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Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....n our view, is of no substance. 13. Now turning to section 5(2) of Prevention of Corruption Act, 1947. Section 5(2) is as follows: "Any public servant who commits or attempts to commit criminal misconduct shall be punishable with imprisonment for a term which may extend to 7 years or ...... of accused petitioner, Md. Nasim as he had a hand in getting the aforesaid work of installing 3 lacs digital telephone to World Tel Holding Ltd. Whether Md. Nasim had a hand or not or whether he had mens rea or not, which is necessary ingredient of section 5(1) (d) of Act 11 of 1947 or whether Md. ......of 2002 involving same facts, are taken up together for disposal and this judgment would govern both the Rules. 2. One Md. Abdul Hai, Anti Corruption Officer, (Task force No.1) Anti Corruption Bureau, Bangladesh, Dhaka lodged the first information report on 8‑1‑2002 with the Ramna Police St..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....drew the order of cancellation on the ground that the licence holder paid the licence fees after the notification was issued. It has been stated that the petitioner has got political enmities and the criminal cases were initiated with ulterior motive. Some cases were filed at the instigation of his ......ot be declared to have been issued illegally and without any lawful authority. 2. The petitioner is a leader of Awami League, a member of Parliament elected from Constituency No.10, Gafargaon, Mymensingh. The petitioner is a well-known and established leader of the area and he is being elected ......al notification nor he had been given any opportunity of being heard and consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licensee granted by the authority cannot be said to be an illegal possessor of arm and ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....is is not a title deed. The trial Court further observed that the genuineness of the deed of relinquishment Exhibit F and the solenama having not been proved by calling for the original record of the criminal case these can be relied upon, especially in view of categorical denial by the plaintiffs. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......ssession of the Suit land from the time of their predecessors. But again, the trial Court observed that on consideration of both oral and documentary evidence and, facts and circumstances of the case reason fails to believe that the plaintiffs continued to hold their title and possession in the suit..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....ioner Vs. State & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money s...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and both civil and criminal cases can run together, and the..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ecuted and after recording evidence the learned Divisional Special Judge convicted him as already mentioned above. Being aggrieved by the judgment and order of the trial Court the appellant preferred criminal appeal No. 235 of 1993 before the High Court Division and the High Court Division in its tu......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......judgment and order passed by the learned Divisional Special Judge, Rajshahi Division, Rajshahi, in Special Case No. 21 of 1981 (Gaibandha) convicting the appellant under section 409 of the Penal Code read with section 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for 2 (t..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
....e at the police station. The petitioner refused to concede to the said proposal. Consequently, the respondent No.5 in collusion with the respondent No.6 implicated the petitioner in a number of false criminal cases and in addition thereto also put the petitioner under detention under the Special Pow......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......accounts, pay various debts and to make renovations of his aforesaid business offices and for the aforesaid purposes he was carrying Taka 20 lac in cash. In course of his journey when that petitioner reached a point at about 8‑00 PM near Madhabpur Police Station under Habiganj District he was advi..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....gislature], or any public servant in the exercise of the lawful power of such public servant; or Second, to resist the execution of any law, or of any legal process; or Third, To commit any mischief, criminal trespass, or other offence; or Fourth, By means of Criminal force, or show of criminal forc......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......low on the head of Angura Bibi, accused Faruk gave a dao blow on the head of his Bhabi Angura Bibi and accused Faruk also gave dao blow on the left hand of Lai Bibi. Fatik Mia died on the spot and thereafter FIR was lodged and ultimately charge‑sheet was submitted against the appellants. Charg..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......irst Class, Chandpur alleging inter alia, that the petitioner visited the house of the complainant with the witness No.2 and used to tease her sister and then he was asked to leave their house. Thereafter he took shelter of some unruly people and further disturb her in different places. On 12.12..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....ts Judgment August 10, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instan......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......t Fakirapool, lodged first information report in the Motijheel Police Station against the respondent No.1 alleging forgery and mis‑appropriation of Bank money as well as committing of criminal breach of trust during the period from 25‑7‑1980 to 15‑5‑1984. In due course ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
.... trial and the trial Court framed charges accordingly against the accused and the case has been fixed for evidence. In the meantime the Government issued memo dated 14‑7‑2003 (Annexure‑D to the criminal revisional application) intimating that Government have decided to withdraw the aforementio......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......with Keraniganj Police Station, Dhaka stating, inter alia, that on 16‑2‑2002 his younger brother Amir Shakil (27) and his (Shakil's) companion Sentu (27) were returning from the City of Dhaka and reached Zinzira while the accused Mehbub and others according to pre‑plan gheraoed them and attack..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....aintiff’s husband also tried to enter into the suit land with the help of the local wicked and dangerous people on 18‑1‑1980. The defendant with his sons have resisted them and also filed a criminal case, being No.MP 18/1980 which was subsequently renumbered as MR Case No.19/1980 in w......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......…………Opposite Parties Judgment July 27, 2004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de f..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......she expressed her inability to meet his such demand the accused husband continued with torture on her as before. 3. The Tribunal sent the petition of complaint to Khilgaon Police Station, wherein treating the same as first information report, Khilgaon PS Case No. 52 dated 30‑6‑2003 under sect..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
.... fine of Taka 20,00,000 (Taka twenty lakh) since it stands against the recital of the complaint petition. The learned Advocate further submits that when complainant-petitioner himself has ventured to criminal Court and does not also bring the case within the scope of section 138(1) of the Negotiable......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......following the dishonour of a cheque a notice is to be issued in writing to the person who has issued the cheque inviting his attention to the fact that the "cheque" has been dishonoured for reason stated in the return memo and that he is liable for penal consequences under section 138 read..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....r others and do not tally with the petitioner's bank guarantees and thus fake bank guarantees were obtained in collusion with two bank officers of Agrabad Branch and criminal case has already been started against them and respondent has already filed an affidavit-in......equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......ttagong Port Authority (CPA), respondent No. 1, sent letter on 13-07-1997 and 14-07-1997 showing dues against the said vessel claimed by the CPA, Karnaphuli Fertilizer Co. Ltd (KAFCO) and Chittagong Urea Fertilizer Ltd (CUFL) and demanded a total sum of Tk. 1,68,00,854.48. Both the orders of the res..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ed the deed, got delivery of the same and kept in his possession and later on handed over to the defendant No. 1 appears to be probable. 28. It is on record that the plaintiff filed a criminal case on 10-5-1966 against defendant No. 1 and others. The trial Court found that only afte......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......trial court can be reversed by the Appellate Court? High Court Division as the final court of fact without considering the evidence and materials on record and without adverting to the reasoning given by the trial court reversed the findings of the trial court. Therefore, the j..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” an...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......daughter had taken poison and she had been admitted into hospital, that the informant having had received the information taking others with him proceeded for the village of condemned prisoner and reached at the house of the condemned prisoner in the early hours of the day and found Swapna Begum..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
....case, opposes the appeal submitting inter alia, that it was true that there was no allegation of bias of the learned judge and, according to him that is not the only reason to justify transfer of a criminal case. He has placed the charge‑sheet and placing, the list of witnesses submits that...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......n a Chinese Restaurant but Tareq did not return home in the night and on query it was learnt that the accused along with his son and other friends took their dinner at a restaurant at Banani and thereafter went to Meghna Bridge where the victim put off his clothes and got into the river for swimm..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
.... Md. Ibrahim Khalil, Assistant Attorney-General- For the State. Abul Bashar State Defence Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husban...... convict-appellant the irresistible conclusion that flows is that convict-appellant killed his wife Hasi Begum. 13. Circumstance No.2 Medical evidence: Medical evidence in the Case occupies an immense importance in the case and it strongly lent support to prosecution case. 14. Circumstance......d in absentia. 4. Autopsy on the cadaver of deceased Hasi Begum by Dr. SM Nasir Haider (P.W.5). He found following injuries: (1). One bruise mark 5’’ in length and irregular in breadth on either side of the neck at the level of thyroid aurtilge. (2). Two bruises of equal s..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ed in 46 DLR (AD) 85 wherein it has been observed "It is to be observed that there is a fundamental difference between a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the selfsame facts. In a criminal trial, ......n departmentally and a criminal proceeding in a Court of law against him on the selfsame facts. In a criminal trial, an offence like criminal breach of trust or forgery, dishonest intention or mens rea is required to be proved because it is an ingredient of the offence. But in a disciplinary...... on November 15, 1990 applied for leave for one month with effect from November 20, 1990 upon filing a medical certificate duly countersigned by the Medical Officer of the appellant No. 1, that thereafter on December 26, 1990 the respondent submitted an application for the extension of his leave..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......nst him and that letter of termination does no. carry any stigma on the professional reputation of the writ‑ petitioner, that as per provision of section 492 of the Code of Criminal Procedure read with the provision in Legal Remembrancer's Manual, the Government is quite competent to termi..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
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