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Displaying 201-220 of 3048 results.
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ged to be paid from that account by an agreement made with that Bank; but in the instant case there is no such person as drawee who has been denied to encash the amount mentioned in the cheque. So no criminal proceeding under section 138 of the Negotiable Instruments Act can be allowed to continue......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......e. In arriving at the true meaning of any particular phrase or words employed in the statute it must not be viewed isolated from the context, it must be viewed in its whole context, the title, the preamble, and all other related parts of the statute………………………………(13) Case..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....dhury by the impugned registered kabala dated 10.11.1975 and got possession. That one Ismail Hossain and others tried to catch fish from the suit pond forcibly for which these defendants filed a criminal case against them and they were convicted in that criminal case. That one Shamsuddin instit......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......ed deed of exchange and also delivered possession of the said land to the plaintiff. The plaintiff since then had been possessing the suit land on payment of rent etc. regularly. That the defendants created obstacle in the peaceful possession of the plaintiff in the suit land and disclosed that thei..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....scharged the Rule by the impugned judgment and order dated 31.10.2011. 6. Mr. Khan Saifur Rahman, the learned Counsel appearing on behalf of the petitioner submits that the power to transfer any criminal case is reposed in the High Court Division under section 526 of the Code of Criminal Proced......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......বুনালে স্থানান্তর করা হইবে”। 10. It is apparent that a case which falls within the purview of section 6, including cases of murder, rape, firearms, explosive substances, drugs and hoarding, may be transferred to the Druta Bichar Tribunal. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......mation Report (FIR) lodged by an Assistant Director, Durniti Daman Commission, District Coordinate Office, Barisal, Kotwali Police Station Case No.1 dated 5-9-2008 under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947, was started against the accused-re..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....bligation cast upon him to stop the investigation. 27. But the legislative intent was ensuring speedy investigation and thereby avoiding the harassment and social and psychological pressure of a criminal proceeding faced by an individual. It was not a provision for mere calculation of the time ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ...... further proceeding of the case was also stayed. 3. The facts relevant for disposal of the Rule are briefly stated below. An Inspector named Abu Sayed Khan of the District Anti-Corruption Bureau, Munshiganj lodged a First Information Report (shortly FIR) on 30-4-1989 with the Sirajdikhan P..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......ured him to take necessary step in the matter. Momen member told the P.W. that the petitioner would not be corrected and he further informed that the petitioner would marry his cousin, Rina Begum. Thereafter, the P.W. went back to his house and went to Kuliarchar to work as day labourer. Nur Mohamma..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......ognizance of the offence under section 409 of the Penal Code. Subsequently, on 15-1-2004 the learned Special Judge framed charge against the convict-appellant under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Since the convict-appellant was no..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....ntion without the help of any evidence, oral or circumstantial. It can only be proved by number of circumstances for which a reasonable inference can be drawn. There is no doubt that mens rea or criminal intention is mental act of the accused persons which is required to be unearthed either by ......shonest intention without the help of any evidence, oral or circumstantial. It can only be proved by number of circumstances for which a reasonable inference can be drawn. There is no doubt that mens rea or criminal intention is mental act of the accused persons which is required to be unearthe......ow previous decision which has been overruled by the Appellate Division because it may give wrong result. So Court will not adhere to a rule of principle established by previous decisions which has already been found to be an erroneous one. The rule of stare decisis is not so imperative or inflexibl..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....vocates have appeared before us and made submissions separately on behalf of the accused-petitioner Begum Khaleda Zia. Gist of submissions of the learned Advocate are as follows: 5. The impugned criminal case stands on mere suspicion, presumption and inference of accusation against the acc......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ...... 1991-96, a current account bearing No.5416 was opened in the Sonali Bank, Ramna branch, in the name and style “প্রধানমত্রীর এতিম তহবিল”. Thereafter, on 9-6-91, a donation of $12,55,000 US dollar equivalent to Taka 4,44,81,216 was depos..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....ve to Appeal No.162 of 2010. (From the judgment and order dated 28-2-2010 passed by the High Court Division in Criminal Revision No.1182 of 2009. Judgment Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 28-2-2010 pas...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......en she was preparing her lesson and offered a bad proposal to her; as her daughter declined, the respondent No.1 then tried to outrage her modesty forcibly; at one stage of the scuffle her daughter screamed and then her wife Anjali Rani Mitra rushed to the room and the respondent No.1 fled away push..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......that she had deep affair with the accused-appellant. On 23-2-2002 at 9-00 P.M. in their rented residence at 172, Surma the accused-appellant had sexual intercourse with her promising to marry her. Thereafter when she asked him to marry her as promised, he took her to his rented house at Akhalia, whe..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ...... of "rape" as defined in section 375 of the Penal Code. 5. Considering these facts and circumstances the accused-petitioner has granted ad-interim bail at the time of issuance of the Rule and thereafter he has not misused the privilege of bail in any way, so without entering into the merit of t..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
.... to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice; (c) Where there is a legal bar against institution or continuance of a criminal case against an accused person; (d) In a case where the allegations in the First Informa......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......of occurrence and caught hold of the accused Md. Bazlur Rahman. At one stage, the accused Md. Bazlur Rahman confessed that he had, arms and ammunitions in his possession and under his control. Thereafter, the accused Md. Bazlur Rahman brought out a country made shutter gun and three live cartrid..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....nal Procedure Code says offence means any act or omission made punishable by any law for the time being in force. It could not be shown before the court that the action of the petitioner liable for a criminal offence. It is beyond comprehension how such wide allegation could be made when a bare......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......d not be quashed. 2. Brief facts necessary for the disposal of this rule are as follows; On 02-4-2008 Md. Habibur Rahman lodged a first information report with Kotowali Police Station which reads as follows; বরাবর ভারপ্রাপ্ত কর্ম..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....ent is a heinous one in which the victim Anita Rani (P.W. 2) lost her one eye and sustained other burn injuries on her neck and face. Whatever might be the brutality of the incident, according to our criminal jurisprudence which is being followed since the end of nineteenth century by the superi......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......ol and Shamoly Roy had suffered burned injuries by corrosive substance while they were sleeping on the verandah of their house. Victim Anita was shifted to the local hospital and then to Dhaka for treatment. Shrimoti Chaloky (P.W.1) lodged and FIR over the incident narrating the above facts. Pr..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......bout the said fact of taking of cognizance the petitioners voluntarily surrendered before the High Court Division and obtained anticipatory bail and they are now on bail. 12. The case being ready for trial the case record was sent to the learned Metropolitan Sessions Judge, Dhaka and the c..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......hirty) years. 2. The prosecution case, in brief, is that on 19-8-2001 Detective Branch of Police (DB Police), upon a secret information arrested the convict appellant Nurul Islam in the Nilkhet Area of Dhaka City and interrogated him. After interrogation convict-appellant Nurul Islam disclosed ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......ted charge-sheet under sections 11(ক) 30 of the Ain 2000 accusing the accused. 7. Eventually the accused were called upon to answer the charge under sections 11(ক) 30 of the Ain 2000 which was read over to them who pleaded not guilty and claimed to be tried. 8. In course of trial the prose..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......se No.1 of 2007 against the appellant alleging, inter alia, that notice bearing memo No. Dudak/70-2007 (Ain-2) 666 dated 18-2-2007 under rule 15 Gha (1)/15 Gha (2) of the Emergency. Power Rules, 2007 read with sections 18 and 26 of the Anti-Corruption Commission Act, 2004 directing the appellant to ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
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