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Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......ipt of cheques, presented the same to the Krishi Bank, Agrabad branch, Chittagong for encashment, but these were bounced on 30-7-2006 and 17-8-2006 for insufficiency of the fund in the account of the accused petitioner. Thereafter, legal notice was issued on 24-8-2006 which was received by the accus..

Category: Procedural Law | Date: | Hits: 128

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......des shall be also addressed and considered by the court……………………….(25) Fundamental principles of criminal jurisprudence and justice delivery system is the innocence of the alleged accused and he should be presumed to be innocent until the charges are proved beyond reasonable doub..

Category: Criminal Law | Date: | Hits: 74

Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)

....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......, No.2 Zahangir Alam, son of Abul Kalam, No.3 Md. Ali Hossain alias Md. Ali, son of Ahmed Kabir Sowdagor and No.4 Mohammad Ullah Swapan alias Mohammad Ullah alias Swapan, son of Shafi‑Ullah Sarang, accused in Jana Nirapatta Case No.179 of 2001 arising out of Shitakundu Police Station Case No.12(3)..

Category: Criminal Law | Date: | Hits: 79

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ...... the following condi­tions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the p..

Category: Criminal Law | Date: | Hits: 92

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......gment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innocence of alleged accused and till charges are proved beyond shadow of doubt on the basis of clear cogent, credible an..

Category: Criminal Law | Date: | Hits: 98

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......d to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, base conviction and sentence upon him. In the absence of no such independe..

Category: Criminal Law | Date: | Hits: 125

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ...... take cognisance of the offence as per law. 2. The short fact leading to the issuance of the present Rule is that, the complainant‑petitioner filed a petition of complaint on 24‑8‑92 against accused‑opposite parties Nos.2 and 3 before the Senior Special Judge, Bagerhat under section 4 of ..

Category: Criminal Law | Date: | Hits: 130

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......a and others, reported in AIR 1969 page 198 relevant paragraph 11 wherein it has been held: "The requirements of natural justice in case of an enquiry of this kind are, first, that the person accused should know the nature of the accusation made; secondly, that he should be given an opportun..

Category: Constitutional Law | Date: | Hits: 300

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......es with a party cannot be the sole ground of disbelieving their evidence unless contradiction and inherent infirmity are found in their evidence. . . When the occurrence is indirectly admitted by the accused party by filing a counter case as already noticed and counter case ended in acquittal of the..

Category: Criminal Law | Date: | Hits: 75

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......here is girls' Hostel, boys' Hostel, social development office guest quarter etc. I live in 2nd floor of the building, Night guard told me that there were three persons seen by him but he did not see accused Mustaq". 56. From the cross-examination of the inform­ant himself, it is therefore evide..

Category: Criminal Law | Date: | Hits: 62

Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)

....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......iqul Islam……………………..Accused-petitioner Vs. The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without t..

Category: Criminal Law | Date: | Hits: 88

Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)

.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......-General - For the opposite party. Criminal Miscellaneous Case No.11576 of 2010. Judgment AKM Asaduzzaman J.- This Rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No.73/09 (Manda) corresponding Manda ..

Category: Criminal Law | Date: | Hits: 87

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....S.I. Md. Rezaul Karim, D,B. Dhaka along with S.I. Md. Abdur Razzaque, S.I. Md. Kamruzzaman Talukder, S.I. Md. Mostafa, Constable Salim Reza and Zakir Hossain got secret information on 12.10.2003 that absconding accused Mirza alias Mizan connected with Keraniganj P.S. Case No.34 dated 27.07.2003 unde...... Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of the Arms Act. The accused must have control and possession over the alleged arms………………………………â€..

Category: Criminal Law | Date: | Hits: 65

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......ce of the Rule in short are that: - One Md. Belial Hossain, acting chairman, Dupchachia Paurashava as informant lodged an FIR with Dupchachia Police Station, Bogra, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said Paura­shava by misusing his power refrained fr..

Category: Procedural Law | Date: | Hits: 86

Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)

.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment January 18, 1996. Result: The Rule is discharged. Appearance in the Court through a Lawyer Considering the hardship on the part of female accused to appear regularly in the Court at a distant place, the Magistrate may consider any prayer ..

Category: Procedural Law | Date: | Hits: 120

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Opposite Parties Judgment April 2, 1995. Result: The reference is rejected. Whether a Magistrate is competent to take cognizance of an offence in respect of an accused person on the basis of a naraji petition although the accused person was previously discharg..

Category: Criminal Law | Date: | Hits: 138

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......iolation of the provisions of Clause-‘গ’and ‘ঘ’of aforesaid SRO No.266 dated-22.08.05 before expiry of four years without paying customs duty and other charges with the help of four other accused. The Chairman of the Bank through which the letter of credit was opened by the petitioner wa..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ...... March 14, 2007. Result: The Rule is made absolute with observations. Why the Druta Bichar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial f..

Category: Procedural Law | Date: | Hits: 84

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......under Rule 10(8), the Enquiry Officer or the Inquiry Committee had no authority to recommend any punishment and they will only inquire into the allegations/charges and shall give findings whether the accused is guilty or not on each charge. In a departmental proceeding the role of the Inquiry Office..

Category: Labour and Industrial Law | Date: | Hits: 2706

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ...... March 2, 2008. Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to gu..

Category: Criminal Law | Date: | Hits: 85