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Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......m went to Motijheel Police Station to lodge an information about her disappearance, but the police, instead of filing a regular case lodged a General Diary being GD Entry No.1482 dated 17-11-2009. Thereafter, on 6-2-2010 the girl's mother went to the Motijheel Police Station for filing a case, but t..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ...... পাইয়া” the complainant bank has placed the said two cheques on 26.02.2008 for encashment (collection), but the same were dishonored on 26-2-2008 for insufficiency of fund. 9. Thereafter, having learnt about the dishonor of the cheques on 26-2-2008, the complainant bank issued a..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....LD 1994 (SC) 87. 31. It is also settled law, that the statement relevant under section 32 (1) of the Evidence Act, 1872 is relevant whatever be the nature of the procedure, that is, be it civil or criminal. The law does not require such statement to be made under the expectation of death, althoug......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ...... of sewing a katha (a homemade blanket type wrapper used during winter) from the house of the informant to the home stead of Jalil Mollah and pushed her inside the east-bhiti hut of that home and, thereafter, the accused Rehana stood outside the door. At that time the accuseds Nurunabi son of Md. Am..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... So, before issuing warrant of arrest the Adalat is to pass specific order of Civil imprisonment for a specific period.………………(10) There must be a distinction between the accused of a criminal case and the Judgment-debtor of any Civil proceeding. Even if any Civil imprisonment unde......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ...... of the rule, in short, are as follows: 3. The respondent No.2, Manager, United Commercial Bank Limited, Chapai Nababgonj filed Artha Rin Suit No.2 of 2006 against this petitioner and others for realization of outstanding loan. That suit was decreed ex-parte by the Judgment and order dated 25-4..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......s. The accused-petitioner surrendered before the court of Magistrate and he was enlarged on bail. 4. It further appears from the statements made in the petition filed under section 561A that, thereafter the case being ready for trial, the same was sent for trial to the Court of learned Sessions..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
....ty of law. Apart from the status of Fatwas which is pending decision in the Appellate Division, imposition and execution of punishment by private persons is foreign to our system of administration of criminal justice and those who indulge in it are themselves guilty of various offences as pronouncem...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......Prothom Alo" dated 31.5.2009 narrated that a woman and a man in Nobigonj Upazila, Hobiganj were subjected to 101 lashes on the order of several village elders who had earlier accused them of having 'breached social norms' during a salish which was held in the house of the Chairman of the Union Paris..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....account payee cheques shall not be governed by the provisions of the Act. Finally, the learned advocate submits that, three cheques in question were taken forcefully by abducting the petitioner and a criminal case is still pending against the complainant. Accordingly, as he maintains, on these groun......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......se cheques were lastly deposited on 03.11.2008 in Dutch Bangla Bank Ltd., Jublee Road Branch, the bank of the payee, for collection, but all the cheques were returned due to insufficiency of fund. Thereafter, as stated in the petition of complaint, a legal notice dated 30.11.2008 was issued by the p..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....ed Yunus, Khorshed and Salam also threatened them armed with dao or they came for the common purpose of committing murder. This P.W. further stated that he will be able to file the relevant papers of criminal case in connection with illicit relation-ship between his brother's wife Parveen Akhter......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......ry negligence in investigating the case. He did not examine the persons who were vital witnesses and for want of their evidence the prosecution had measurably failed to prove its case beyond all reasonable doubt. In such a case the investigation officer who submitted the charge-sheet on the bas..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....rs...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......ppellate, revisional or miscellaneous jurisdiction under section 561A of the Code of Criminal Procedure he ought to submit to the due process of justice. Let it be made clear to him, if it is not already known that the Court would not act in aid of an accused person who is a fugitive from law and ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......nizance of the offence under section 138 of the Negotiable Instrument Act, 1881 on 22-7-2008 against the accused-petitioner and issued warrant of arrest on the same date and the accused-petitioner thereafter voluntarily surrendered before the learned Chief Metropolitan Magistrate, Dhaka and obtained..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......on 200 of the Code of Criminal Procedure and cognizance was taken against the petitioner. The petitioner voluntarily surrendered in the Court of Magistrate 1st Class, Tangail and obtained bail and thereafter the case was transferred to the Sessions Court for trial and it has been registered as Sessi..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....on 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 the rules of procedure or the rules of business criminal intention behind such decision should not normally be inferred.” 14. As regards quas...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......rther order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is that one Md. Golam Mostafa, Anti-Corruption Officer, (Task Force-4), Bureau of Anti-Corruption, Dhaka being informant lodged FIR on 11-12-2001 stating inter alia that one ..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
.... No. 293 of 2009. (From the judgment and order dated 10.02.2009 passed by the High Court Division in Criminal Miscellaneous Case No.5017 of 2008) Judgment Md. Muzammel Hossain J.- This criminal petition for leave to appeal at the instance of the petitioner is directed against the judg......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......ter alia, that on 05.04.2007 at about 14:00 hours while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods brought in breach of prohibition or restriction imposed by law from 2 covered-vans at No.5, Outer Circular Road,..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......ed Sessions Judge has rightly observed in the impugned order that he has considered the seizure list, post mortem report, injury certificate, F.I.R., the sketch map and statements of witnesses and thereafter he framed charge. 9. We do not find any illegality in the impugned order. The fact whet..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... the view that in the absence of such surrender she is a fugitive from justice. In this regard we take support from the case of Mahmud Hossain, where it was held: "Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before h...... 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: 30 BLD (HCD) (2010) 350. ......dated 8.7.07 was issued upon Majibar Rahman Sarwar directing him to submit his statement of wealth which he possesses in his own name or in the name of his wife or any dependent within seven days. Thereafter, the First Information Report (FIR) was lodged on 31.10.2007 giving rise to Barisal Kotwali ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....) have aided and abetted the principal accused in acquiring and keeping possession of that property. He submits that the enquiring authority has found the petitioner prima-facie to be involved in the criminal activity alleged. The learned Advocate further submits that in the instant case the charge ...... 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. ...... to Metropolitan Special Case No.117 of 2008 arising out of ACC GR Case No.159 of 2007 corresponding to Ramna PS Case No.40 of 2007 dared 9-12-2007 under sections 26(2) and 27(1) of the ACC Act, 2004 read with section 109 of the Penal Code, now pending before the Special Judge, Court No.1, Dhaka sho..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....hough the the Anti Corruption Commission, the respondent no.4, henceforth cited as the Commission, the successor-in-office to the now defunct Bureau of Anti Corruption, which actually set the subject criminal proceeding in motion by filing the aforementioned FIR, appeared before us and tabled submis......ality for more than one reason. It has been based on the FIR and the CS which are imbecile. Mr. Sheikh Fazle Noor Taposh, submitted that no charge can be framed if the allegation is not embedded with mens-rea. Arguing that the previous abortive application under Section 561A of the Code of Criminal ......mer Prime Minister of Bangladesh, wife of Dr. Wazed Ali Mia and daughter of the Father of the Nation Late Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka……………………......Petitioner Vs. ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ased on a First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 418, 217, 218, 109 of the Penal Code, and Section 5 (2) of the Prevention of Corruption Act 1947, which set the criminal proceeding concerned, rolling. The verbatim text of the FIR is reproduced below; প......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: ......hter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka.....................Petitioner Vs. Bangladesh, represented by the Secretary for..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....based on a First Information Report (FIR), dated 27th March 2002, invoking Sections 409, 418, 217, 218, 109 of the Penal Code and Section 5 (2) of the Prevention of Corruption Act 1947, which set the criminal proceeding concerned, rolling. The verbatim text of the FIR is reproduced below; প......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: ......hter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka...... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cab..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.
......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.
......rief are that the two petitioners along with 23 others were implicated in Motijheel Police Station case No.140 dated 29.3.2007 for alleged offences punishable under sections 409/109 of the Penal Code read with section 5 (2) of Act II of 1947. In due course the investigation of the case was handed ov..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
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