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Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....id Minister, The reason for such enmity is that the said newspaper, owned by the petitioner No.2, published and circulated the news in respect of the said Minister involving Kala Faruque, a notorious criminal of the country. Although the petitioner No.2 has no connection with the news reports publis...... having a sanctioned plan. First requirement was fulfilled by the petitioners in that they obtained clearance from the authority under section 75(1) of the Town Improvement Act, 1953 in view of the dimension and location of the project. Clearance was also obtained from the Civil Aviation Authority a......e limited company incorporated under the Companies Act, 1994. The Company was incorporated with the object, inter alia, to construct commercial and residential buildings and it is also engaged in the real estate business in Bangladesh. The petitioner company has finalized the infrastructure of ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71....... was told by the accused appellant that the accused and the victim together had gone upto Benapole border from the residence. But to his further query as to where the son of the informant had gone thereafter the accused could not make any satisfactory reply. The informant also wanted to know about h..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....s in support of the prosecution case and the Inquiry Officer also found the medical certificate issued by Dr. Shahana Ferdous to the effect that the victim Mst. Parul Khanum was subjected to forceful criminal abortion and having found a strong prima facie case the learned Magistrate, 1st Class, opin......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 lac as dowry and threatened to call off the marriage if they failed to give the amount, The complainant's father was co..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... 26.12.1984 to 12.10.1987 collusively caused mischief amounting to TK. 4,04,99,052/- of the bank by violating the foreign investment Rules, instructions, and circulars, thereby committed offence of criminal breach of trust and misconduct. It was further alleged that the accused collusively since......ction cannot be a ground for finding the guilty of the accused under the provisions of law, prescribed in section 5(2) of the Prevention of Corruption Act, 1947. The prosecution failed to prove the mensrea which is necessary elements of offence punishable under section 5(2) of the said Act. ...... to 12.10.1987 collusively caused mischief amounting to TK. 4,04,99,052/- of the bank by violating the foreign investment Rules, instructions, and circulars, thereby committed offence of criminal breach of trust and misconduct. It was further alleged that the accused collusively since 25.6.1987 ..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Montu and others Vs. State, 2005, 34 CLC (HCD)
....uring some ends; Terrorists means on who governs other by violent means. Terrori inspired fear or which caused terror in the mind of others in order to gain something illegally. He intentionally used criminal force or caused fear injury or annoyance to another. The criminal force may be called '......e serves in the clinics of the informant and of the victim, as such, out of obligation he deposed before the Court. It is further submitted that P.W.3 stated the place of occurrence is at Tangail‑Mymensingh road but P.W.2 stated that the place of occurrence is Dhaka‑Tagnail road; that the P.W.4 ......tnership establishing Seba Clinic on eastern side of the old bus stand; that for the last few days the petitioners and another demanded chanda of Taka 2,00,000 failing which the accused petitioners threatened them of cutting their hands and legs; that on 24‑2‑2004 at about 7‑45 AM the petition..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... intercourse with her 15/16 times. At each of such occurrence her mother and father were not at home. After the occurrence of rape she did not resist the jail appellant from intercourse with her. Her menstruation stopped in the month of April. She did not tell it to anybody even on the following mon...... 2000. The complaint petition was forwarded by the learned Magistrate to the officer‑in‑charge of Mitapukur police station. There it was registered as Mitapukur PS Case No.25 dated 19‑8‑2000 treating the complaint petition as a first information report. It was alleged therein that both the i..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ...... victim and found the following injuries: “1. Ecchymosis on the lower hip, both sides of face, forehead, occipital region of head, outer aspect of both arms and inner aspect of left forearm. On dissection congestions ere found under the above mentioned injuries and blood clot in..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......a vivid manner. All these witnesses were cross-examined at length by the defence from where nothing could be revealed so as to demolish the prosecution case or to say more precisely to give another dimension in not believing the prosecution case of alleged recovery of arms and ammunition from the po......the accused persons under section 19A and 19(f) of the Arms Act. At the commencement of the trial a charge under section 19(f) and 19A of the Arms Act was framed against the accused persons which was read over to them who pleaded not guilty thereto and claimed to be tried according to law. 4. D..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....S Dollar. 11. The relevant portion of section 5(2) of Prevention of Corruption Act, 1947 is quoted below: "5. Criminal misconduct.— (1) A public servant is said to commit the offence of criminal misconduct— ................................. (d) if he, by corrupt or illegal mea...... and/or Safiur Rahman obtained or attempted to obtain any pecuniary advantage abusing their position as Minister and Secretary of the Ministry of Home, in the whole deal we do not find any element of mens rea on the part of the respondents inasmuch as their actions appear to be bonafide. 16. We ......e Nos. 8038 of 2002 and 4275 of 2002, respectively. Hence this judgment shall govern both the aforesaid petitions too. 3.The fact, in short, are that Jalal Uddin Ahmed, Inspector (task force-1) Bureau of Anti Corruption, Bangladesh Dhaka lodged a first information report on 11‑12‑2001 agai..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
.... installation of the machineries starting of production of the factory by turn-key basis, that since the company has filed a suit against the petitioners firm for compensation in 1993 the subsequent criminal proceeding is nothing but a harassing policy. The High Court Division over looked the simpl......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ...... Revision No. 41 of 1969 arising out of D.A.B. G.R. Case No. 40 of 1994 and Motijheel P.S. No. 26, 9.4.1994 pending in the Court of CMM Dhaka. 2. Samir Kumar Mukherjee, Anti-Corruption Officer, Bureau of Anti-Corruption, Dhaka lodged an F.I.R. at the Motijheel P.S, being P.S, Case No. 24 dated 9..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
....he common law rules that subject the libeler to responsibility for the public offence, as well as for the private injury, are not abolished by the protection extended in our constitutions. The law of criminal libel rests upon that secure foundation. There is also the conceded authority of Courts to ...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... Court of Record and are competent to punish their contempt.
Article 39 of our Constitution runs as under:
"(1) Freedom of thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relat..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....bdul Gafur, accused petitioner No.9 Amjad alias Amjad Sarder and accused-petitioner No.10 Md. Sohrab Ali are set aside as the allegations against them have not been proved. 29. Consequently, the criminal revision succeeds in part. 30. In the result the Rule is made absolute in part. The co......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......e stick blows upon the informant and his brother and injured them. The accused looted paddy amounting to Taka 5000 (five thousand) only. At the instance of the informant Shamsad and Abdus Samad were treatment in the hospital whereby the delay was caused in filing this case. 3. After filing of t..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....informant party seeking his addition in the Rule was permitted to assist the State and accordingly, has filed affidavit-in-opposition denying material allegations contending, inter alia, that instant criminal revision has been filed on vague, incorrect, fabricated and concocted statements and ground......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......nt started leaving the meeting venue. At that time first information report named 17(seventeen) accused persons and 10/12 unknown persons under the leadership of accused Nurul Islam Dipu armed with firearms coming from back came to the place of occurrence firing shots. Accused Nurul Islam Dipu and S..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....the buildings and residential quarters and created a reign of terror in the mills by their violent activities. As a result, the management lodged a first information report on 19-3-2001 and started a criminal case against 35 accused persons with Digolia PS including 3 of the said respondents. Therea......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......ekly wages of the workers. But later they were informed that their wages and allowances would not be paid on that day. As a result the workers become agitated and started procession within the mills area. Later, SM Golam Rahman (respondent No.2) and some other workers and leaders brought the situati..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....anged medical treatment for Mr. Majumder and directed the police to open fire when the mob attacked the residence of the UNO. He also promulgated prohibitory order under section 144 of the Code of criminal Procedure and lodged F.I.R. being Muladi P.S. Case No.3. An Inquiry Committee constituted ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ......ppellate Tribunal dated 09.11.2000 in Appeal No. 66 of 1998. 2. The facts, in short, are that the respondent Md. Abu Bakar joined Government service as Circle Officer on 13.06.1977. Thereafter on 15.01.1984 he entered into Cadre Service. While he was Thana Magistrate, Muladi in the D..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
.... it can be very well said that the appellants were members of an unlawful assembly and in prosecution of the common object of that assembly to assault the complainant's party, offences like hurt, criminal trespass into the house of Serajul Huq were committed. With regard to the causing of death ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......victim Sakaton-Nessa, which caused a bleeding injury on her hand and other accused persons conjointly gave 'lathi', blows at random to the other persons present at the place of occurrence. Thereafter, they entered inside the house of the informant and snatched away some valuable ornaments th..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....llusion or undue influence the onus is on the party who alleges it as such to prove the allegation. There is a presumption of good faith on human transaction as there is a presumption of innocence in criminal matter and, that being so, the burden of proving every species of bad faith such as fraud, ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......d an agreement for the purpose and the agreement stipulates a period of 12 years. The plaintiff then filed Miscellaneous Case No.3140 of 1973 for redemption and the defendants 1 and 2 appeared and thereafter they sold the suit property to defendant No.3 on 22‑8‑72 at a consideration of Taka 3,00..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....ut such type of interpretation, if considered acceptable, will create a far reaching effect and a party, already involved in the civil case claiming title and possession, shall get scope to go to the criminal Court to take undue advantage against the rival party and dislodge existing possession thro......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......first party petitioners preferred title appeal No.63 of 2003 against the said decree before the District Judge. Borguna and operation of the judgment and decree was stayed on first party and tried to reap away the paddy from the disputed land by force thereby causing apprehension of breach of peace ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
.... learned Additional Sessions Judge, after hearing the parties including the informant side by order dated, 13‑2‑2003 rejected the application. Being aggrieved the accused petitioners herein moved criminal revision before the High Court Division under section 439 of the Code of Criminal Procedure......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......way Md. Shah Alam Biswas was killed by FIR named 15 accused causing multiple injuries on different organs of his body with gunshot and ram dao, etc. On hearing hue and cry witnesses from surrounding area arrived at the place of occurrence, whereupon the accused persons fled away and police investiga..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....y the legislature and the provisions of section 120 of the Evidence Act declare that the parties to the suit and their husbands or wives are competent witnesses in all civil proceedings and that in criminal proceeding against any person the husband and wife of such person is a competent witness ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... defaulter in the payment of rents, that during the pendency of the SCC suit there was a 'salish' in August, 1981 where Khurshed Ali Master agreed to enhance the rent, that one or two days thereafter Khurshed Ali came to him with one blank stamp and some blank cartridge papers and stated th..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
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