Search Options
Judgment Advanced Search
Displaying 461-480 of 7038 results.
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ring in person, perused the leave petition, the impugned order passed in Review Petition No.58 of 2010 and the judgment passed in Civil Petition for Leave to Appeal No.1484 of 2006. 4. From the facts as stated in the leave petition, it appears that the present petitioner filed Writ Petition No......endra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) ......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
.... as such the intention of the legislature is for the benefit of citizens of the country, including the accused, whose interest is served best by the speedy conclusion of the trial. Moreover, from the facts of the instant case it does not appear that any prejudice will be done to the accused-petition......an Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgment January 5, 2012. ......ded to trial before the sessions Judge, Madaripur and charge was framed on 5.11.2005 under sections 302/326/307/114/34 of the Penal Code. Prosecution having examined 28 (twenty eight) witnesses, (the evidence was) closed the evidence and the case was fixed for hearing of arguments and at that stage ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption ComÂmission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....or Leave to appeal has been filed by the petitioner against the Order dated 18-7-2010 passed a Division Bench of the High Court Division in Criminal Miscellaneous Case No.20319 of 2010. 3. Short facts necessary for disposal of this Leave Petition are that on a First Information Report (FIR) lod......(Criminal) Present: Md. Muzammel Hossain CJ Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Commission....................Petitioner Vs. AKM Shamim Hasan and another............Respondents Judgment January 2, 2012. Result: This Leave ......nd to examine them in accordance with law and to get the relevant documents proved by the witnesses in support of the prosecution case and to place the argument before the Court with reference to the evidence on record and the law. He cannot have and must not have any role to dispense justice by a C..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....dent Nos.1 and 2 has argued to the effect that all the courts below have duly considered the Advocate Commissioner's report and also the D.P. parcha produced at a very belated stage and the other facts and circumstances and rightly found that the pathway in between the land transferred and the l...... Syed Gulam Shariar…………………………………………..Petitioner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order ......lf of the respondent Nos.1 and 2. 9. Mr. Mahbubey Alam has mainly argued that the petitioners are not at all owners of any land contiguous to the land transferred, that there are sufficient evidence and materials on record to prove that there is a public road in between the land trans..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....t quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. The facts relevant for disposal of the Rule are briefly stated below. An Inspector named Abu Sayed ......per previous practice of this Court. 2. On that application, a Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. Th......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....port to the defence case; the High Court Division as well as the trial Court considered the defence case but disbeÂlieved the same because of the nature of the injury sustained by the victim. In the facts and circumstances of the case and the evidence on record, the High Court Division rightly foun......volved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and order dated the 4th and 5th day of June, 2007 passed by the High Court Division in Death Referen......ce of death awarded to the petitioner by the trial Court. 10. We have perused the materials on record including the testimony of the P.Ws. From the inquest report, the post mortem report and the evidence of P.W.6, Doctor who held the post mortem examiÂnation of the victim, it appears that the ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....llowed. 10. The only question is whether the learned Judge of the trial Court pronounced the Judgment after proper appreciation of the evidence of the P.Ws. and after proper consideration of the facts and circumstances of the case. It appears that the appellant before lodging FIR as per or......o.1664 of 2008. Judgment Obaidul Hassan J.- This appeal has been directed at the instance of the appellant under section 10 of the Criminal Law Amendment Act, 1958, challenging the Judgment and order of conviction and sentence dated 16-11-2006 passed by the learned Special Judge (District ...... is illegal and without jurisdiction." Mr. Razi further submits that although the appellant could no cross-examine the witnesses, but the learned Judge in the trial Court should have weighed the evidence of the P.Ws. judiciously. He further submits that all the witnesses were the official ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and othÂers, 2011, 40 CLC (AD)
....respondent No.14 has made submissions supporting the impugned judgment and order of the High Court Division. 7. We have considered the submissions of the learned Advocate of both the sides and the facts and circumstances. We find merit in the submissions of the learned Advocate for the petitioner......sain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and othÂers...........................Respondents Order December 15, 2011. Result: Leav......record." Security of Tk. 1,000/- is to be depositÂed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....ot be an instrument of oppression, or, needless harassment where the concerned Court should be circumspect and judicious and in exercising such discretion the Court should take all relevant facts and circumstances into consideration before issuing process; at the same time; this inherent p......Anwarul Hoque J
Md. Mozibur Rahman Miah J
Moulana Motiur Rahman Nizami………………….Accused-petitioner
Vs.
Anti-Corruption Commission and another……………………………&......p;………………….(28)
Proof of Mens Rea
In the true nature of things it is not always possible to prove dishonest intention without the help of any evidence, oral or circumstantial. It can only be proved by number of circumstances for which a reaso..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J Bangladesh Jute Mills Corporation....................Appellant Vs. Md. Mahbubur Rahman and another..................Respondents Judgment December 13, 2011. Result: Th......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
.... of Corruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti......Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another……………………………&......minal Procedure, this Court can not embark an enquiry as to whether allegations and materials on record are reliable or not. Those are purely functions of the trial Court to consider with the help of evidence to be adduced by the parties. It may so happen that quashment of a criminal proceeding befo..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....08 passed by the learned Judicial Magistrate arising out of Complaint Register Case No.108 of 2007 now pending before the learned Additional Chief Judicial Magistrate Court, Tangail. 2. The facts, leading to the filing of this petition, in short, are: 3. Complainant-respondent No.2 fi...... Md. Mamtazuddin Ahmed J Muhammad Imman Ali J Md. Shamsul Huda J Joaharul Islam (Md.)…………………........Petitioner Vs. State and another...........................Respondents Judgment December 8, 2011. R......ment and other papers on record. The High Court Division noticed that the complainant brought some allegations against the petitioner and that those allegations could only be settled on adducing evidence and that the learned Magistrate was competent to do that. The High Court Division found tha..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....service as it appears from Annexure-F. Now we can legitimately aspect that the respondents have got no scope to make any departure from the aforesaid recommendation of the respondent No.4. From those facts, circumstances and materials on record we are inclined to hold that the respondents are bound ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners Vs. Saleha Akter............................................ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....Nirjatan Daman Tribunal, Sunamganj, (hereinafter referred as the Tribunal), in Nari-o-Shishu Case No.40 of 2009 framing charge under section 9(i) of the Ain against the accused-appellant. 2. The facts relevant for the purpose of disÂposal of the appeal, in short, are that informant Sultana Luc......appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully aware of Muslim marriage.......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....e physical relationship with the vicÂtim was established on their mutual consent it does not come within the mischief of "rape" as defined in section 375 of the Penal Code. 5. Considering these facts and circumstances the accused-petitioner has granted ad-interim bail at the time of issuance o...... under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-petitione......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....l of the case was conÂcluded in absentia. 5. After hearing both the prosecution and the accused present in the dock and on an assessment of the evidence and materials on record and in view of the facts and circumstances of the case, the Learned Tribunal Judge convicted and sentenced the petiÂti......ation under section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No......d not be read over and explained to him and the trial of the case was conÂcluded in absentia. 5. After hearing both the prosecution and the accused present in the dock and on an assessment of the evidence and materials on record and in view of the facts and circumstances of the case, the Learned..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....ponding to Kotowali Police Station Case No.05 dated 02-4-2008 under section 420 of the Penal Code now pending before the Metropolitan Magistrate Court, Dhaka should not be quashed. 2. Brief facts necessary for the disposal of this rule are as follows; On 02-4-2008 Md. Habibur Rahman l......ment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis of confessional statement made by FIR named accused,......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....ition on the ground of availability of the efficacious remedy before the Administrative Tribunal was not taken before the High Court Division, it had no chance to dwell upon the same. However, in the facts and circumstances of the instant case and the merits of the claim of the writ-petiÂtioners as......J SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md.Mamtaz Uddin Ahmed J Md. Shamsul Huda J Secretary, Ministry of Establishment and others.........Appellants Vs. Amzad Hossain and others...........................Responden......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....ous imprisonment for 7 (seven) years with a direction to run the sentence consecutively. Appellants took an Appeal in the High Court DiviÂsion which maintained the conviction and sentence. 3. The facts which led to the conviction of the appellants are that on the night following 18th February, 2......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………â......tendered one witness. 4. Mr. Nurul Islam Sujan, learned counsel appearing for the appellants assailed the judgment mainly on the ground that the conviction of the appellants is based upon no legal evidence on record. On the other hand, Mr. MK Rahman, learned Additional Attorney-General supports t..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....on Case No.1081 of 1997 obtained the present Rules calling upon the Opposite-Party to show cause as to why the proceeding of the said sessions case should not be quashed. 2. Since the facts and questions of law are same in all the Rules, those are being disposed of by this common jud......risdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission...............Opposite...... under section 17 of the Securities and Exchange Commission Ordinance, 1969 has been disclosed against the petitioners in it. Whether the allegations are false or true it will be decided after taking evidence and at this stage when prima-facie case have been disclosed within the mischief of section ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
77687131712569488303844179196943824282967879870477818228796085388810835468309110