Search Options
Judgment Advanced Search
Displaying 201-220 of 2232 results.
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....d. Abscondence of an accused person in some circumstances may not be incriminating against him in respect of his guilt but long abscondence is an important circumstance against him and furnishes corroboration of prosecution evidence under the provision laid down in section 8 of the Evidenc......Hasi Chowdhury and Labu Mollik made their appearance there in order to protect the accused and they did not allow the other witnesses to go to the place of occurrence to rescue the deceased from the hand of the accused-persons. 5. However, the seriously injured Kabul Kha was taken to ......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....s been engrossed in section 2(uma) and definition of rape incorporated in section 375 of The Penal Code has been, also, made applicable to The Ain of 2000. 6. A bird's eye view eye on the law of corroboration in proof of rape charge can conveniently be given. 7. The word "Corroboration" is...... Ibrahim Khalil, Assistant Attorney-General and Shirin Afroz, Assistant Attorney-General - For-State-Respondent. Criminal Appeal No.2909 of 2004. Judgment AK Badrul Huq J.- Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a wom...... case, and, also, according to the particular circumstances of the offence charged. But to this extent Rules are clear which are catalogued hereunder: a. It is not necessary that there should be independent confirmation of every material circumstances in the sense that independent evidence in t...... connect the accused with it by confirming in some material particular the testimony of victim of sexual assault that the accused committed the crime. c. Corroboration must come from independent sources. d. Corroboration need not be direct evidence that the accused committed the crime. It ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
.... No.45. But there is no specific overt act attributed to him apart from the allegation by P.W.3 that all the accused persons, including Eunus, shot at Liakat indiscriminately. However, we do not find corroboration of the fact that Eunus Mollah along with others shot the victim indiscriminately. P.W.......sistant Attorney General appearing on behalf of the State have confirmed that condemned prisoner Ismail Mollah alias Galu died while in custody on 10.3.2006, which has also been confirmed by a letter from the Senior Jail Superintendent, Dhaka Central Jail, Dhaka under Memo No.12299 dated 28.8.2006. ......f the occurrence of the shooting, she saw the victim being chased by the accused persons, which was a prelude to the occurrence and supports the prosecution case. She then points out that P.W.5 is an independent local witness, who saw the occurrence from the beginning to the end and he was examined ...... the particulars of the accused were found to be correct. He submitted that the Police Regulation of Bangladesh (PRB) Regulation 263 gives a privilege to the Investigating Officer not to disclose the source of his information and it is sufficient that in this case the name and address of the accused..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......tment has committed another illegality in maintaining the demand notice by rejecting the appeal and affirming the appellate order by Annexure-H on the ground that the petitioner received compensation from the insurer for the lost goods, but the amount of compensation does not reflect the market pric......e petitioner company lodged two separates insurance claims totaling an amount of Tk. 1,67,09,937.00 with the Sadaran Bima Corporation. The loss, caused by the aforesaid fire, was surveyed by two independent surveyors at the instance of the insurance company and on proper inquiry the surveyors s....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......alling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,000 from the respondent No.4 and why the respondent No.4 should not be directed to pay the balance fine ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......al misconduct under section 5(1)(d) of the Prevention of Corruption Act of 1947. The payment of Taka six and half crore for construction of building on the said land was disproportionate to the known source of income of Hossain Md. Ershad, the respondent No.4 and he thereby also committed an offence..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......………………………Respondent
Judgment
May 9, 2006.
Result:
The Rule is
discharged.
Obligations
of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or implied
terms of which govern the ...... Banker and
Portfolio Manager) Regulations, 1996 whereas the aforesaid regulation does not
attract the petitioner as it was neither a Merchant Banker nor a Portfolio
Manager, rather it acted as an independent company to provide the required
financial advisory/consultancy/management services to......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......embers of Parliament are the representatives of the people of their respective constituencies, as such, are agents and trustees for and on their behalf. 7. The members of Parliament are debarred from holding any office of profit under the Government in any form so that they can be mentally unim...... the people of their locality. They debate the various measures proposed by the Government, exposing the defects therein. 27. The end of the two great world wars saw emergence of a number of new independent countries, many of those, if not all, are republic in character. 28. Bangladesh owe......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....arch and seizure without strictly complying with the aforesaid provisions of law must be held illegal and that the police personnel conducting the search and seizure are interested witnesses and corroboration of their evidence by impartial witnesses is necessary. 19. In Musa Mia Vs. The St......l-For the State. Jail Appeal No.189 of 2005. Judgment S.K. Sinha J.-Convict Rabiya Khatun preferred this appeal under section 420 of the Code of Criminal Procedure, briefly, the Code, from the judgment and order of conviction dated 15.1.2005 of the Metropolitan Additional S......g search and the purposes is to ensure that the testimony given in Court with regard to the result of a search should not depend upon the police officer alone, but also upon the evidence of independent witnesses of the locality and all possibility of false implication in the case of s......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......the image continues forever and its property as the Debuttor property remains totally unaffected. ………(13) The plaintiff’s suit was not barred, the same not being brought within ninety days from the order of the government and treating the property as abandoned property under section 92 of......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ...... the accused persons. Accused Afsar, Chandu, Motaleb, Motleb, Khaleque and Mannan entering the main hut took away cash money amounting Taka 12,100/-, three shirts of the deceased and a silver chain from the neck of the wife of the informant. After departure of the accused persons hearing hue and ...... judgment and order. He submits that the prosecution failed to prove the charge against the appellants beyond all reasonable doubt adducing cogent and convincing evidence. No disinterested and independent witness was examined in support of the prosecution case. The appellants as co-village......d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......e but in spite of objections of the writ-petitioner, BTRC by memo dated 20-4-2004 (Annexure-A to the writ petition) in exercise of power under section 90 of the BT Act deleted "co-exclusivity clause" from the Licence Agreement permitting the writ petitioner to implement the project in terms of the L...... BTTB". It may be mentioned here that BTTB has already been operating as such in the said area. 12. Meanwhile, the Bangladesh Telecommunication Act, 2001 (Act No. XVIII of 2001) establishing an independent Commission for the purpose of development and efficient regulation of Telecommunicatio...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... Rule was opposed on behalf of the respondent No.3, Secretary, Ministry of Land, by swearing an affidavit in opposition on 2.8.2003 although no such respondent is impleaded in this writ petition, but from the averments made in the body of the affidavit-in-opposition, it appears that in fact it was s...... "67…………Local Government, as a concept and as an institution, was already known to have possessed certain common characteristics, namely, local elections, procedure for public accountability, independent and substantial sources of income, clear areas for independent action and certainty of p......ment, as a concept and as an institution, was already known to have possessed certain common characteristics, namely, local elections, procedure for public accountability, independent and substantial sources of income, clear areas for independent action and certainty of powers and duties and the con..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......b without the consent of his wife, deceased Anowara with intent to cause her miscarriage got a piece of root of plant placed in her vagina by absconding convict Ful Banu resulting in profuse bleeding from her private parts and miscarriage. Then on 13‑8‑1998 he got his wife admitted into Terakhad......iscarriage has been well established. At his instance miscarriage was done. 30. But from the evidence of P.W.5 we find that the deceased wife was a consenting party. P.W.5 is a disinterested and independent witness. She said that the deceased told her that she was not ready to carry the child a......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....ahajahan Ali, reported in 38 DLR 140 in support of his submission. He further contends that the defendant examined himself, his father and his uncle in support of his case and there is no independent corroboration. 9. Perused the judgments of both the Courts below, the evidence and other materi......ther in the house of the defendant happily for a few months. Thereafter at the instance of his parents the defendant started giving pressure upon her for various thing as dowry and for bringing those from her parents and on her failure she was driven out from the house of the defendant under the inf......ltana Vs. Shahajahan Ali, reported in 38 DLR 140 in support of his submission. He further contends that the defendant examined himself, his father and his uncle in support of his case and there is no independent corroboration. 9. Perused the judgments of both the Courts below, the evidence and ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......omplaint case being No.375C of 1992 before the Court of learned Magistrate, Nawabgonj, under Dowry Prohibition Act and during the pendency of the case, the petitioner without getting prior permission from the complainant or Chairman of concerned Union Parishad married one Mussammat Tahera Khatun, da......the complainant. Thus, they are partisan witnesses and there also remains enmity between the petitioner and prosecution witnesses. Moreover, the testimony of such witnesses is not corroborated by any independent and reliable witnesses. Where the prosecution witness stands in a state of hostility wit......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ...... the period of the licence up to December, 2004. None of the conditions contained in the licence did empower the Commission to cancel such licence at its sweet wish or whims and exempt the Commission from following the procedure laid down in section 46 of the Act and without notice or hearing. ......on system and the NOC cannot be treated as a substitute of the licence. The Ministry of Information has not yet granted any licence to the JTV. 16. It is further stated that the Commission is an independent statutory body and is not bound to grant allocation of frequency and licence until and u......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....dence cannot always be an incriminating circumstance to lead to inference of guilt of accused person. Of course, abscondence of accused in the fact and circumstances of a case, sometimes, may furnish corroboration of prosecution evidence but it is established principle of Administration of Criminal ......her nine (9) indicted persons had been absolved of charge mounted against them. 10. HR Khan presented a Protest petition (Narajee petition) for calling to account the persons who stood liberated from the case. In Protest petition HR Khan, also, raised accusing fingers towards his own daughter S......rial documents is given and his evidence might be taken into consideration in view of circumstances of the case. B. Circumstances coupled with statement of accused Belal. Exhibit 3 if considered independently, it could be said that it was none but the accused Mahbub killed Nilufar and Mahbub pl......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......M stating that he was a captain of DGFI and asked the informant to place the records of the case before him and thereafter he went away seeing the records. In the meantime, the informant came to know from reliable source that there was no such captain in DGFI. The accused-petitioner again came to th......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ...... he was a captain of DGFI and asked the informant to place the records of the case before him and thereafter he went away seeing the records. In the meantime, the informant came to know from reliable source that there was no such captain in DGFI. The accused-petitioner again came to the house of the..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......n J. - This rule was issued calling upon the respondent Nos.1 Bangladesh and (2) Bangladesh Election Commission to show cause as to why they should not be directed to secure to the voters particulars from the candidates for the election to the Parliament (House of the nation) in the form of inf......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......lification B.Whether he is accused in any criminal case at present. C.Whether there was any past record of criminal case and the result. d. Profession/Occupation e. Source or sources of Income. f. Whether he was parliament member earlier and the role he played individua..Category: Election Law | Date: 24 May, 2005 | Hits: 11
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
.... Sessions Judge, 2nd Court, Kushtia misread the evidence of the witnesses and came to a wrong finding of acquittal. 36. The learned Additional Sessions Judge, 2nd Court, opined that there was no corroboration of the testimony of the eye-witnesses with other witnesses. In this respect the learne......he accused. Here in this case since the defence asserted that while the informant attempted to assault his wife, then the victim went to save her and at that time the informant pushed the victim down from verandah to courtyard whereby he was injured. As per the provision of this section, the defence......refore, not correct to reject the prosecution version only on the ground that all witnesses to the occurrence have not been examined, nor are it proper to reject the case for want of corroboration by independent witnesses if the case is made out otherwise 39. From the circumstances and evidence......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
962684078462874685298550381787333228669284786189368028903389118922902889419002