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Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......bruary 3, 2014. Result: The appeal is disposed of with expunction. The compensation can only be paid for such expense, or injury which the claimant suffered by reason of arrest or attachment or injunction. It follows that the claimant has to plead in his petit..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
...... privileges conferred and liabilities imposes.
22. In Maneka Gandhi Vs. Union of India (1978) SCC 248, it has been observed that:
"Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits....Article 14 strikes......on (ACC), while addressing the 9 founding anniversary of the 'ACC', the acting Chairman Mr. Shahabuddin Chuppu showed Commission's incapability/discomfort to find out the real corrupt due to the consequence of the Amendment Act, 2013. He stressed to state that the anti-g..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......wealth which is beyond his known source of income, he may be prosecuted and convicted under section 27(1)......(5)
The accused-respondent was also convicted under section 27(1) of the Ain on the reasonings that he had acquired properties which were beyond his known source of income, and said pr..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
...., for which he had already instituted a title suit and that since on the self same cheques, a civil suit was pending, he (opposite party 2) cannot be prosecuted simultaneously in the present cases of criminal nature. The learned Special Judge by the impugned orders allowed the applications and disch......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ...... BRAC Bank Ltd. The petitioner placed the cheques for encashment through his bank H.S.B.C. Bank Ltd. but both the cheques were dishonoured on15.07.2008 with remark “insufficient fund”. Thereafter, the complainant-petitioner served two statutory legal notices both dated 14.08.2008upon the..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....l Appeal No. 53 of 2003 (From the judgment and order dated 24th of March , 2003 passed by the High Court Division in Criminal Revision No. 227 of 2003) Judgment Md. Imman Ali J. - This criminal appeal by leave arises out of the order dated 24-3-2003 passed by a Division Bench of the H...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......r. Fazlur Rahman, respondent herein, was accused in Metropolitan Special Case No.2 of 2002 arising out of Ramna Police Station Case No.70 dated 27-3-2001 under sections 409/420 of the Penal Code read with section 5(2) of the Prevention of Corruption Act 1947 pending in the Court of Metropolitan..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....al non-application of mind and contrary to the sentencing principle. Awarding of a proper sentence in the facts of a given case is to assist in promoting the equitable administration of the criminal justice. Punishment is designed to protect society by deterring potential offenders. P.W.3 ...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......March, 1971 to 16th December, 1971, by the Pakistani occupation army and their collaborators after the declaration of independence of the country by late Sheikh Mujibur Rahman. There were wide spread atrocities like killing of three million people, rape, arson and looting of unarmed civili..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907 of 1999) Judgment Md. Imman Ali J. - This criminal appeal, by leave, is directed against the judgment and order dated 2-7-2003 passed by a Div...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......d he collected rents from the tenants by granting rent receipts. But showing less collection he misappropriated Taka 77,978.25 paisa within that period. On this allegation the local Anti-Corruption Bureau inquired into the matter and verifying the correctness of misappropriation lodged First In..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
........................................Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is al...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...........Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with ..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....pellant argued that this is not a case of misappropriation rather it is a case of adjustment. He adds that the P.Ws. contradicted each other on point of misappropriation and the formal charge of criminal misappropriation of money in the context of period from 13-4-1988 to 28-2-1990 is hit ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ...... of the investigation, he submitted a charge-sheet against the convict-appellant with a recommendation to stand trial for commission of the offence punishable under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 5. Subsequently, the case rec..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....ourt Division held that since the endorsement "payment stopped by the drawer" does not attract insufficiency of fund or exist arrangement as contemplated in section 138 of the Act, the criminal proceedings initiated against the respondent were abuse of the process of the Court. ......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......, 00,000 in favour of the complainant who presented the said cheque for encashment but the said cheque was returned to him as unpaid with an endorsement, "payment stopped by the drawer." Thereafter, the complainant issued notice in terms of section 138 of the Act demanding payment of ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......ll be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received from the intended buyer, there by, giving a reasonable time to the borrower asking him whether he (the borrower) is willing or agreed to pu..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ier Writ Petition") challenging the Memo dated 27-11-2004 issued by the board's registrar communicating such approval. It so transpired that the petitioner, having been acquitted from a criminal case lodged against him, decided, however, not to prosecute the Rule issued in the earlier ......f the "extent of control over the function exercised by another body which is a public authority" as an important determinant of the act of an ostensible private body assuming public dimensions. In elaborating on that test and carrying the argument in that regard a notch further than ......e filing of this Application is that the concerned Upazila Nirbahi Officer upon first suspending the petitioner formed an inquiry committee leading to a report adverse to the petitioner. Thereafter, upon a show cause notice issued, the petitioner was dismissed under section 11(ঙ) of বà..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......discharging the Rule. 2. Facts necessary for disposal of this petition are that the accused, petitioner herein, filed a revision application before the High Court Division under section 439 read with section 435 of the Code of Criminal Procedure (the Code) being Criminal Revision No.348 of..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....proposed to be delivered by my brothers, Muhammad Imman Ali, J. and Mohammad Anwarul Haque, J. I agree with the reasoning and findings given by Mohammad Anwarul Haque, J. Md. Imman Ali J. - This criminal appeal, by leave, is directed against the judgment and order dated 31-7-2000 passed by a Di......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......9 of 1996) Judgment Nazmun Ara Sultana J. - I have gone through the judgments proposed to be delivered by my brothers, Muhammad Imman Ali, J. and Mohammad Anwarul Haque, J. I agree with the reasoning and findings given by Mohammad Anwarul Haque, J. Md. Imman Ali J. - This criminal app..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....as the power to implement the decision of the Administrative Tribunal by resorting to the provision of contempt contained in section 10A of the Act and, as such, there is no scope for filing any criminal case for implementation of the decision of the Administrative Tribunal. He further sub......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......d placed him in MNS-VI (Taka 1400-2225) vide order dated 20-10-1983. The Government posted him as Thana Nirbahi Officer of Pirojpur vide notification dated 14-7-1983, where he joined on 24-7-1983. Thereafter he was successively appointed as ADC and ADM by the Government. While he was working as..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....t 22 kilometres from the Chancery Building of Bangladesh Embassy and the expenditure incurred to the extent of 72,000 Dirhams were legally incurred and, as such, there is no question of incurring any criminal liability by the appellant on that count and since the appellant was found guilty on that c......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. ......08 corresponding to Shahbag Police Station Case No. 27 dated 14-5-2008. By the impugned judgment and order, the learned Special Judge convicted the appellant under section 409 of the Penal Code, 1860 read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him thereunder to suf..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......bsp;
Quazi Reza-Ul-Hoque J.-
I have had the advantage of reading in draft the judgment proposed to be delivered by my learned brother Mr. M. Moazzam Husain, ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
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 ......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 ...... each contractual period ranged from consecutive 89 days to a maximum of six months expressly stipulating the cessation of contract upon the completion of the specified period of employment, the reasonable conclusion to be drawn is that such employment can only be temporary in nature. The ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....d to the plaintiffs. The plaintiffs earlier filed Title Suit No. 44 of 1997 for cancellation of the said deed of gift and subsequently withdrawing that suit they have filed the instant suit. The criminal ease on the murder of Basiruddin concluded in the year 1968, and on the other hand, the dee......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......posal of the rule is that Maulvi Basiruddin, husband of plaintiff No.1 and father of plaintiffs Nos. 2-5 were the owners of the suit land and other properties. Moulvi Basiruddin was killed by the miscreants in the year 1967 when plaintiffs No. 2-5 were all minors. Defendant No.1 came forward to cond..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
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