referred to- Chairman, Zilla Chora Chalan Damon Samanayo Committee, Mymensingh and another vs. Md. Kabirul Islam Beg and 5 others, 49 DLR (AD) 131; Government of Banglade......ner gave environmental clearance certificate to the petitioner vide office memo No. Paribesh (পরিবেশ) /4480/847 dated 9‑6‑2002 to install the Muri Factory in question in the proposed area for a period of 1(one) year with the condition that the petitioner may apply for renewal of the ..

Category: Environmental Law | Date: | Hits: 226

Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)

.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......son of late Minat Ali of village Shoelpur, Police­ Station and District‑ Brahmanbaria. He further disclosed that the aforesaid Indian Phensidyl was brought for Mahadev Babu of Panch Dona Bazar. Thereafter, a seizure list was made in presence of the witnesses and the man was taken in to custody. P..

Category: Criminal Law | Date: | Hits: 43

Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)

....Criminal Revision No.63 of 1999. (From judgment and order dated 27-10-98 passed by the learned Sessions Judge, Comilla in Criminal Appeal No. 27 of 1997). Judgment Md. Abdul Quddus J. - This criminal revision under section 439 Cr.P.C. at the instance of convict-appellant-petitioner is direc......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......Rani stated in her deposition-in-chief that her husband (accused) demanded Taka 20,000.00 as dowry from her after marriage at noon on 30th Sravan. On her refusal and inability she was driven away. Thereafter she has been in her father’s’ house. She stated that her husband married 2nd wife. In cr..

Category: Family Law | Date: | Hits: 175

Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)

....usiness session the amount may be enhanced towards liquidation of the outstanding money. Mr. Abdul Matin Khasru, learned Advocate, submits that Annexure 1 and 2 of the counter‑affidavit nullify any criminal intent on the part of the petitioner because of the fact that from the total demand of Taka......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ...... for the petitioner, submits that under the Negotiable Instrument Act no court can take cognizance against any offence under the said Act except upon a complaint in writing made by the complainant whereas in the instant case cognizance was taken upon a police report which is beyond the scope of the ..

Category: Civil Law | Date: | Hits: 83

Borhan Uddin (Md), Advocate Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1999, 28 CLC (HCD)

....val of the petitioner is illegal and without any lawful authority. The Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 81.......val of the petitioner is illegal and without any lawful authority. The Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 81.......en) witnesses. The petitioner had to file a petition before the trial Court about the brutal attack upon the informant SM Zillur Rahman and P.W.5 GM Anwar in the Court on 14-5-98. Due to persistent threat by the accused persons on bail to the P.Ws not to come nor to depose in the case, the petitione..

Category: Employment/Service Law | Date: | Hits: 108

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ...... Baria Morh under Rajpara PS of the District Rajshahi in order to seize the adulterated mustard oil, kept for the purpose of sale with an intention to have higher profit by way of deceptive means. Thereafter, informant instantly seized 20 litres of mustard oil, kept in black dirty container and 2 li..

Category: Criminal Law | Date: | Hits: 35

Faruq (Md) Vs. State, 2006, 35 CLC (HCD)

....Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No. 3722 of 2004. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellant Md. Faruq has been preferred against the ju......pt the arms and ammunition in the place of recovery the natural presumption would be that appellant had no exclusive possession and control of the arms and ammunition in question conscientiously with mens rea. In that view of the matter, it is unsafe to hold that the accused appellant Md. Faruk has ......he Arms Act against the accused-appellant and on trial the case record was transmitted to the Metropolitan Senior Tribunal, Dhaka which was recorded as Metropolitan Special Case No. 77 of 2002 and thereafter, the case was transferred to Metropolitan Special Tribunal No. 11, Dhaka for holding trial a..

Category: Criminal Law | Date: | Hits: 27

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....and the learned Judge found the accused to be a minor. 23. The question of jurisdiction For our part we would consider the whole scenario on a different dimension. If one looks at the scheme of criminal process and trial, it is seen that, first of all, the jurisdictional aspect with regard to ......f age was raised at the earliest stage and the learned Judge found the accused to be a minor. 23. The question of jurisdiction For our part we would consider the whole scenario on a different dimension. If one looks at the scheme of criminal process and trial, it is seen that, first of all, th......001, upon taking evidence and after hearing submissions with regard to the age of the accused, the learned Sessions Judge came to a finding that the accused was at that time aged 15 years 21 days. Thereafter, he sent the case for trial to the Additional Sessions Judge, 1st Court, Jhenaidah, cum Nari..

Category: Criminal Law | Date: | Hits: 167

Abul Kalam Vs. State, 2005, 34 CLC (HCD)

....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......tion, is that of innocence and false implication. It was divulged in defence that at the relevant time the accused was in his own village home at village Bajechaluhati, having heard the occurrence he reached his parent-in-law's house and found the dead body of his wife Joynur Khatun, there was no ne..

Category: Criminal Law | Date: | Hits: 40

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30........ On their alarm locals namely, Monu Mia, Suruj Mia, Iman Ali (PW 4), Abdul Hye Sujan rushed to the scene and accused departed from there. Then all the injured were taken to the Sherpur hospital for treatment. Subsequently, injured Abdul Barek was shifted to the Mohammad Ali Hospital, Bogra wherein ..

Category: Criminal Law | Date: | Hits: 44

Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)

....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......eyard at the south end and accused Sohag, Abul, Shahin, Zafar and Zakir dragged Khadiza into the northern side ditch. The accused disarrayed the victims and consecutively committed rape upon them. Thereafter victim Nasima and Khodeza came to their house. On the following day he instituted the case. ..

Category: Criminal Law | Date: | Hits: 33

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....nvicted and sentenced the accused appellant as stated above. 7. Being aggrieved by the impugned Judgment and order of conviction and sentence dated 29-3-98 the convict appellant preferred this criminal appeal. 8. Mr. AKM Shamsul Karim the learned Advocate, appearing for the accused app......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ...... cry, neighbours namely, Tarun, Bulbul, Kartic Master, Babar Ali, Haradhan Ghosh, Barun Paul and others came to the house of the informant and saw the burn injuries on the person of victim Beauty. Thereafter, the informant took the victim to Noapara Health Complex and thereafter as per advice of the..

Category: Criminal Law | Date: | Hits: 45

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... 9-30 AM his daughter Shamroz Akhter alias Eti, student of second year of Rajshahi University College, aged about 18 years left home for college and did not return home till the evening. 3. Thereafter, on 20-1-1995 the said Md. Jane Alam, father of the victim Shamroz Akhter alias Eti, lodged ..

Category: Criminal Law | Date: | Hits: 40

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

....rks of 1st installment and on 2-4-1991 also withdrew 5.782 metric tons of rice for 2nd instalment of the said scheme. But the accused Eklimur Reza Khan has not done the works of second instalment and criminally misappropriated 5.782 metric tons of rice which amounts to a valuation of Taka 56,894.88 ......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ...... return back to Bangladesh on or before 3-6-2005. It is asserted again by the accused petitioner that he came to know about this case in the middle of June 2005, after returning from Saudi Arabia. Thereafter, he surrendered in the Court of Senior Special Judge, Sylhet on 4-7-2005 and he was taken to..

Category: Criminal Law | Date: | Hits: 31