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Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
.... with loaded cartridge. 10. Being aggrieved by the impugned judgment and order dated 24.08.2002 passed by the learned Judge, Metropolitan Special Tribunal No.6, Dhaka the appellant preferred this criminal appeal before this Division. 11. The only point for determination is whether the learned......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......cision in this appeal. 15. P.W.1, Sub-Inspector Enamul Kabir, deposed that he along with constable Hazrat Ali, Abdul Wahab, Islamuddin went on patrol duty on 03.01.1999 at 20.50 hour and when they reached at Jonson Road near victoria park, 3 young men sensing the arrival of police tried to flee a..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......nly one investigation then the complaint case merged with the police case and the complainant loses his individual and separate identity and lost his right to proceed with his complaint. From a plain reading of the section it appears that when there is a complaint case and FIR case over a self sam..Category: Criminal Law | Date: | Hits: 39
....K most arbitrarily andwithout lawful authority started illegal obstruction against the development work of theMetroMakersinModhumoti Project on the plea of Jaladhar Ain,2000. Moreover, RAJUK lodged a criminal case being Savar Police Case No.37, against the Metro Makers and that RAJUK has been obstru......are built on stilts, or on land raised above design flood water level and alignment of structures and raised land to be designed so as not to disturb flood flow; any building or structures must be commensurate with rural land use.
(e) the execution of the development in sub-paragraph (d) should...... of 2003)
Judgment
Md. Muzammel Hossain CJ. -I have gone through the judgments proposed to be delivered by my brothers,Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Surendra Kumar Sinha J.- These appeals ..
Category: Environmental Law | Date: | Hits: 434
....ssary to reproduce section 7/8/9 and 10 of the Chittagong Hill-tracts Regulation, 1900 which reads as follows:
Section 7. The Chittagong Hill-tracts shall constitute a district for the purposes of criminal and Civil jurisdiction and for revenue and general purpose, the 1 [Deputy Commissioner] sha......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......mits with force that the impugned order is absolutely a non-speaking order inasmuch as the Additional Divisional Commissioner, Chittagong Division, Chittagong as Appellate Court without assigning any reason dismissed the appeal in a single sentence. Mr. Kazi Siddiqur Rahman, next submits that a judi..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....ent of entrustment or cheating in the allegation brought. It is further submitted that admittedly the accused No.1 made part payment of loan amounting to Tk. 50,000/-, and as such he can not have any criminal intention of cheating and as such the criminal proceeding initialed against him is not at a...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......od as promised, rather he fled away from the locality of Teknaf and started residing at Khagrachhari along with his family members. The informant, also went to Khagrachhari and tried to get the money realised with the help of local people at Khagrachhari and on 26.7.2002 the accused No.1 admitted ab..Category: Criminal Law | Date: | Hits: 62
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ther stated that at about 10.00 a.m. Shahidul Islam, the brother of the informant, went to the house of Shahinoor for payment of weekly installment of loan of BRAC Society and at 10.15 a.m. when he reached the pucca road on his way home accused Mosta and Milon, with a view to murder him, stabbed h..Category: Criminal Law | Date: | Hits: 60
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....est of the community in justice being done - - --.” 52. Through the above scripted passages Lord Denning revealed how the difficult job of striking the balance between individual liberty, a fair criminal trial, non retrospectivity, privacy and property rights as against official power, are perf...... of human rights violations, felt dismayed at the deplorable state of the remuneration and privilege of the Judges of the Supreme Court of Bangladesh, which, as they reckon, are not enough and not commensurate with their status and duties; The petitioners apprehends that with such an ignominious sce......s of the Supreme Court of Bangladesh, which, as they reckon, are not enough and not commensurate with their status and duties; The petitioners apprehends that with such an ignominious scenario in the realm of the Supreme Court Judges’ salary, independence of the Judiciary may turn out to be a dist..Category: Constitutional Law | Date: | Hits: 413
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....ision of section 148 read with 172 of the Contract Act, 1S72, pledged remains in the actual or constructive possession of the bank and the bank remains liable to account for the goods, both Civil and criminal, in case the goods so pledged or any part thereof is lost, destroyed or deteriorated. In su......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......rtilizer amounting to Tk. 65,69,612/-, which gave rise to G.R. Case No.155 of 2000 (Sadar), arose out of Bogra P.S. Case No.49 dated 13.02.2000, under sections 406/420/409 of the Penal Code. 3. Thereafter, the police investigated into the case. After completion of the investigation and having fou..Category: Criminal Law | Date: | Hits: 97
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......s. The State………………………………………………………………………….Respondent Judgment August 1 of 2006. Result The appeal is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case be..Category: Criminal Law | Date: | Hits: 95
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......of the deceased took her from the appellant's house to her house, that when the deceased was living in her parent's house, at the instance of her mother accused Ful Baru caused her miscarriage and thereafter she was shifted to the hospital where she died. 5. At trial in order to prove the charge ..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....e impugned proceeding on various grounds. Firstly, he submits that the allegations embodied in the first information report, even taken as it is do not constitute any offence either of cheating or of criminal breach of trust. Secondly, he submits that since in the first information repot there is no......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......harge sheet against the accused petitioner under sections 408/420 of the Penal Code. 4. The accused petitioner was arrested on 27.07.2005 and subsequently he was enlarged on bail on 28.07.2005. Thereafter, the case was transmitted to the Court of Additional District Magistrate, Kushtia for trial...Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....….Appellant Vs. The State…………………………………………………………….Respondent Judgment March 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it ......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......ioner Road under No.8, Sreepur Kharandwip Union under the police station of Boalkhali, Chittagong, under the Food for Works Programme. The main purpose of reconstruction of the road was confined to spread in bricks on the road and that the project committee was constituted under the Chairmanship of ..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......ntive evidence, yet P.W.1, the informant having clearly stated in the First Information Report that 17/18 days before of the alleged occurrence Shaheda was married to accused Labai and if the same is read with the statements of P.W.17 made before the Upazilla Magistrate under section 164 of the Code..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ful or improper behavior’. 15. In the present case the allegations of fabrication of a demand letter, its false attestation and filing to the concerned Ministry are not only misconduct, but also criminal offence punishable under the law. We do not find any substance in the submission of the lea......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......on) signed by the Deputy Secretary, Branch-8 of the Ministry (herein respondent No.6). The writ petitioner claimed that the order was passed without serving him any prior notice and assigning him any reason whatsoever. 3. Bangladesh represented by the Secretary, Ministry of Expatriates’ Welfare..Category: Constitutional Law | Date: | Hits: 407
Shamsul Alam Pathan Vs. State and M/S. Rahimafrooz Distribution Ltd., 2010, 39 CLC (HCD)
....f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ......f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ......f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ..Category: Criminal Law | Date: | Hits: 101
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....Md. Ali Madbar went to the house of defendant Nos. 1 and 2 and paid them Tk. 4,000/- and requested them to execute and register kabala they assured him that they would do the same after finishing the criminal case in the name of the husband of defendant No.2 and that in the meantime, Iman Hossain el......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ...... letters to the plaintiff as well as to his father asking for money and accordingly Tk. 2000/- was paid on 19.01.87 to the defendants through P.W.3 Chhitu Khan by the plaintiff as advance and that thereafter in the month of June, 1988 the plaintiff along with Md. Ali Madbar went to the house of defe..Category: Property Law | Date: | Hits: 103
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......tion 241A Section 241A of the Code of Criminal Procedure does not authorizea Magistrate to pass arbitrary order of discharge. He has to comply with certain requirements. He must assign cogent reason and should come to a finding that the charge is groundless and in doing so, in a complaint ca..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ...... dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in Special Case No.10 of 1989 arising out of CR Case No.6 of 1987 under sections 409/467/471 of the Penal Code read with section 5(2) of Act II of 1947 but convicting the appellant under section 409 of the Penal..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......der dated 22‑2‑90. 3. It appears from the order dated 10‑12‑86 that the proceeding of the case was stopped and the accused released under section 339C of the Code of Criminal Procedure. Thereafter by order dated 26-2-87 case was revived in pursuance of Ordinance No.3 of 1987 published in ..Category: Procedural Law | Date: | Hits: 95
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....ing authority. 6. Mr. Manzill Murshid, learned Advocate appearing in support of the Rule submits that since the matter has been dealt with by a Court martial there cannot be any further criminal prosecution in view of Article 35(2) of the Constitution. However, he points out that the r......tion 325 of the Penal Code and carries a sentence of imprisonment which may extend to 7 years and also is liable to fine. It appears to us that the punishment meted out by the Court martial is not commensurate with the gravity of the offence under the penal laws. We also note that in the process of ......urity officials, who, as it transpired, are all officers of the Bangladesh Air Force, refused to accept service of the notice of this Court on the pretext that they were not properly identified. Thereafter, through the assistance and cooperation of the Civil Aviation Authority, full identification..Category: Others | Date: | Hits: 87
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