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Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....t Case, Mr. Ajmalul Hossain, Senior Advocate, submitted that the Truth and Accountability Commission under the provisions of the law as prevalent at that time, exonerated the petitioners from further criminal liability, as such, cannot be subject to any criminal liability in future but the High Cour......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......the High Court Division, passed in Writ Petition No.6488 of 2008. 6. The High Court Division by its judgment and Order dated 13-11-2008, held inter alia:— a) Under Article 142 (1 A), the preamble of the Constitution, amongst others, can only be amended by a referendum. b) The judici..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
.... that persons charged with the responsible duty of granting sanction, which is a duty of deciding whether or not the credit and reputation of another citizen should be put in peril by means of a criminal prosecution, should bring to the discharge of their duty a sense of responsibility and the ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ...... the opposite party to show cause as to why the entire proceeding of Special Case No.89 of 2002 arose out Motijheel Police Station Case No.54 dated 17-06-2002 under section 5(2) of the Act II of 1947 read with sections 420/206/242 and 109 of the Penal Code, now pending in the Court of Divisional Spe..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....s that the allegation made in the F.I.R. is false, fabricated and the petitioner was falsely implicated in this case at the instance of his enemies who set fire at his house upon which he initiated a criminal case against them and some of the F.I.R. named witnesses persons are accused of the said of......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......fering in hajot for a considerable period obtained bail and he faced the trial but on the day of pronouncement of judgment he remained absent as a result the judgment was passed in his absence and thereafter he was arrested, as a result he could not file appeal in due time and as such he preferred t..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....ite-party no. 2, fails to make any dent in the above submissions of Mr. Md. Khurshid Alam Khan; but he submits that in the facts and circumstances of the case, the accused-petitioner has incurred the criminal liability of cheating the complainant-opposite- party no. 2. We have heard Mr. Md. Khurs...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to thrice the amount of the cheque, or with both. 8. From a bare reading of Section 138(1) of the Act, it is manifestly clear that the cheque drawn by a person on an..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
.... that persons charged with the responsible duty of granting sanction, which is a duty of deciding whether or not the credit and reputation of another citizen should be put in peril by means of a criminal prosecution, should bring to the discharge of their duty a sense of responsibility and the ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......ce of the accused petitioner. Upon these allegations Paltan Police Station Case No.89 dated 30-9-2001 has been registered against the accused petitioner under section 161 of the Penal Code, 1861 read section 5(2) of the Prevention of Corruption Act, 1947. 3. Thereafter, one Md. Talebur Rah..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....Shishu Nirjatan Daman Tribunal has forgotten the established principle of law in respect of granting bail and rejecting the application for bail. She has violated the principle of dispensation of criminal justice. In series of decision of the apex Court it is held that imposing of condition in g......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......hat her sister Ms. Lovely Akter Binti was married to accused appellant herein on 10-11-2006 and at the time of marriage they paid Taka 1,10,000 as dowry and golden ornaments and other materials. Thereafter, the appellant demanded Taka 8 lakh as dowry out of which they paid Taka 2,00,000 for the sa..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....dgment and order on 29.8.2002 convicting and sentencing him as aforesaid, while acquitted all other co-accused as the prosecution case was not proved against them. The appellant preferred the instant criminal appeal against the said judgment and order of conviction and sentence, and subsequently obt......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ndment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to s..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....ated above, and acquitted three co-accused as the case was not proved against them. Against the said judgment and order of conviction and sentence, the appellants moved in this Court with the instant criminal appeal and subsequently obtained bail from this Court. 6. This appeal has been appeari......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ...... with dao, stick, cut rifle, iron rod and knife had appeared in front of her house and called with the name of her husband at about 1/1.30 a.m. on 24.4.1995. At one stage they entered into the house breaking the door and kidnapped her daughter Rina Begum. As she and her husband had obstructed them, ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......r's approval for setting up filling station in pursuance of concerned Ministry's letter under memo dated 14th July, 2008. In the impugned Letter the Bangladesh Petroleum Corporation has assigned no reason other than the reference of the concerned Ministry's letter. The writ-petitioner annexed th..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... admitted there. 3. After investigation police submitted a charge sheet on 17.10.2002 under section 11 (Ka) and (Kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against the petitioner. 4. Thereafter the case was transmitted to the Court of Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chuadan..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....a non for an offence under section 5(1) of the Prevention of Corruption Act, 1947, when a decision is taken collectively or even individually by following rules of procedure or the rules of business, criminal intention behind such decision should not normally be inferred. If any loss is incurred or ......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ...... the Special Judge, Special Court No.2, Dhaka in Special Case No.16 of 2007 convicting the appellant and another Md. Atiq Ullah Khan Masud under section 5(2) of the Prevention of Corruption Act, 1947 read with section 109 of the Penal Code and sentencing them to suffer rigorous imprisonment for a pe..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......m her school informant daughter Sarmin Sultana was kidnapped by the accused persons and accordingly a case under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain,2000 was started against them. Thereafter the case was duly been investigated by the police, who submitted a final report against the ..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460....... 3. The police after investigation into the case submitted charge sheet against the present convict-appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 4. The case being ready for trial, the case record was send to the Nari-o-Shishu Nirjatan Daman Tribunal, Chandpur and..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Chunnu Vs. State, 2011, 40 CLC (HCD)
....oted below:— "It is well established that common intention pre-supposes prior concert and it requires a prearranged plan because before a man can be vicariously convicted for the criminal act of another, the act must have been done in furtherance of the common intention of ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......riginal course of nature to cause death making them punishable under sections 302/34 of the Penal Code……………… (30) The confessional statement can not be treated as a valid piece of evidence either to convict its maker or to corroborate any other evidence..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ...... the said arms and bullets in his possession, hence the case. 4. After investigation police submitted a charge sheet on 14.6.2004 against the petitioner under section 19A of the Arms Act. 5. Thereafter the case was transmitted to the Court of Metropolitan Special Tribunal No.10, Dhaka for tria..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
....n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......usand) and accordingly the father of the informant came to their shop and 11.00 A.M. Kazol and Shazol came to the said shop and call him and start towards Dhaka with Taka 5,000.00 (Five thousand); thereafter he did not return home up to 11.02.2003 for which they were waiting for his father with anxi..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103