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ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......ged a formal ejahar with the Police Station concerned. After lodgment of the ejahar, the case was endorsed to him for investigation. Having taken up investigation of the case, he visited the place of occurrence, examined witnesses and recorded their statements under section 161 of the Code of Crimin..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......of under this section, shall observe the following procedure:— (a) the worker concerned shall submit his grievance to his employer, in writing by registered post within fifteen days of the occurrence of the cause of such grievance and the employer shall within fifteen days of receipt of s..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......ous reflection is cast on the validity of the conviction. No evidence that at or about the time of murder, no third person, excepting the appellants and the deceased were present at the place of occurrence. It can be a case of "may be true". But there is distance between "may be ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......that victim Sumaiya Akhter, aged about 14 years, a student of class VII, has been abducted and subjected to sexual assault by the accused on her way to school at about 9-45 am on the following day of occurrence and subsequently the petitioner lodged an FIR with the local police station narrating the..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......prosecution examined 6(six) witnesses and defence examined none. 6. The defence case of the accuseds as it transpired from the trend of cross examination is that the case is false and that no occurrence as alleged took place and that the case has been falsely filed so as to put pressure upo..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......e judgment passed by the High Court Division where the following observations are found to have been made which cannot be refuted by a simple non-seizure of "Kupee Bati" which lighted the place of occurrence at the time of com­mission of the offence at 8-30 PM punishable under section 302 of th..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ......ble the mechanical sanction accorded by the commission in 'Form-3' is in the eye of law is not a sanction, at all. Moreover the number of case as has been started arising out of the self same occurrence is also against the provision of law, which can also vitiate the trial in order to avoid ..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......hy;sisting of his wife, deceased Nilufar Amatun Mowla, son, P.W.1, Salauddin Noman, his daugh­ter, deceased Mahjabin Chowdhury alias Suma and a maid servant Romana Begum alias Nomi. On the day of occurrence on 2-10-1994 P.W.1 was asked to return home immediately. On his return he saw the dead bo..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5

Badsha Mia Vs. State, 2013, 42 CLC (HCD)

....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ...... mobile that some CI sheets were recovered from different houses and Hasamdia United High School, and as per request of Major, the informant along with some police constables appeared at the place of occurrence and found that some accused persons were arrested by the major Aftab Ahmed and a good num..

Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... this Court in Criminal Miscellaneous Case No. 5412 of 1998 on 24-8-1998. 5. During investigation of the case, one Abdullah-al-Zahid being appointed as investigating officer went to the place of occurrence and recorded the statements of the witnesses under section 161 of the Code of Criminal Pr..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ......rt should give careful attention. Therefore, if the charge remains vague, the necessary ingredients of the offence to which the accused is convicted are not brought out or if the place and time of occurrence have not been brought with provision, obviously the charge will be defective. Failure to..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)

....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......ge, the accused went to Saudi Arabia to work and stayed there for 2 years. Thereafter, he returned home and the couple was blessed with a son, named Nazmul Islam aged about 4 years at the time of the occurrence. The accused used to beat his wife now and then on the ground that his wife used to lead ..

Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6

Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)

....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ......d FIR case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner Md. Sadek Hossain was the Administrative Officer of Housing Estate, Chittagong, at the time of occurrence, and he also served in various positions at dif­ferent working stations. He retired f..

Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

....who issued notices upon the parties including the respondent No.1 on 27.02.2001. The complainant-appellant in collusion with the said Mahbub Mawla put pressure upon the respondent No.1 and in various places the word "Adv" i.e. Advocate was written by showing that the respondent No.1 had al...... an Advocate on 06.12.1998. It has been argued on behalf of the respondent No.1 that since he received his sanad on 06.12.1998 he could not be prosecuted by the Bangladesh Bar Council for the alleged occurrence held on 03.06.1997. In view of the aforesaid submission the Bar Council-Tribunal having e..

Category: Others | Date: 28 Nov, 2012 | Hits: 23

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......submits that it has been directed by the Hon'ble Appellate Division to proceed with the instant case in accordance with law, in terms of the Money Laundering Protirodh Ain, 2002 since the alleged occurrence took place during the operation of the Ain, 2002. To that extent Mr. Moudud Ahmed, learne..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)

....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ...... as well in filthy language and at one stage, he became furious and threatened to kill them. Then the informant along with his mother and sister-in-law came back to their house and informed about the occurrence to Milon Mia, the cousin of the informant. On 15.05.2003 at about 10.00 a.m. the accused ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ......ld be done and lastly that the criminal act has been done in furtherance of common intention shared by all the offenders. There must be evidence to show that the accuseds were present at the scene of occurrence and have actually participated and there must be a pre-conert or pre-arranged plan. .......

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......succeeds in discharging its burden then it is incumbent on the accused taking the plea of alibi to prove it with certainty so as to exclude the possibility of his presence at the place and time of occurrence. An obligation is cast on the court to weigh in scale the evidence adduced by the proces..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......succeeds in discharging its burden then it is incumbent on the accused taking the plea of alibi to prove it with certainty so as to exclude the possibility of his presence at the place and time of occurrence. An obligation is cast on the court to weigh in scale the evidence adduced by the proces..

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....t is not in accordance with law. The learned Advocate for the opposite parties also submits that the plaintiffs to the suit were the workers of different status and they were posted in different places. They had no common interest as alleged from the side of the petitioners. The defendant-oppos......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4