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Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....ided that by the time premarital pregnancy of Malatt Rani is terminated. Thus, on good faith Malati Rani's premarital pregnancy was aborted by administering certain medicine. But the accused party did not keep promise nor did Sanjay marry Malati Rani. Next Malati Rani raised the matter with......ter, upon which Khoksa Police Station case No.3 (69) dated 13-9-2002 attracting section 9(1)/30 of Act VIII of 2000 was set on motion nominating Sanjay Kumar Biswas and his parents as accused. During investigation witnesses were examined, Malati Rani's statement was recorded under section 2..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....tate …………………………...... Respondent (In all the petitions)
Judgment
May 5, 2015
Result:
The appeal is allowed in part.
Cases Referred To-
Judicial Committee of the Privy Council in Patrick Reyes Vs.The Q...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....;……………………………..Respondents (In all the petitions)
Judgment
May 5, 2015
Result:
The appeal is allowed in part.
Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995); Section 6(2) Nari......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....the name of the petitioners as appeared against the respective possession in their respective case lands in the draft record-of-rights challenging their tenancy; the Revenue Officer after hearing the parties rejected the objection cases of the respondent No. 5, vide order dated 17-1-2002 Annexure-G.......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
...........................Appellant Vs. Abdus Salam and others……………Respondents Judgment April 29, 2015. Result: The appeal is allowed in part. Jurisdiction of this Court in dealing with an appeal against an order of acquittal is cir......ased Kotai Miah as informant on 4-2-1992 at 22-30 hours with the Golapgonj Police Station and the same was recorded as Golapgonj Police Station Case No.2 dated 4-2-1992. 4. The police after investigation submitted charge-sheet against 34 persons including the respondents. 5. The accus..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....l Miscellaneous Case No. 9932 of 2015. Judgment Quamrul Islam Siddique J. — This Rule was issued calling upon the opposite parties to show cause as to why they should not be directed to find out and bring up Salauddin......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....ed from the date of the 6th AGM. However, citing inadvertence in so duly holding the 7th AGM and attributing the delay to circumstances not amounting to laches or negligence on the Company's part, the Petitioner justifies the filing of this Application by drawing this Court's atten......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
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Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ce Station against the respondent No.l and others under the aforesaid provisions of law on the allegations that, without completing the work "in connection with the work of lots No.31, 32 and 2 (part) of Kalurghat road development and extension project from FIDC to Khalurghat Bridge, the r......velopment and extension project, (hereinafter referred as the Project) from FIDC to Kalurghat Bridge thereby committed offence under the aforesaid provision of law. The Investigating Officer, holding investigation, submitted charge-sheet against the respondent No. 1 and others under the aforesa..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....e No. 138 of 2012. On 4-9-2012, the accused-petitioner filed an application for not taking cognizance against her. The learned Metropolitan Special Judge, Dhaka after hearing the respective parties by the order dated 4-9-2012 rejected the said application and had taken cognizance agai...... Station Case No. 45 dated 16-8-2011 under sections 2(ট)(অ) and 4(2) of the Money Laundering Protirodh Ordinance, 2008 read with Money Laundering Protirodh Ain, 2009 was started. 5. The investigation officer after completing investigation and obtaining sanction from the Commission..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....ammad Kamaruzzaman preferred an appeal before this Division, and a four member Bench of this Division, after exhaustive and comprehensive hearing, spreading over 17 working days, allowed theappeal in part, unanimously affirmed the guilty finding arrived at on charge No.3 by the Tribunal below, unani......re not in the list of witnesses or formal charge submitted by the Prosecution, but they were inducted after a long lapse of time after examination of 10(ten) witnesses were concluded by reopening the investigation process, which is not permitted by any provision of the Act and the Rules. RESPEC..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
.... No.1.
Writ Petition Nos. 9714 and 10088 of 2014.
Judgment
Zinat Ara J.— Similar facts and identical issues are involved in writ petitions No. 9714 of 2014 and 10088 of 2014. The parties to the writ petitions are same and therefore, these writ petitions have been heard toge......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
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Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....on on the demand of the vendors on repayment of principal amount in due time, they would be entitled to redeem the land through the process of the Court after the expiry of the period of 5 years. The parties intended to execute the deed for a limited period of 5 years in respect of the land which co......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....rs—For the Petitioner. SM Kafil Uddin, Advocate—For the Respondent No. 3-Bank. When Writ petition heard on merit without hearing the petitioner— If in any particular case the ratio decidendl of Appellate Division applies directly or where the case in hand......r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
.... Nurul Huda (Md.).................Appellant Vs. State, represented by the DC, Lalmonirhat ..........Respondent Judgment March 8, 2015. Result: The appeal is allowed in part. Clause (ka) of section 11 does not speak of any hurt grievous or simple, it has prescribe......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....nctionary, the rules under which he has to act and the subject-matter he has to deal with. These principles are classified into two categories-(i) a man cannot be condemned unheard (audi alteram partem) and (ii) a man cannot be the judge in his own cause (nemo debel essejudex in propria causa).......is of which Muksudpur Police Station Case No. 7 dated 26-7-1999 was registered which corresponded to GR Case No.393 of 1999 under sections 143/323/324/326/ 307/379/114/34 of the Penal Code; but after investigation, final report was submitted in that case and eventually the final report was accept&sh..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
....ttled point that a fugitive from justice is not entitled to any relief from a Court of law unless he surrenders to the jurisdiction of the Court. He cannot claim fundamental rights enshrined in part III of the constitution. The High Court Division thus made fundamental error in quashing t......t cannot quash a proceeding. The judgment of the High Court Division is set-aside.
This petition is accordingly disposed of.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 176
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Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
....stayed for a period of 1 (one) year or till disposal of Writ Petition Nos. 6869, 7336, 7190, 7229 of 2008 whichever is earlier. 4. The learned Judges of the High Court Division after hearing the parties by their judgment and order dated 8-11-2012 discharged the Rule and vacated the order of sta......n the occurrence and, as such, the impugned judgment should be set-aside. He further submits that the allegations of abetment brought against the leave-petitioner could not be established during investigation and that continuance of this criminal proceeding against him in an abuse of the proces..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....; This Rule was issued on an application under section 561A of the Code of Criminal Procedure at the instance of the accused-petitioner, Sree Shamvunath Karmaker and another calling upon the opposite parties to show cause as to why the proceedings in Special Case No. 2 of 2009 arising out of Panch-b......ers were forwarded to the court of learned Chief Judicial Magistrate, Cognizance Court, 'Kha' Anchol, Joypurhat. 4. The aforementioned case was sent to the Anti-Corruption Commission and investigation was conducted by Md. Anowarul Hoque, the Assistant Director of the Commission under Di..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....ly, consequently, left leg of petitioner Billal was broken. In the meantime, out of the total sentence they have served out two years seven months. Considering the prevailing circumstances, particularly the faet that the petitioners were assaulted mercilessly and that they snatched away ca......ed both the petitioners. The villagers assaulted the convict petitioners, consequently, both of them were injured and left leg of accused Billal was broken. 4. The Investigating Officer, holding investigation, submitted charge-sheet against the convict-petitioners and another under section..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....stified maintaining the order of the Commissioner of Taxes (Appeal) without disposing the appeal on merit.
The Taxes Appellate Tribunal, being the highest appellate authority in the Taxes department, the Assessee-applicant has preferred the appeal before the first appellate authority again......tive and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1
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