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Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

.... 139 of the Customs Act, 1969 (Annexure-B). 3. It has been further stated that the petition­er lodged a General Diary being GD No.1162 dated 27-2-2001 with the Cantonment Police Station, Dhaka. A criminal case being Cantonment Police Station Case No.2 dated 5-3-2001 was also filed against the pe......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......with the Cantonment Police Station, Dhaka. A criminal case being Cantonment Police Station Case No.2 dated 5-3-2001 was also filed against the petitioner under section 16(32) of the Customs Act, 1969 read with section 3(1) of the Import Export Act, 1950 and section 8(1) of the Foreign Exchange Regul..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......rt of Artha Rin Adalat No. 1, Chandpur, (briefly as Adalat) impleading Md. Oliullah, 2. Taslima Begum, proprietor Sahidullah and Brothers, 3. Bashirullah Master, (herein petitioner) as defendants for realization of Taka 31,06,021.20 with interest. After the death of Md. Oliullah, his heirs were subs..

Category: Civil Law | Date: | Hits: 93

Enamul Haque Vs. State, 2010, 39 CLC (HCD)

....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ...... relevant issues, the Magistrate can pass an order of attachment as per second proviso to section 145(4) of the Code, if he considers the case is one of emergency, to prevent occurrence of immediate breach of peace. An interim order of attachment under the second proviso of section 145(4) of the Cod..

Category: Criminal Law | Date: | Hits: 105

Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)

....osed of. Let a copy of this order be immediately trans­mitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......osed of. Let a copy of this order be immediately trans­mitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ...... the eye of law. 3. Mr. Md. Mamun Aleem further submits that the order of appointment of the receiver of the dis­puted property was made on 18-12-2011 and by this time more than two months have already elapsed and in this perspective, the provisions of sub-section (6) of section 144 of the Code ..

Category: Criminal Law | Date: | Hits: 74

Jahirul Haque Vs. State, 2011, 40 CLC (HCD)

....the informant and the accused persons came back to the police station and got admitted accused Billal in Burichang hospital for treatment and arrested both the accused persons under section 54 of the criminal procedure code. Later on a regular case was lodged on the basis of the oral statement of th......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ...... along with her elder son Imran aged about 16 years and daughter Asha Akhter aged 4 years on the advice of her uncle to have a discussion relating to her paternal property. But due to traffic jam she reached at Burichang Bazar at about 22-15 hours wherefrom she hired a rickshaw for going to her pate..

Category: Criminal Law | Date: | Hits: 83

Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......the informant, Lieutenant BN Md. Feroz Khan, RAB-3 Adamjee Nagar, Narayanganj along with accompanied forces on 6-10-2004 when was on Patrol duty for recovering unauthorized arms and arresting the miscreants of Demra, Sabuj-Sutrapur, Motijheel, Khilgoan Shyampur and Narayanganj area, at that time the..

Category: Criminal Law | Date: | Hits: 99

Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....he 4 feet x 42 feet vacant land claimed by the petitioner in fact belongs to respondent No.8 and it has been used as passage for the two neighbours. But since there arose various disputes including a criminal proceeding as stated by the petitioner the parties agreed to settle the dispute by holding ......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......a decision on a land dispute. However he submits that the decision under challenge in the instant case was the out come of the efforts of the parties and the local Ward Commissioner acted in order to reach an amicable settlement and to avoid Court litigation between the parties. 10. We have purse..

Category: Civil Law | Date: | Hits: 74

Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)

....s consummated. Sometime after marriage the defendant went abroad for employment on 22-03-1999 the defendant returned back, and on 30-03-1999 demanded Tk.2,00,000/- to her father as dowry. For which a criminal case under the Dowry Prohibition Act was instituted and the same was pending. Since marriag...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ......e evidence of these PWs are consistent, uniform and corroborative with each other particularly, in respect of leading conjugal life by both of them for about three/four months. There is absolutely no reason to disbelieve the consistent and corroborative evidence of those competent witnesses having n..

Category: Family Law | Date: | Hits: 180

Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)

....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......iction and sentence on a later date on 11‑6‑97 from the local police station and then surrendered on 12‑6‑97. 3. Mr. Khandker Mahbub Hossain, learned Advocate for the petitioners, at first reads sub‑section (1) of section 11 of the Anti‑Terrorism Act and then reads order No.2 dated 25..

Category: Criminal Law | Date: | Hits: 99

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

....o an abuse of the process of the Court or when the quash­ing of the impugned proceedings would secure the ends of justice. (c) Where there is a legal bar against institu­tion or continuance of a criminal case against an accused-person; (d) In a case where the allegations in the First Informa...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ...... April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an over­riding law. From a combined reading of the provisions of section 4 and section 6(1), it is abundantly clear that the authorized ..

Category: Criminal Law | Date: | Hits: 81

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......the prosecution witnesses. The case of the defence was that of innocence. Further defence of accused Ujjal was that he was coming to his father's residence in Dhaka by train from Chandpur and when he reached Kamalapur Railway station he was arrested by the police and that of c accused Golam Rasul wa..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....on their name in the FIR as witness. 106. Section 154 of the Code of Criminal Procedure deals with information in cognizance cases. From a perusal of this section it appears any person may set the criminal law in motion by informant a report under this Section (Abdur RahmanVs.State report in 43 D......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......) it should be an information relating to the commission of a cognizance offence; (ii) if given orally to an Officer-in-Charge of a Police Station, it should be reduced to writing; (iii) it should be read over to the informant; (iv) it should be signed by the informant; (v) its substance should be e..

Category: Criminal Law | Date: | Hits: 89

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

....dice to the accused. This section confers a valuable right of the accused and at the same time gives an opportunity to the court to admin­ister justice in accordance with fundamen­tal principles of criminal justice. It is emi­nent that it is the duty of the court to ques­tion accused properly an...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......nner, subject to the exception in section 105 of the Evidence Act where an accused pleads certain mitigating circumstances exits. Nevertheless, the prose­cution must establish the charges beyond all reasonable doubt. The failure of the accused to bring his case within any of the exceptions does not..

Category: Criminal Law | Date: | Hits: 84

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....6 but that discretion is to be exercised in consonance with the practice of the Court and well settled judicial pronouncements and norms. Before liberation when there was no heavy pressure of pending criminal appeals bail was not allowed to convicts sentenced to more than three to five years. But ev......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ...... The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appellate Court including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on bail if he is sentence..

Category: Criminal Law | Date: | Hits: 87

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

....dient of section 19 A and 19(f) have been proved. 46. Viscount Simon in Starland Vs. Director of Public Prosecution 1944 AC 315(1994) = 2 All ER 13 (HL) observed." "A judge does not preside over a criminal trial merely to see that no innocent person is punished. A judge also presides to see that ......tute offence under section 19(f) of the Act must be conscious possession or actual control and possession or control of incriminating articles constitute offence. To constitute offence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also rec......offence under section 19(f) of the Act must be conscious possession or actual control and possession or control of incriminating articles constitute offence. To constitute offence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also recovere..

Category: Criminal Law | Date: | Hits: 92

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

.... appellants. Golam Kibria, Deputy Attorney-General with Md. Atiqul Karim, Assistant Attorney-General -For the respondent. Criminal Appeal No.3608 of 2000. Judgment Md. Abu Tariq J.- This criminal appeal is directed at the instance of the convict-appellants against the judgment and order...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......er rigorous imprisonment for (four) months more. 2. The prosecution case, in short, is that informant Sub-Inspector of Police was on patrol duty on 9.01.1996 and while the police at about 1.45 A.M reached at Bheudibi bridge under Dhamrai Police Station found some dacoits were in action to commit ..

Category: Criminal Law | Date: | Hits: 86

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

.... plaintiff that within 2/4 days the defendants would dispossess the plaintiff forcibly from his purchased land. The defendants also threatened to implicate the plaintiffs and her husband in the false criminal case and to detain them under Special Power Act and besides that defendants also threatened......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......ate Haidar Ali on 1.2.96 including one tin shade and since then plaintiff appellant petitioner has been enjoying the suit land by mutating his name and paying the rent to the government regularly. Whereas the defendants have no right, title and interest and possession in the suit land at any time an..

Category: Civil Law | Date: | Hits: 94

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....zal Hossain - For the Opposite Party.  Criminal Miscellaneous Case No.1709 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of criminal Procedure was issued upon the opposite party to show cause as to why the proceedings in Met......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......acted to deal with the cases relating to promissory Notes, Bills of ex­change and cheques. It is a special type of law. It has supremacy over general laws. It is enacted specially for the purpose of realization of money of dishonoured cheques…………………………(25) Cases Referred to-..

Category: Criminal Law | Date: | Hits: 70

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......he Trawler and seeing that he challenged the man in the Trawler disclosing his identity as Police when they started firing at them and they also replied by firing for their self defence. Then the miscreants jumped into the water from the Trawler when he alongwith his force encircled the area and the..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....972 of 2006 and Jail Appeal Nos.210 of 2006, 208 of 2006, 329 of 2006, 207 of 2006 and 209 of 2006 have been arisen out of the same Judgment and Order of conviction and sentence. The death reference, criminal appeals and jail appeals have been heard together and are being disposed of by this common ......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......was lodged after 5-30 hours on the same day of occurrence. But there is no explanation as to non-disclosure of the names of the accused earlier. If there would have been a definite case that for any dreadful situation the eye witnesses could not state the name of the accused immediate after occurren..

Category: Criminal Law | Date: | Hits: 158