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State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....firmation of sentence of death awarded to 3 accused. 6. Being aggrieved by and dissatisfied with the judgment and order of conviction and sentence condemned prisoners Rustom and Rahman preferred criminal appeal as well as jail appeals as stated earlier. 7. Mr. MA Mannan Mohan, the learned ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ...... of two strangers in the back of his house and on his query they fired gun shot on him. Hearing the alarm raised by Yunus Ali, Atiar Rahman closed the door of the house but without any late 15-20 miscreants breaking the door with hammer had entered into the house. They rebuked the insiders with the ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......opportunity to comment thereon. (2) Even legitimate expectation is a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. (3) The legitimate..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....ctober 25, 2011. Result: The death reference is accepted. Proving of motive, not an essential element to find the accused guilty It is now almost an obsolete dogma that in a criminal case proving of motive is an essential element to find the accused guilty where there is ev......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......run Kumar Saha is the younger brother of informant Arun Kumar Saha. Tarun Kumar Saha used to purchase and sell the foreign articles collecting from the person who used to come at Dohar and Nobabgonj area from abroad. Accused Matiur Rahman @ Mati used to do the same type of business like the deceased..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....g the enquiry report filed by the Office-in-charge. Thus the learned Judge rejected the complaint case by order dated 2.11.2009, challenging which the complainant moved in this Court with the instant criminal appeal. 6. Mr. Mizanur Rahman, learned Advocate for the appellant appeared before us on ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......hat his daughter Ibana Akhter Sumi was a minor girl and a student of class-IX at Karimganj Darul Ulum Alim Madrasah within the police station of Raipura. The respondents were unruly young men of the area and used to tease her very often on the way of going to and coming back from the Madrasah. The c..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....should be decided at trial. The pleas of the appellants are nothing but the defence plea. Be that as it may the proposition of law is now well settled that on the basis of defence plea or materials a criminal proceedings should not be stifled before trial when there is a prima facie case for going f......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......ial when there is a prima facie case for going for trial. Moreover, the interruption of the course of justice will set up a wrong precedent by which the course of justice instead of being advanced readily been stifled inasmuch as the grounds advanced before us are not the correct exposition of la..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......d-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: One Mr. AKM Zayed Hossain Khan, Anti-Corruption Officer, Anti-Corruption Bureau, Bank Branch, Bangladesh, lodged First Information Report on 9-3-1993, before the officer-in-ch..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......South) alleging, inter alia, that the property shown in the schedule originally belonged to Joya Rani Guha, and upon her death the property devolved on her descendants, namely Mundasi Roy Guha and thereafter Raton Chandra Roy. This Raton Chandra Roy transferred the said property in favour of the com..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......ments Act and whether the proceedings under section 561A of the Code of Criminal Procedure is liable to be quashed. Now let us see the provision of section 138 of the Negotiable Instruments act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....Damon Case. 5. The learned Judge of the Tribunal heard the said application and rejected the same by his order dated 9.11.2008. Against the said order, the accused-appellants preferred the present criminal appeal in this Court and subsequently obtained an ad-interim order staying all further proc......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......ouse, where her father and brother got her admitted in the local Health Complex. After recovery, she had informed her father and other witnesses in details about the torture and assault on her and thereafter filed the complaint. The appellants surrendered before the Tribunal, obtained bail and filed..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....nced his judgment and order of conviction and sentence on 21.8.2003 as stated above. Against the said judgment and order of conviction and sentence, the appellant moved in this Court with the instant criminal appeal and subsequently obtained bail from this Court. 5. Mr. S. M. Shahjahan, learned ...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......School had called her to library and asked to bring a glass of water. Accordingly she brought a glass of water and handed it over to him. He held the glass by one hand and held her by another, and thereafter kept the glass on table, embraced her and kissed her on the cheeks taking her on his lap. He..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......the same to him by registered sale deed dated 08.06.1972 and also handed over possession thereof in favour of him. But the petitioner had to shift from the said property to another place for security reason as the liberation war was going on and that taking that opportunity some miscreants..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ab Miah J while agreeing with my learned brother that these appeals should be dismissed, I would like to express my opinion separately on the question of the High Court Division's power to quash a criminal proceeding in exercise of powers under Article 102 of the Constitution. We have come acr......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......y my learned brother, Surendra Kumar Sinha, J and my learned brother, Md. Abdul Wahhab Miah, J I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. SK Sinha J. - I have read the draft copy of the judgment prepared by my learned brother Md. Abdul Wahhab Miah J while ag..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....36. 76. It further appears to me that the instant case is absolutely a case of no evidence but the Court below without any legal evidence convicted the accused in moral view. Legal evidence in a criminal trial is the evidence of the incriminating facts and circumstances of involvement of the ac......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ...... the accused alone had committed the offence, the chair of events must be such that the possibility of innocence of accused is wholly excluded and such facts are incapable of explanation of any other reasonable hype them other them the guilt of the accused. In the case of Rahman Vs. state of up A/R ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....etitioner supports the Rule. He submits that the petitioner was the Manager of IFIC Bank, Tultikar branch, Co-accused Farid uddin was the cashier of the same bank. They allegedly committed offence of criminal breach of trust punishable under section 409 of the Penal Code, which is specified in the s...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ...... Court as cognizance of the offences against those accused persons was taken by the Senior Special Judge without sanction of the Government or Durniti Daman Commission and (2) that a money suit has already been filed by the bank against those accused persons for realization of the money allegedly de..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ble partition of the joint property and in the said meeting, the vendor disclosed that he had transferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ...... they would have definitely mentioned cheque other than ‘crossed cheque’. The moment a cheque is dishonoured, either a bearer cheque or crossed cheque “account payee”, for any reason whatsoever including the dissimilarity of the signature of the drawer on the cheque, the offe..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....ed to quash a proceeding or even a conviction on conclusion of a trial if the court concerned got no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any criminal offence, or the conviction has been based on ‘no evidence’ or otherwise to secu...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......gang of dacoits would go at Rajarhat on Dhaka Mawa road for committing dacoity. The informant along with some Constables, on the basis of aforesaid information, went to the place of occurrence. After reaching the place of occurrence, the informant and others started searching out the different vehic..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....entertained after dismissal of a previous complaint and discharge of the accused by a Magistrate on acceptance of the police report on the same allegation. The Appellate Division after hearing of the criminal appeal dismissed the same and thereby affirmed the decision of the High Court Division on t......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......pondent No.1 along with his accomplices abducted the complainant, while she was going to Madrasha to learn Arabic. Respondent No.1 took her to his house and violated her chastity against her will. Thereafter, she was taken from one place to another and ultimately she was recovered from the maternal ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....s crossexamination, he came to know about the occurrence dated 6.4.2006 at 05.30 pm but he did not inform the occurrence to others. He further admitted the fact that the accused appellant had filed a criminal case against him before lodging the IR by the informant. The P.W.13 further admitted the fa......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......he fact to the religious teacher of the school who instructed her not to disclose the matter to any body and also assured her that he would take initiative just to have a talk with the headmaster. Thereafter the accused appellant abstained from making any proposal for 2-3 weeks. Again he started pro..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......arishad by dishonestly preparing through a cheque being No. Jha 0443259 dated 2.8.87 and obtaining signatures of the concerned authorities thereon committed the offence under Section 420/409/109 read with Section 5(2) of the Act II of 1947. The District Anti-corruption Officer Kushtia after inv..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
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