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Rakib and others Vs. State, 2010, 39 CLC (AD)
....rming unlawful assembly against the petitioners. 6. It appears that the accused person are influential and affluent persons of the locality; that Shahabuddin was also man of affluence and both the parties belonging of the same family. Therefore, in a situation like this the High Court Divisio......g back to their home Selina Akhter lodged the FIR on the same night disclosing the occurrence as above with Uttara Police Station whereupon Uttara PS. Case No.59 (7)2002 was registered. 3. After investigation Police submitted charge sheet No.54 dated 23.02.2003 under Section 326/307/302/114/34 ..Category: Criminal Law | Date: | Hits: 38
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......and the surgical operation of the victim was conducted thereon. Thereafter, the victim was again referred to Dhaka Medical College Hospital wherein the doctor in duty declared him dead. 3. After investigation police submitted charge sheet on 13.05.2007 against five accused persons and recommend..Category: Criminal Law | Date: | Hits: 42
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....e judgment and order of the High Court Division has seriously affected the petitioner's regulatory authority and lawful obligation. 6. It appears that the there was statutory obligation on the part of the Magistrate to discharge the accused person if he accepts the final report. While dischar......Nikah Registrar in place of the complainant on 30.10.2005 and he performed the function of the Nikah Registrar up to 11.12.2005 and thus, misappropriated TK. 50,000.00 of the complainant. 3. After investigation the investigating officer submitted final report on finding no prima facic case and th..Category: Criminal Law | Date: | Hits: 44
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....on made out by the prosecution was non-payment of bank dues by the two co-accused, who opened the L/C but in spite of series of correspondence exchanged between the bank and the importer, made only part payment and assured of further payment but did not pay off total bank dues; that in the FIR and......er did not pay the Bank demand money and as such, the accused petitioners occurred an offence punishable under Section 420/468/471/109 of the Penal Code. 3. On the basis of F.I.R. police took up investigation, visited the place of occurrence, prepared sketch map with separate index thereof, e..Category: Criminal Law | Date: | Hits: 55
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
.... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ...... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ..Category: Civil Law | Date: | Hits: 106
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......d accordingly, the victim was admitted to the Dhaka Medical Hospital and a delay was caused to file ejahar due to treatment of the victim and hence the case. 3. After lodging FIR on 10.09.2003 the investigation officer of the case made an application before the cognizance Court to add Section 302..Category: Criminal Law | Date: | Hits: 49
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....f the Ain of 2009. The High Court Division observed that the learned Advocate for the petitioner had not pressed the Rule in respect of vires of the Ain of 2009 and that he had only pressed the other part of the Rule challenging the legality of the Metro Special Case No.126 of 2010 under the Ain of ...... subsequently registered as ACC G.R. Case No.83 of 2009 in the Court of Metropolitan Magistrate, Dhaka. 4. The Assistant Director, Special Enquiry and Investigation, ACC, Dhaka after completion of investigation submitted charge sheet No.48 dated 05.07.2010 under Sections 2 (ট) (আ) and (ই) a..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... is a strong circumstantial evidence against accused Saiful Islam as stated hereinabove. Moreover, accused Fazilutennessa made a confessional statement which is not only true but also voluntary. So, apart from the evidence of PW7 there is also other evidence on record to bring home the charge agains......on and that the place of occurrence was about 7 kilometers off from the police station. He denied the defence suggestion that at the time of occurrence, accused Saiful Islam was in Dhaka and that his investigation was perfunctory. 30. The defence examined 2 DWs. 31. DW1 Md. Sadek is the Chowki..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....ul Mannan to check up the daily cause list carefully and to arrange for taking time as and when required. Most unfortunately, the clerk missed the list and consequently the judgment was pronounced ex parte. On 21st day of March, 2002 when the defendant-opposite parties disclosed that they got the ju......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....lared to have been made and issued without lawful authority and of no legal effect. 2. It is stated in the petition that the petitioner is the Managing Partner of Messrs Dhaka Scientific Works, a partnership firm (the firm, in short). The said firm entered into an agreement on 13‑11‑1964 wit......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....appellant has been using their marks and marketing their products in Bangladesh (formerly East Pakistan) since 5‑2‑1962 and that the mark of the appellant is not only a word mark but a label of a particular design with the word "Express" inscribed on it and the dominant feature of the mark is no......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..Category: Intellectual Property Law | Date: | Hits: 226
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....e occurrence. 7. The learned Advocate appearing for the condemned prisoner submits that there is no legal evidence on record to substantiate the charge. He further submits that there is complete departure of the prosecution case from that of the first information report version and in that view o......Pursuant to such first information report, the local police registered a case, visited the place of occurrence, held inquest on the dead body of the victim, sent the dead body to the morgue and after investigation submitted charge-sheet against the accused person under section 10(1) of the said Ain...Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....t Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995. Findings and decision: 10. In the face of the arguments advanced by the learned Advocates of the contending parties it is now necessary for us to scrutinise the material evidence on record to come to a proper......Khatun narrated the occurrence to all those who came to the scene of occurrence clearly stating to them how she was taken to the 'tong’ and raped here by accused Masud. 3. The police after usual investigation submitted charge-sheet against accused-appellant Md. Masud Mia under section 6(1) of t..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....e. Criminal Miscellaneous Case No. 2259 of 2004. Judgment Md. Awlad Ali J.- Upon an application under section 561A of the Code of Criminal Procedure Rule was issued calling upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pend......ase No. 6(9)2003 under section 143/148/447/302/34 Penal Code stating that he is in jail custody since 21‑3‑2004 and also made a prayer for sending the accused-petitioner on remand for the sake of investigation and the petitioner prayed for bail. After hearing application for bail it was kept in ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....6 of 2002. Judgment SK Sinha J.- These two Rules arise out of the same proceedings and therefore, these Rules are disposed of by this judgment. These Rules were issued calling upon the opposite parties to show cause why the detenus Liakat Sikder and Md. Rafiqul Islam Kotwal should not be broug...... shall have seisin of what is going on to apprise him the nature of the charge against the arrestee. If the reasonableness in the complaint or suspicion and credibility of information is not found on investigation within the period of twenty-four hours of arrest, the arrested person must be released..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....arun under sections 7/9(1) of the said Ain to which accused pleaded not guilty and claimed to be tried. Accordingly, trial commenced. A hail petition was moved on 14‑10‑2002 and after hearing the parties and considering materials on record learned Judge of the Nari‑o‑Shishu Tribunal Adalat r......arby sugarcane field by pressing her mouth and raped her against her will. Upon such information above PS case was started under section 9(1) of the Nari‑o-Shishu Nirjatan Daman Ain, 2000 and after investigation charge‑sheet was submitted against accused Harun as sole accused under sections 7/9(..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
.... Noor Alam, thereafter, had chosen to be an approver and stood in witness box as PW6. He generated detailed disclosure of offence committed by condemned prisoners and convict appellant and accredited parts performed by condemned prisoners and convict‑appellants in murdering Fatik and in removing t......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....nt. Farida Khan with Masuda Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crime against a woman/girl in general and rape in particular is on spurt. Rape sometimes followed by death has become a regular episode. This is a dis....... Accused Shibu Pada, Dr. Anukul, and her mother were present. She proved the decision (Exhibit 8). 17. PW 11 Sub‑Inspector of Police Md Afsaruddin on receipt of First Information Report took up investigation, examined witnesses under section 161 of The Code of Criminal Procedure. He could not ..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....ue Surat Ali Master accused Aziz Talukder grabbed him by hands when accused Alamgir Hossain gave Mobfer Talukder a dagger blow on his chest while accused Abu Talukder gave him laza blows on different parts of the body. At about this time informant’s daughter Minara tried to intervene when accused ...... Begum were later treated by doctors in Bhandaria Hospital for their injuries. It was alleged that accused persons killed victim Mobfer out of grudge and previous enmity. 3. The police after usual investigation submitted charge-sheet against 9 persons, including the accused appellant, under secti..Category: Criminal Law | Date: | Hits: 52
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....n and clauses (Ka), (Kha) and (Ga). 6. Clause “Ka” to sub‑section 3 provides that no person accused of any offence punishable under this Ain will be released on bail unless the informant party is given the opportunity of being heard. Clauses (Kha‑Ga) enjoin that the court is to be sat......being physically crippled, proper trial will not be hampered for his release on bail as preconditions. 7. Section 25 of the Ain provides that in the matter of lodging complaint of any offence, investigation, trial and disposal the provisions of the Code of Criminal Procedure shall apply and t..Category: Criminal Law | Date: | Hits: 43
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