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Parvaj Vs. State, 2012, 41 CLC (HCD)
....Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Parvaj……………………Petitioner Vs. The State…………………………Opposite Party Judgment May 3, 2012. Result: The Rule ......, Majibor, Khokon and Parvaj (herein petitioner). P.W.2 further stated that he saw all of them on the roof of adjacent house No.14. 7. P.W.3 Ashraf Ali, a local witness stated that on the date and time of occurrence he was working in a workshop situated at 14, Jadunath Basak Lane. He heard the so......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....eal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ntified and proved the said dao produced before the Court and also proved his signature on the seizure list. 12. P.W.12 Shudeb Chandra Sarker, Magistrate of first class stated that at the relevant time he was Upazila Magistrate at Gournadi, Barisal. He recorded the statements of the appellant and......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....s……………………Opposite Parties Judgment April 2, 2012. Result: The Rule is made absolute. Cases Referred to- 6 BLD 315; 25 DLR 331; 22 DLR 502; Md. Monzur Alam Vs. The State and another, 11 BLT (AD) 156; Shahidullah Patwary Vs. State, 35 DLR (AD) 281. Lawyers Involve......i.e. more than fourteen years back. It is not reported to this Court whether the civil cases are still pending and what happened to the complaint case after granting stay order from this Court at the time of issuance of the Rule. 11. There is no hard and fast rule that a criminal case should be s......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......nt the dead body to Gaibandha Sadar Hospital Morgue, where the doctor conducted post mortem. The doctor had preserved her viscera and sent to Mohakhali, Dhaka for chemical examination, and in the meantime withheld the post mortem report. During inquiry it was revealed that a quarrel took place betwe......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....t High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Md. Alamgir Bhuiyan……………………Petitioner Vs. The State………………………Opposite Party Judgment March 18, 2012 Result: The Rule i......f the present case, and in view of the case cited above, we are not inclined to interfere with impugned proceedings at this stage. Accordingly the Rule is discharged. The order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohamma......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....aw will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... seen any arms, though admitted his signature on the seizure list and exhibited the same. There is no explanation in his evidence as to why he put his signature on the seizure list without seeing any recovery. Therefore, the evidence of P.W.11 is not trustworthy. It may happen that he (P.W.11) depos......d the arrested appellant and two others along with a German origin revolver to Daulatpur Police Station, Kushtia on 11.6.2001 and lodged an ejahar against them bringing allegation of keeping the said arms illegally with the appellant. The police recorded the case as Daulatpur Police Station Case No...Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
.... will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......tence. 8. We have considered the submission of learned Deputy Attorney General and meticulously examined the evidence on record. The informant Md. Saidur Rahman (P.W.1) stated that at the relevant time he was posted to Katakhali Police Camp under Motihar Police Station, Rajshahi. On 24.6.2001 i.e......that one Md. Saidur Rahman, a Sub-Inspector of Police posted to Katakhali Police Camp under Matihar Police Station, Rajshahi lodged an ejahar on 24.6.2001 against the appellant bringing allegation of recovery of 56 bottles of Indian origin phensedyl which were allegedly smuggled from India into Bang......per. Without any such explanation, their evidence to the extent that they did not see any recovery is not believable. 12. This is our common experience that in almost all the cases of smuggling or arms recovery, local seizure list witnesses do not support prosecution case. It may happen that they..Category: Criminal Law | Date: | Hits: 113
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....y set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... accepting the police report in his favour. In such a position, the Tribunal has got no authority to detain his air-ticket, pass ports and other articles, which were seized from his possession at the time of securing his arrest. 4. We have gone through the records including charge sheet, order of......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 132
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....5A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......4 at about 11 a.m. He had given his daughter Jotsna Begum in marriage with the appellant Md. Saiful Islam alias Maznu three and half years back. Earlier the appellant had refused his invitation three times. He went there again on the date of occurrence and invited the appellant with his wife to his ......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....Court High Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Sahajahan and others…………………Petitioners Vs. The State…………………Opposite party Judgment June 19, 2012. Result: The Rule is disc......Maholla Primary School Polling Centre. On the way their vehicle had gone out of order near to Pagla Primary School Polling Centre, for which they stopped there to repair the vehicle. At that point of time, they heard a thunderous sound of bomb explosion inside the centre and saw the voters to run aw......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ssions. 7. Mrs. Syeda Rabia Begum, learned Assistant Attorney General appearing for the State-opposite party, submits that the first information report clearly discloses offence of holding illegal arms, explosion of bombs, creating terror in a polling centre and obstructing public servants from d..Category: Criminal Law | Date: | Hits: 124
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....me Court High Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Noab Mia and another………………Petitioners Vs. The State………………Opposite Party Judgment June 6, 2012. Result: The Rule is discharg......rs guilty and accordingly convicted and sentenced them by judgment and order dated 30.12.1991 as aforesaid. Against the said judgment and order of conviction and sentence, the petitioners preferred a time-barred appeal being Criminal Appeal No.71 of 1992 before the Sessions Judge, Brahmanbaria. The ......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....eme Court High Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Taju Mia and others………………Petitioners Vs. The State and another…………………Opposite parties Judgment June 3, 2012. Result: The......as fixed for further evidence. Meanwhile the petitioners filed an application for stopping further proceedings in the case and releasing them under section 339C (4) of the Code on the ground that the time-limit of total 270 days for conclusion of trial of the case had already expired. The Additional......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....nts Judgment October 24, 1989. Result: The Rule is made absolute. Cases Referred to- Bikash Ranjan Das Vs. The Chairman, Second Labour Court, 29 DLR (SC) 280; Mohd. Abdun Noor Vs. Platinum Jute Mills Limited and another, Bangladesh Supreme Court Reports 1978 at page 467; AdminisÂt...... (1) No order for discharge or dismissal of a worker shall be made unless— (a) the allegations against him are recorded in writing; (b) he is given a copy thereof and not less than three days time to explain; (c) he is given a personal hearing if such a prayer is made; and (d) the empl......missal of the respondent No.2 is modiÂfied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......missal of the respondent No.2 is modiÂfied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
............Respondents Judgment November 14, 1989. Result: This Rule is made absolute. Lawyers Involved: M.I. Farooqui with M.A. Wahhab Miah, M. Saleemullah and Md. Mohsin Rashid, Advocates— For the Petitioners. S.A. Hasan, Assistant Attorney-General—For Respondent Nos.1 and 2....... notice was issued to the petitioner asking him to show cause as to why the lease should not be terminated for violating the terms of the lease deed by not starting construction within the stipulated time. The petitioner had shown cause stating that the full possession of the lease-hold plot as desc......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..Category: Property Law | Date: | Hits: 115
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... J Helal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Education, and others………………………………………..Respondents Judgment April 28,......lbaria in Mymensingh as a Lecturer in the department of Chemistry and he served as such there up to 31‑10‑1992. Then, he joined the Fulbaria College as Lecturer on 1-11-1992. He got salary in the time scale of Taka 3200‑140x16‑5440 with effect from 1‑6‑1994, which was then changed to tha...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ..Category: Employment/Service Law | Date: | Hits: 147
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....ney Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......s Finlay, Dhaka being the shipping agent and also to issue a Pay Order for Taka 68,692 in favour of Rupali Insurance Company Ltd, Dhaka wherein it was stated that the payment would be adjusted at the time of negotiation of export bills/documents; that these defendants rightly issued Memo No.EXP/ JUA...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370....... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370...Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. Lawyers Involved: Shirin Sharmin Chowdhury with Tania Amir and Manzil Morshed, Advocates—For the Petitioners (In Criminal Miscellaneous Case Nos. 6948 of 1998 & 4042 of 1998). ...... given to the participants have no bearing nor the same may be deemed by any stretch of imagination as consideration for lying for Lever Brothers products which may be deemed as consideration for the time given by the consumers for their participation in the promotional and advertisement schemes. Th......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
.... 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......faii Begum, the daughter of the informant Merajuddin, after divorce from her husband used to live with her father. She had a daughter by previous husband namely, Sheuly who was 10/12 years old at the time of occurrence. While living with her father (informant) Shefali developed love and intimacy wit......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Abul Kashem & anothÂer Vs. State, 1990, 19 CLC (HCD)
.... No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......appellants were not mentioned in the FIR, there is no eye-witness who saw the occurrence, none saw the accused murdering the victim Khalil and even at the place of occurrence near about the alÂleged time of occurrence. The case is purely one of circumstantial evidence if the two confessional stateÂ......nter to the prosecuÂtion case in many respects and confessional statement of accused Abul Kashem being exculpatory in nature is no confession and cannot be relied upon. He further submitted that for recovery of the van from the posÂsession of the accused they may be convicted under sections 379/41......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....ision (Criminal Revisional Jurisdiction) Present: Fazle Hossain MoÂhammed Habibur RahÂman J Qazi Shafiuddin J Mahabubur Rahman and others................Petitioners Vs. The State……………………………………………………Opposite Party Judgment Januar...... 167(5) of the Code of Criminal Procedure, that the Chief Metropolitan Magistrate had no jurisdiction either to revive the case repeatedÂly on 9.5.88, 20.8.88 and lastly on 20.11.88 or to extend the time for investigation beyond the period of 90 days, that after stopping investigation restoraÂtion......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ..Category: Procedural Law | Date: | Hits: 117
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