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Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......r alia that the informant’s daughter Rafiqa Rani is a student of Class –IX of Uchai Ozarka High School. At about 1.30 p.m on 28.2.2010 accused Amena called his daughter for plucking potato but thereafter till evening she did not return back home. He then informed the matter to the witnesses, the..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....honour of the cheque on such ground. It has been well settled by our apex Court as well as that of Indian jurisdiction that "stop payment instruction" cannot exonerate the drawer of a cheque from the criminal liability under section 138 of the Negotiable Instruments Act, 1881. Similarly, if the draw......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ...... be taken into consideration as the main ground making "insufficient fund" immaterial for the purpose of bringing the allegation under section 138 of the Negotiable Instruments Act, 1988. 7. For ready reference, the relevant portion of the said section may be quoted below. "Dishonour of cheq..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......plainant bank (hereinafter referred to as the bank) for loan and accordingly, the bank gave loan to the company vide sanction letter No.13 of 2004 dated 22-3-2001. The accused in order to repay the arrear loan gave a cheque being No. 000100 dated 24-12-2008 for Taka 2, 77, 79,245 drawn on an account..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)
....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......ge sheet under those sections but it appears from the supplementary affidavit filed today that the informant herself appearing in the Court below filed an application that the matter in dispute has already compromised between them so she has no objection in respect of bail of the other co-accused. C..Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....s also illegal and, as such, the petitioner cannot be termed as a fugitive. 9. Moreover the term 'fugitive' disqualifying a person to get any relief from the Court is applicable for criminal proceedings. But the Artha Rin Suit is a clear and simple suit of civil nature and in execu......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ......2. Petitioner's case in short is that the Agrani Bank, Baikali Branch, Khulna (herein respondent No.2) as plaintiff instituted Artha Rin Suit No.55 of 2004 before the Artha Rin Adalat, Khulna for realization of loan amounting to Taka 10,43,454.18 (Taka ten lac forty three thousand four hundred f..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....imprisonment for 10 years and 7 years respectively with a direction to run both the sentences concurrently. Though the impugned judgment and order was appealable, the petitioner could not prefer criminal appeal before this Court for lack of legal advice as no Advocate was engaged on behalf of t......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ......ndent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a question of fact which is for the court to arrive at a decision. Non-examination of important witnesses creates presumption under section 114(g) of the Evidence Act and raises doubt about the prosecution c..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
.... following information and particulars, namely— (a) an attested copy of the certificate of his highest educational qualification; (b) whether at present he is accused of any criminal offence or not; (c) whether he has any past criminal record, and if any, the ju......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......yar's Judicial Dictionary (15th edition, 2011) a broad definition of the word 'amendment' has been stated which means the word 'amendment' will include any alteration or change for improving or creating any law or any other instrument or pleadings with special reference to court cases. . . A..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....t the petitioner is also illegal and as such the petitioner cannot be termed as a fugitive. Moreover, the term ‘fugitive’ disqualifying a person to get any relief from the Court is applicable for criminal proceedings. But the Artha Rin Suit is a clear and simple suit of civil nature and in execu......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... 2. Petitioner’s case in short is that the Agrani Bank, Baikali Branch, Khulna (herein respondent No.2) as plaintiff instituted Artha Rin Suit No.55 of 2004 before the Artha Rin Adalat, Khulna for realization of loan amounting to Tk.10,43,454.18 (Taka ten lac forty-three thousand four hundred fif..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......he High Court Division for confirmation of the death sentence.) Judgment Afzal Hossain Ahmed J.- This Death Reference has been made under Section 29 of the Nari-O-Shishu Nirjatan Daman Ain,2000 read with Section 374 of the Code of Criminal Procedure by the learned Judge of the Nari-O-Shishu Ni..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....ing to bring crayons to school, not saying prayers, having long hair etc. She submits that in fact the punishments which are meted out in the name of discipline or control often themselves constitute criminal offences under the Penal Code, 1860, the Children Act, 1974 as well as the Nari-o-Shishu Ni...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......A circular was issued by respondent No.1 on 09.08.2010 prohibiting all corporal punishment upon pupils in all educational institutions stating further that imposition of corporal punishment would be treated as misconduct. The circular directed the District Education Officer and Upazila Secondary Edu..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....dence was forthcoming as to his involvement in the commission of the offence or indeed of physically assaulting the deceased. That left the Tribunal to consider the condemned-prisoner having incurred criminal liability by murdering his wife while she remained in his custody with malicious aforethoug......ejection lends itself to equally displace the credibility of the rest of the ocular evidence brought forth concerning the condemned-prisoner’s commission of the offence. 19. There is another dimension to this case brought forth for consideration in such facts and circumstances. A case as this......ical abuse for the same. On 25-12-2002 at around 8-00 PM the condemned-prisoner and his brother Amanat asked Vanu to bring Taka one lakh from her father and her brother Rezaul Karim that very night threatening to kill her if she failed. Vanu was also threatened with Alam considering remarrying. The ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....requisite bail bond on 3-9-2008. 3. Although the petitioner is not named in the ejahar, but she has been charge-sheeted along with others. It has been stated in the charge-sheet that the alleged criminal liability of the petitioner is that of abetment punishable under sections 409/109 of the Pe......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......1898 filed by the petitioner, this Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of the Special Case No.22 of 2007 under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 pending in the 3rd Courtof the Spec..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....t-in-opposition today and opposed the Rule. He submits that the petitioner was departmentally dealt with and such action in the departmental proceeding does not in any way create bar to initiate criminal proceeding under section 408 of the Penal Code when there is allegation attracting the crim......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......gnizance against the accused-petitioner under sections 408/420 of the Penal Code after recording initial statementof the complainant under section 200 of the Code of Criminal Proceeding procedure. Thereafter, the Chief Judicial Magistrate sent the case for trial and the accused-petitioner submitted ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ......dah, Kushtia, Bagerhat, Faridpur, Rajbari, Chuadanga and Meherpur which are not too distant from the Kishore Unnayan Kendra in Jessore, and the seven districts namely, Dhaka, Munshigonj, Manikgonj, Mymensingh, Tangail, Narayangonj and Narsingdi which are within easy reach of the Kishore Unnayan Kend......hich are not too distant from the Kishore Unnayan Kendra in Jessore, and the seven districts namely, Dhaka, Munshigonj, Manikgonj, Mymensingh, Tangail, Narayangonj and Narsingdi which are within easy reach of the Kishore Unnayan Kendra in Gazipur. He also points out that according to the report of t..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....reatment of infection on her female part. As such, a different view that the convict has been falsely implicated in this case is equally possible and reasonable. 21. It is settled law in the criminal jurisprudence that when, on the basis of the evidence on record, two views, one supportin......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......sti and Khushi of the same age, the accused called her daughter saying that he would give her sugar-cane. By saying that, the accused took her daughter in a nearby sugar-cane field and rapped her; thereafter her daughter returned back with bleeding from her genital organ and had narrated the story. ..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ...... Nural Haque and at one stage, she became pregnant and that with the intervention of the local elites, their marriage was solemnised, that Tajul's parents could not accept the marriage, and that thereafter the accused started to torture her. It was also found from the evidence on record that the d..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....avention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall apply to compulsory labour. (a) by persons undergoing lawful punishment for a criminal offence; or required by any law for public purpose. The Labour Act, 2006 Section 2(vi......has been successful in uplifting the standard of education for poor children and accomplished a lower drop-out figure. Efforts by Save The Children Sweden and Denmark with the help of local NGOs in Mymensingh have assisted in reducing the number of children sent from that district to the capital as ......be directed to discharge their legal duties to ensure compliance with the aforesaid provisions of law. It was further prayed that the respondents No.3, 4 and 5 be directed to provide cost of medical treatment to the workers within those ‘bidi’ factories including the children, who are suffering ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261