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State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)

....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......Islam Dulu (P.W.6) (brother-in-law of the deceased) and professor Farida Yasmin (P.w.2) (sister of the deceased) and asked them to pay the rest amount of dowry without delay. They sometimes used to threaten them (informant and his relations) and told them that if the informant would not pay the rest..

Category: Criminal Law | Date: | Hits: 43

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....om the writ petitioner in order to relinquish their liability to pay the due lease money and by paying the lease money up to 1994 the respondent No.1 escaped the eviction order passed against it in a criminal proceeding. 20. He further submits that the promise made by the respondent No.1 towa......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......business upon obtaining a permission from the Chittagong Port Authority, respondent No.4 on lease hold basis situated beside the Karnaphuii River where it established its tank terminal business. The area of lease hold land is 1.53 acres which the petitioner is holding on yearly renewable lease since..

Category: Property Law | Date: | Hits: 33

Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)

....f the Code of Criminal Procedure for quashment of the proceedings. A Division Bench of the High Court Division after hearing dis­charged the rule. In this backdrop, the accused petitioner filed this criminal peti­tion for leave to appeal. 6. Mr. Md. Khurshid Alam Khan, the learned Counsel f......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......omplainant amounting to Tk.13, 81,700/-. The cheques were deposited with the United Commercial Bank for encashment but the said cheques were dishonoured due to insufficient fund on 18th May, 2006. Thereafter on 23rd May, 2006 a legal notice was issued on behalf of the complainant upon the peti­tion..

Category: Criminal Law | Date: | Hits: 34

Mithu Vs. State, 2009, 38 CLC (AD)

.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 446. ...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......e arms. Mizanur Rahman was taken to the hospital by Razaul Karim Raju (P.W.4), Md. Hanif (P.W. 3) and Kala (P.W. 5) accompanied deceased Mizanur Rahman in the car. On the way to Hospital when the car reached at the eastern side of Rampura Main Road accused Sujan. Mithu (Petitioner), Sumon, Shadin al..

Category: Criminal Law | Date: | Hits: 46

Azam Reza Vs. State, 2010, 39 CLC (AD)

....ons as above we find nothing to interfere with the judgment of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......ons as above we find nothing to interfere with the judgment of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......peal No.322 of 2005 and Jail Appeal No. 40 of 2005 sentencing the petitioner to life imprisonment. 3. Criminal Petition for Leave to Appeal No.17of 2009 has been filed by the accused petitioner whereas Criminal Petition for Leave to Appeal No.38 of 2009 has been filed by the State on the ground o..

Category: Criminal Law | Date: | Hits: 100

Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)

.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......urricane and also when the accused No.1 focused torch towards her husband utter­ing that they came to kill him and at that the accused No. 2 caught the hand and chin of her husband. On hearing the scream of her husband she woke up and saw that the accused No.2 pressed a dagger on his throat. At thi..

Category: Criminal Law | Date: | Hits: 45

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

....short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, interpolation, wrongful gain and criminal misconduct. The learned Senior Special Judge, Sunamganj on receipt of the petition of compl......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......No. 13 of 2001 and passed an order writing to the Government for sanction as out of 10 accused 6 were public servants fixing 25.11.2001 for further order. On 25.11.2001 the District Anti-Corruption Bureau, Sunamganj filed an application praying for time for submitting the order of sanction and the c..

Category: Criminal Law | Date: | Hits: 46

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....t court to be of unsound mind; (b) is an undischarged insolvent; (c) acquires the citizenship of, or affirms or acknowledges allegiance to, a foreign state; (d) has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than tw......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ...... on June 12, 1996 from the national constituency No. 67, Sirajganj—7 and national constituency No. 56, Rajshahi-5 respectively. They were nominated as candidates by the Bangladesh National Party, hereafter called the B.N.P. and both of them were members of the Parliamentary Party of the B.N.P. Ign..

Category: Constitutional Law | Date: | Hits: 171

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

....tively arising out of Druta Bichar Tribunal Case No. 35 of 2004 corresponding Barisal Kotwali Thana Case No. 68 date 28.11.2003 and G.R. No. 682 of 200 rejecting the death reference and allowing; the criminal appeals and acquitting the accused respondents from the charge levelled against them. ......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......guage and then, the aforesaid Sohel and Chunnu and the brother of the informant getting down in the courtyard requested the accused person to keep silent at the present period of Eidul Fitar; that thereafter, all the accused persons in a planned way in order to murder armed with the ramdao, leza, la..

Category: Others | Date: | Hits: 66

Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)

....al Code which were read over to them and the accused persons pleaded not guilty of the charge and prayed to be tried. 6. As against the judgment of conviction and sentence the petitioner filed criminal appeal before the High Court Division which after hearing dismissed the appeal and upheld t......volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......al Sessions Judge, Nobabgonj for holding trial. 5. The trial Court framed charges against the accused persons under Sections 147/148/149/323/324/302/447/379/114/34 of the Penal Code which were read over to them and the accused persons pleaded not guilty of the charge and prayed to be tried. ..

Category: Others | Date: | Hits: 66

State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)

....nce on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ......nce on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ......er visited the place of occurrence, prepared the index and sketch map there­of, seized alamats and sent the dead body of Aslam to morgue for postmortem examination after preparing inquest report. Thereafter he recorded the state­ments of the witnesses under Section 161 of the Code of Criminal Proc..

Category: Criminal Law | Date: | Hits: 294

Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)

....e  that the inherent power under Section 561A of Code of Criminal Procedure does not provide the Court with any additional power beyond what it possess under the law inasmuch as in the law under our criminal justice sys­tem no inherent power is available to admit any accused or convict to bail whe......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......al Case No.10 of 2008, arising out of Gulshan Police Station Case No.77(9)07 dated 27.09.2007 convicting the respondent No.1 under Sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read with section 109 of the Penal Code to suffer rigorous imprisonment for 13 years and to pay a fi..

Category: Others | Date: | Hits: 106

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......Metropolitan Magistrate, Dhaka in connection with Ramna P.S. Case No. 53(12)206 on 22.02.2007 and the Court of Chief Metropolitan Magistrate, Dhaka vide order dated 22.02.2007 sent him to custody. Thereafter in connection with Ramna P.S. Case No. 53 (12)2006, the petitioner-respondent was shown arre..

Category: Others | Date: | Hits: 98

State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....ion is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......ion is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......f the word anticipation.' Under certain circum­stances, a person may be apprehended by the police but in the instant case, a case under section 143/323/324/325 /326/ 307/ 302 of the Penal code has already been started on 4-11-2009 before the Police Station of Pakundia, District Kishoreganj. On the ..

Category: Others | Date: | Hits: 61

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......Heba-bil-ewaz executed on 31.12.1948, to his grand son Hasanuddin. 7. In support of his contention the certified copy of the said deed was produced in the Trial Court but neither explained the rea­son for not producing the same in his writ­ten statement nor took any step calling for the vol..

Category: Property Law | Date: | Hits: 19

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....In preventing the respondent No.1 from leaving Bangladesh the petitioner acted in violation of the Bangladesh Passport Order, 1973 (here­inafter referred to as the said Order). Moreover, there is no criminal proceeding pending against the respondent No.1 Further, the actions of the petitioner are v......ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......nting him from leaving Bangladesh for the Kingdom of Saudi Arabia and the United Kingdom. The respondent No.1 has been prevented from leaving Bangladesh without any jus­tification or explanation. No reason was offered by the petitioner or any Immigration Official either at the time of refusal or an..

Category: Others | Date: | Hits: 115

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......tapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deed dated 13.1.1974 allegedly given by the predecessor of the plaintiffs in favour of the defendant Nos.1-6 is forged, collusive, illegal and created by false personification and as such the same is ineffective and not binding upon the plainti..

Category: Property Law | Date: | Hits: 51

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....olice, even in that case also, the police officer, before arresting the person named by the 'source', should try to verify the information by perusal of the diary kept in the police station about the criminals to ascertain whether there is any record of any past criminal activities against the perso......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......itizen and to limit the power of the police, the word ‘concerned' is to be substituted by any other appropriate word or words. It is true that the other words used in the first condition such as ‘reasonable’ 'credible' have been interpreted in many cases both by the Indian Courts and Banglades..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......to Dhaka Bar Library and looked for the informant at the first floor of Dhaka Bar Library and not finding him there the victim went to nearby APP. Mr Masud, by whom he sent hazira to the Court and thereafter on his way to the CMM Court when the victim, with his companion, came before the Biriani sho..

Category: Others | Date: | Hits: 93

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

.... circumstances in the interest of justice. This power is controlled by the principles and precedents as are its express statutory powers. The provisions of the Code provide that the administration of criminal justice should be allowed to proceed in the usual manner without interruption. If the High ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......nformation report with the Ramna Police Station on 3rd October, 2007 against him for alleged commission of offences punishable under sections 26(2) and 27(1) of the Durnity Daman Commission Ain, 2004 read with Rule 15Gha (5) of the Emergency Powers Rules, 2007. The Commission investigated into the m..

Category: Anti-Corruption Laws | Date: | Hits: 195