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Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......Nari-o-Shishu Case No.16 of 1998 convicting the appellants under section 6(3) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to suffer imprisonment for life. 2. The prosecution case in short is that informant Kanchoni Bala in order to recover her loan money from a ..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......ectronic media, including television and radio. 28. Laws are required to be formulated for victim and witness protection in order to avoid harassment of the victim children and to ensure effective prosecution of offenders, keeping in mind the need to maintain confidentiality, privacy and dignity...Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......section 561A of the Code of Criminal Procedure by the Hon'ble High Court Division and that other submissions advanced by the petitioner does not merit consideration as the same do not bar launching a prosecution under section 138 of the NI Act. In support of his contention, the learned Advocate for ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
.... Banani building. He took us to Exhibit 16 series and pointed out that the 1st floor and 2nd floor of the building was constructed in the year 1981 to 1982 and the 3rd floor, 4th floor and 5th floor (partial) was constructed in the year 1991-92. Mr. Karim submitted that PW 18 who gave evidence as to...... III. Bank Investments: (i) Amanotpatra (FDRs) worth Taka 90 lakh approximately. The appellant in his Statement of Assets gave sources of income in justification of his assets so that the prosecution can examine as to the veracity of his source of income and cross match his assets with h..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......d reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is fo..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......heuqe is returned unpaid; and (iii) that the drawer should have failed to pay the amount within 30 days of the receipt of notice. It is only when all the above three conditions are satisfied that a prosecution can be launched for the offence under section 138. 9. Now let us see the provision of..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....le to live securely under the Rule of Law; (b) To promote, within the proper limits of the judicial function, the observance and the attainment of human rights; and (c) To administer the law impartially among persons and between persons and the State”. On 18.8.2008, we passed an interi......thorities of all educational institutions to maintain an effective mechanism to prevent or deter the commission of offences of sexual abuse and harassment, and to provide effective measures for prosecution of the offences of sexual harassment resorting to all available legal and possible ins..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......or. And total control could not be seen unless that stage has arrived, that is, the victim was being removed from the care and custody of his guardian. To find a person guilty under this section, the prosecution must prove that the perpetrator illegally traffics any child or sells any child and with..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ...... cheque is returned unpaid; and (iii) that the drawer should have failed to pay the amount within 30 days of the receipt of notice. It is only when all the above three conditions are satisfied that a prosecution can be launched for the offence under section 138. 9. Now let us see the provision of..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......e is returned unpaid; and (iii) that the drawer should have failed to pay the amount within 30 days of the receipt of notice. It is only when all the above three conditions are satisfied that a prosecution can be launched for the offence under section 138. 8. Now let us see the provision ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....espondent and his wife constructed a building in half of the land but the petitioners did not make any construction in their half, which clearly violated the provisions. Defending the impugned letter partially cancelling the lease, various grounds have been shown which inter-alia, are non constructi......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....cision and 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: 19 BLT (AD) (2011) 239. ......s not entertainable as in the case of Golam Sarwar Haru Vs. The State and another reported in 13 MLR (AD) 103 it has been held that quashment of proceedings, at the stage when trial already began and prosecution witnesses are being examined, is not permissible. 4. We are of the view that the High..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......ding case ended up in conviction and sentence." 24. Negotiable Instrument Act is a special law. Section 138 of the Negotiable Instrument Act provided certain pre-condition for bringing prosecution against the drawer of the unpaid cheque. Under section 138 (c) of the Act, 30 days' ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......e Instruments Act, 1881 (Act No. XXVI of 1881); section 138 Negotiable Instruments Act is a special law. Section 138 of the Negotiable Instruments Act provided certain pre-condition for bringing prosecution against the drawer of the unpaid cheque. Under section 138(c) of the Act, 30 days' time ..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....e learned Advocates for the parties before us are agreed in their submission that the view taken by the Appellate Tribunal as to the writ jurisdiction of the High Court Division was based upon a partial view of the law (as declared in Mujibur Rahman's case) and ignoring the other decisions ......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)
....hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. .......126 of 2008 under sections 7/9/(3)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter called the Ain) rejecting the application for bail of appellant Subrata Majumder @ Liton. 2. The prosecution case, is that the accused persons including the appellant on the night of occurrence abd..Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......ts Vs. State……………………… Respondent Judgment November 23, 2008. Result: The appeal is allowed. In a criminal case, the entire burden lies upon the prosecution to prove the guilt of the accused. The accused has no burden to prove his innocence. ....Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......Dhaka for trial where charge was so framed which was duly read over and explained to the accused-petitioner who pleaded not guilty and claimed to be tried. 4. However, during the course of trial prosecution examined as many as 17 witnesses out of 25 cited witnesses who were duly cross-examined ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)
.... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ......d 7-6-2008, under section 25B(b) of the Special Powers Act, 1974, rejecting the prayer for bail of the accused-appellant now pending before the Special Tribunal No. 3, Satkhira for trial. 2. The prosecution case, in short, is that on 7- 6-2008 at 14-05 hours the informant, AS1 Md. Hasan Habib, ..Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
.... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ......lice Station Case No. 3 dated 2-3-2006 under sections 406/420 of the Penal Code pending in the Court of Magistrate, 1st Class and Cognizance Court No. 1, Munshiganj should not be quashed. 2. The prosecution case, in short, is that one Musammat Hena Begum, wife of late Jalaluddin Bcpari as infor..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
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