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Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......Case No. 2 of 2009 arising out of Panch-bibi Police Station Case No. 11 dated 16-10-2008 corresponding to GR No. 320 of 2008 (Panch) under sections 5(2) of the Prevention of Corruption Act, 1947 read with sections 161/165 of the Code of Criminal Procedure, now pending in the Court of Special Ju..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
....62 of 2013. (From the judgment and order dated 23-6-2011 passed by the High Court Division in Criminal Appeal No. 5948 of 2007) Order Surendra Kumar Sinha CJ. -The delay in filing the criminal petition is condoned. Since these petitions arise from a common judgment, they are disposed......t afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149 ......ul Ahsan Munshi was put on trial before the Special Judge, 5th Court, Dhaka in Special Case No. 4 of 2007, for offences punishable under sections 26(2) and 27(1) of Durnity Daman Commission Ain, 2004 read with Rule 15(Gha) (5) of the Jaruri Khamata Bidhimala, 2007 and section 5(2) of the Prevention ..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......evant facts, for the disposal of the petition, in short, are that at about 3-00 pm on 18-4-2001 P.W.4 Nurjahan left Dhaka for Burichang along with her elder son, Imran and daughter, Asha Akhter. They reached at Burichang Bazar at about 10-15 pm wherefrom they hired a rickshaw to go to her paternal h..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....eal on merit afresh.
The leave petition is accordingly, disposed of with the above observations and directions.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 127.
......eal on merit afresh.
The leave petition is accordingly, disposed of with the above observations and directions.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 127.
......Division by the impugned judgment and order dated 1-1-2011 acquitted him of the charges without at all assessing the evidence and also without entering into the merit of the appeal mainly on the reasoning that no legal notice was served upon the respondent in accordance with the Ain and in arri..
Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6
.... by an arrogant party having no fear in undermining and in ridiculing the authority of this Court and this cannot go unpunished with impunity. He has made submission distinguishing the civil and criminal contempt. He has concluded that this is a case where apology has been offered to escape the......her signed copy of the order of committal be kept with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
......ent to the offenders, without discrimination as well as letting all concerned to hear the voice of this Court and to understand that the age old proverb that the hands of this court is long enough to reach any offender…………...... (28)
Accepted Rules in the special con..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d. Abbas Uddin, Advocates—For the Appellant. Salma Rahman, Advocate—For the Respondent No.2. Criminal Appeal No. 8595 of 2008. Judgment ANM Bashir Ullah J.— This criminal appeal, under section 10 of the Criminal Law Amendment Act, 1958 at the instance of the con......ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......to as DUDAC) and eventually the accused was put on trial before the Special Judge, Jessore where the accused was invited to answer the charge under sections 409/420 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 but the answer of the a..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....being encouraged by the said judgment were giving out in the locality that the petitioner has been convicted and sentenced in the case. Thus the petitioner knowing the fate of his case filed the criminal appeal being No.752 of 2012 in the Court of Metropolitan Sessions Judge, Dhaka but unfortun......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......No. 2 Zahirul Hoque Zahir, DAG with Salma Rahman, AAG—For the State. Criminal Revision No. 580 of 2013. Judgment ANM Bashir Ullah J. — This Rule under section 439 read with section 435 of the Code of Criminal Procedure (in short, the Code) was issued calling upon..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......een passed in the public interest, it can declare it to be so. This kind of restriction imposed by the amending Ordinance upon the Government's absolute power to retire a Government servant is commensurate with the need to maintain a sense of dignity and security in the mind of the Government se......r direction upon the writ-respondents, appellants herein (hereinafter referred to as the writ-respondents) to re-instate them in service with continuity of service and other benefits, who were yet to reach the age of superannuation and for further direction upon the writ-respondents to allow the &qu..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....n Suo moto Rule No. 18403 of 2014) Judgment Md. Abdul Wahhab Miah J. — Delay of 113 days in filing Criminal Petition for Leave to Appeal No. 607 of 2014 is condoned. 2. These two criminal petitions for leave to appeal are disposed of by this common judgment. 3. Criminal Pet......torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......gistrate is necessary. Investigation is totally a different concept from that of inquiry. Inquiry is always to be made by a Magistrate or any person as may be directed by the Court, whereas, the investigation has to be made by a Police Officer or by a person (other than a Magistr..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
.... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ...... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ...... new office building of Barisal Office was given and much of the construction work had been completed and foundation stone was laid by the then Prime Minister of the Country in January, 2004. Thereafter, Bangladesh Bank, Barisal Office, found prima facie case through internal audit and inspecti..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
State Vs. Md. Lutfur Rahman and others, 2014, 43 CLC (AD)
....ars imposed on the accused-respondents by the trial Court be reduced to the period they have already undergone. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 150. ......ars imposed on the accused-respondents by the trial Court be reduced to the period they have already undergone. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 150. ......arned Divisional Special Judge, Rajshahi Division, Rajshahi in Special Case No.10 of 1994, Dinajpur convicting the accused-appellants (the respondents herein) under sections 409/109 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing them to suffer rigorous imprisonmen..Category: Criminal Law | Date: 14 Oct, 2014 | Hits: 2
Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)
....456 of 2011. (From the judgment and order dated 18th of August, 2004 passed by the High Court Division in Criminal Miscellaneous Case No.9556 of 2004) Judgment Md. Imman Ali J. - This criminal petition for leave to appeal is directed against the judgment and order dated 18-8-2004 pas......ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ......e, the initial charge-sheet was submitted naming six accused persons upon finding prima-facie evidence against them, the CID filed an application categorically for "re-investigation" and thereafter went on to exonerate those six persons against whom charge-sheet had been submitted and acce..Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34
....Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
......Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
..........(11 and 13)
Till the resignation is accepted by the appropriate authority in consonance with the rules governing the acceptance the public servant concerned has locus poenitentiae but not thereafter……..... (15)
Resignation tendered by a government official can be withdraw..
Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
....r. Accordingly, failure to perform the work as per work order by the contractor in a way of his business as an agent taking fraudulent mensrea to deceive the Government amounts to an offence of criminal breach of trust which is punishable under section 409 of the Penal Code…......(28) ......o the authority by constructing the same in time as per work order. Accordingly, failure to perform the work as per work order by the contractor in a way of his business as an agent taking fraudulent mensrea to deceive the Government amounts to an offence of criminal breach of trust which is p......abuse of the Court or otherwise to secure ends of justice…(16) Contractor as an Agent from Any Department Of The Government is also an Entrustment with Property— Criminal breach of trust by agent— any contractor is appointed by any department of the Government ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....e said officer Mr. Sarwar Hossain Chowdhury directed the Assessee-applicant and his wife to make payment of Tk. 1,00,00,000.00 (one crore) through Pay Order as due tax and in default threaten to file criminal cases under section 165 and 166 of the Income Tax Ordinance 1984 on the ground of so called......e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ......... (21 & 22) Sections 93 & 184 The bank deposit cannot be a basis for invoking the power available under the provision of section 93 of the Income Tax Ordinance 1984 and cannot be treated as definite information as to any concealment of income since admittedly the Assessee-applica..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
State Vs. Robin, 2014, 43 CLC (AD)
.... dated 5th of April, 2011 passed by the High Court Division in Criminal Miscellaneous Case No.20704 of 2010) Judgment Md Imman Ali J. - This criminal petition for leave to appeal is directed against the judgment and order dated 5-4-2011 pass...... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ......p; 4. Thereafter, the case record was transmitted to the Nari-o-Shishu Nirjatan Daman Tribunal, Bhola fo..Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16
....f January, 2011 passed by the High Court Division in Death Reference No. 150 of 2005 with Criminal Appeal No. 4256 of 2005 and Jail Appeal No. 1180 of 2002)
Judgment
Md. Imman Ali J. - This criminal petition for leave to appeal is directed against the judgment and order dated 16-1-2011 pas......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
......of occurrence, i.e. the dwelling house of the petitioner Mahabur Sheikh. _In their presence accused Mahabur Sheikh became aggressive and started beating his wife Kohinoor despite their resistance. Thereafter, the victim Kohinoor instantly died there. Further prosecution case is that the informant an..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....prisoner was insane and incapable of taking his defence. 22. With these few words the learned Advocate for the condemned prisoner prays for rejection of the death reference and allowing the criminal appeal and the jail appeal. 23. He, however, refers to the following cases: 1. Wa......nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......n to go home. Sohag (P.W.2) and Sohan informed Shafiqul (P.W. 8), Md. Saiful (not examined), Md. Rezaul Islam (P.W.11) and Md. Rubel Hossain (P.W. 12) that accused Md. Sajjad Ali took away Shuvon. Thereafter, at 8-00 pm, Sohag and Sohan came home and narrated the whole incident to their mother (info..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......a Prakritik Gas Company Limited seeks leave from a judg-ment of the High Court Division which refused to quash the proceeding initiated against him and others under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. The case was initiated pursuant to an FIR lodged w..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....nvict-Appellant. AKM Fazlul Haque, Advocate—For the Anti-Corruption Commission. (Respondent No.2). Criminal Appeal No. 1812 of 2010. Judgment ANM Bashir Ullah J.— This criminal appeal, at the instance of the convict appellant under section 10 of the Criminal Law Amend......he prosecution. 32. P.W.11 Kamruzzman testified that he was posted as Assistant Commissioner from 2-7-2005 to 20-5-2008 at Narayanganj and.at present he has been serving in the Collectorate of Mymensingh, on 10-4-2007 he on the verbal direction of Deputy Commissioner, Narayanganj had met with B......;…………………..Respondents Judgment June 10, 2014. Result: The appeal is dismissed. Bidhimala came into force on 29 March, 2007 whereas the trap in connection of this case was made on 10 April, 2007, that is, after 11 days of the p..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
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