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Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ...... brief, are that a notice under section 26(1) under Memo No.দুদক/৭০-২০০৭(অনুঃ-২০/৬৯৪ dated 18-2-20078 was issued upon Ahmed Akbar Sobhan (Shah Alam) as principal accused directing him to submit his statement of wealth, which he owns and possesses under his own n..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....e of the accused person, yet that is exactly what had been done in the instant case. He left no stone unmoved to assert that it is a fundamental legal dogma that charge cannot be framed against a non-absconding accused, in her absence, which theme has survived the passage of time. He went on to cont......ddique and Mohammad Selim Jahangir. 11. With his well acclaimed eloquence, Mr. Rafiq-ul-Huq submitted that it is a mandatory requirement of law that no charge can be framed in the absence of the accused person, yet that is exactly what had been done in the instant case. He left no stone unmoved..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ourt ex p Smith (1989 2 Admin Law Report) the various English Courts , inclusive of the House of Lords judicially reviewed Magistrate and Crown Courts’ decision to ignore the plea raised by the accused persons that the criminal Courts concerned were obliged to examine the validity of the by-la..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......Court ex p Smith (1989 2 Admin Law Report) the various English Courts, inclusive of the House of Lords judicially reviewed Magistrate and Crown Courts’ decision to ignore the plea raised by the accused persons that the criminal courts concerned were obliged to examine the validity of the by-la..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......I of 1947. In due course the investigation of the case was handed over to the And Corruption Commission, who after due investigation submitted charge sheet dated 23.9.2007. The allegation is that the accused persons were involved in the sale of 18 abandoned houses after evaluating the market price t..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......ailway Police Station Case No.03 dated 22.1.2010 under (table) 7 ka of section 19(1) of the Madak Drobya Niyantran Ain, 1990. The GRO told him that none appeared to pray for their bail or to take the accused into their custody. He then tried to find out about the Probation Officer and Non-Government..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....e from prosecution. Further it appears that the Tribunal below consented withdrawal of the case from prosecution vide the impugned order dated 13.11.2003 when the accused-opposite party No.1 remained absconding since the very inception of the case It is well settled that a fugitive cannot get any sh...... inter alia, that the opposite party No.1, Bahadur Khan is a man of bad character having wife and children. He proposed to marry the informant-petitioner but she refused his proposal. Thereafter, the accused-opposite-party No.1 became furious and threatened the informant-petitioner with dire consequ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......9. 2. The facts of the case relevant for disposal of this appeal, in brief, are that the appellant Nirmal Chandra Shaha lodged a First Information Report with Ramgonj Police Station alleging that accused Prabir Deb Nath, Sanjoy Mazumder, Bishwanath Deb Nath and Manik Lal Deb Nath kidnapped his d..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......State. Criminal Miscellaneous Case No.6767 of 2003. Judgment ATM Fazle Kabir J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure filed by accused-petitioner Md. Saiful Islam and 3 others calling upon the opposite parties to show cause 5 ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......sary, Assistant Attorney-General - For the State-Opposite Party No.1. Criminal Miscellaneous Case No. 8571 of 2008. Judgment Md. Abdus Samad J.- This Rule, at the instance of the accused-petitioner, was issued calling upon the opposite parties to show cause as to why the proceed..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......be mandatory in cases where those exercising the duty were obliged to fulfill such essential and imperative requirements of law, such requirements of law if not fulfilled would cause injustice to the accused…………………….(21-23) Case Referred t..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
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. ......se to whom it was reported, the Courts are not left with any objective test for gauging the truth of the story of the prosecutrix. In a case of this kind, it is very necessary that before finding the accused persons guilty of rape, the Court should be satisfied that the story of rape by the victim, ..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. ...... action must be taken to ensure that the definition of ‘child’ is uniformly fixed in all statutes as anyone below the age of 18 years [Art.1 CRC]; the date relevant for considering the age of the accused is the date of commission of the offence, which is fundamental to the concept of protection ..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. ......f of his firm Angel Computers Limited with the complainant company for selling computer accessories imported by the complainant company; that a bilateral agreement was executed on 12-5-05 between the accused petitioner and complainant-company in presence of the witnesses wherein it was incorporated ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... by the learned Metropolitan Magistrate, Dhaka in G.R. No.14 of 2006 Corresponding to Paltan Police Station Case No.14(1)2006 under sections 420/406/34 of the Penal Code framing charge against the accused petitioners should not be set aside and the proceedings of the case should not be quashed a..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. .......- This appeal is directed against the judgment and order dated 26-7-2007 passed by the special Court No.3, Dhaka in special Case No.1 of 2007 arising out of Tejgaon PS Case No.19(3)07 convicting the accused appellant and sentencing him to suffer imprisonment for 3 years under section 26(2) of the A..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. ......sult: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on th..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. ......efore the Court of Chief Metropolitan Magistrate, Khulna Contending, inter alia, that the complainant was a business man maintaining business for long time with reputation that on the other hand, the accused petitioner used to purchase goods (construction materials) from him by cash or by cheque; ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......ss of the complaint made by the victim. The following measures must be included in the complaint mechanism: (a) It must be ensured that the identity of the complainant and also that of the accused will not be disclosed until the allegation is proved; (b) Security of complainant wil..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. ......on 6 (1) Under section 6(1) of Ain, 2000, the offence must be a complete one, not an attempt. . . The offence under section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of the perpetrator or till that stage comes,..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
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