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Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
.... rent which does not show the actual position of the lands and MR Khatian also not been prepared but the fact is plaintiff possessed the suit land from 1952. Defendant No.4 by his own man, instituted criminal case in Miscellaneous Case No.6 of 1988 under sections 147/447/379/307/427 of the Penal Cod......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......issed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it must be adequate in continuity, publicity and exte..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....arned advocate for the petitioÂner has frankly expressed his difficulty in pressing the Rule in view of the amended provisions of the Code of Criminal Procedure providing for time limit in disposing criminal cases. The learned Advocate found himself handicapped in making any submission in view of t......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......tice is bound to defeat the purpose of section 339C Cr.P.C. and if anything thrives, it must be the injustice and tyranny at the hands of interested and designing persons. The High Court Division can really help very little because no provision is found in the Code of Criminal Procedure under which ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....imprisonment for life with fine of Taka 5000 in default to suffer rigorous imprisonment for 1 year more vide judgment dated 29‑4‑1993. 6. Being aggrieved both convict appellants preferred this criminal appeal. 7. Learned Advocate appearing for the appellant submits that informant stated pr......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......e saw injury on abdomen and right side of chest of Jamiruddin who tried to speak out something but it was not clearly understandable. He was taken to Jhinaidha Sadar Hospital, wherein he died during treatment at 3‑30 PM on 15‑4‑1992. Informant Golam Mostafa then lodged information report in Sh..Category: Criminal Law | Date: | Hits: 93
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....n by the Police so long………………………………….(5) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C (4) There is specified period for concluding trial of a criminal case under section 339C(4) of the Code of Criminal Procedure. If the trial of the case is n......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ...... the Code of Criminal Procedure. If the trial of the case is not completed within 360 days, if the accused is in custody, he should be released on bail even in the case of non bailable offence unless reasons are found by the Court to take the decision otherwise.………………………………â€..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....s mentioned in clause (b) or (c) of section 195(1) in or in relation to a proceeding of that Court; formation of an opinion and recording of a finding by the Court making the inquiry initiation of criminal proceeding in the form of complaint. 15. Section 476 itself does not speak of any finali......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......y which the learned Joint District Judge, 1st Court, Lakshmipur in Miscellaneous Case No.41 of 1986 forwarded under section 476 of the Code of 1898 a copy of that order to the Court of Magistrate to treat the same as a complaint against the petitioner with allegations that the petitioner committed o..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
.... Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); sections 342, 344 The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); section 138 The criminal case should be disposed of with the least possible delay. Even mere pendency of earlier Civ......he fag end of trial of the criminal case, such an application praying for stay order was not at all justified and entertain able. The object of section 344 of the Code of Criminal Procedure is not commensurate with the prayer for stay in the present case. Policy of law is that the criminal case shou...... No. 1. Md. Shahidul Islam, Deputy Attorney General — For Opposite Party No. 2. Criminal Revision No. 637 of 2007. Judgment Khondker Musa Khaled J. - On an application under section 439 read with section 138 of the Code of Criminal Procedure, the Rule was issued calling upon the opposi..Category: Procedural Law | Date: | Hits: 128
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....¦â€¦Appellant Vs. State…………….Respondent Judgment April 27, 2008. Result: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands m......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. ......5) 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 doubt on the basis of clear, cogent and credible evidence and that onus of proving everyt..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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 79
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....tion or propÂerty. (Ram Das Vs. State of UP AIR 1974 SC 1811)………………………(15) The Penal Code, 1860 (Act No. XLV of 1860); section 405 First Information Report and the offence of criminal breach of trust To constitute an offence of criminal breach of trust, the First Informat......bmits that admittedly, the petitioner and others after taking loan made part payment of the loan amount along with interest to the bank and, as such, it cannot be said that the accused-petitioner had mens rea to deceive the bank in not making payment of the remaining loan amount and interest and, as......opÂerty. (Ram Das Vs. State of UP AIR 1974 SC 1811)………………………(15) The Penal Code, 1860 (Act No. XLV of 1860); section 405 First Information Report and the offence of criminal breach of trust To constitute an offence of criminal breach of trust, the First Information Report..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....w the personal laws of those subjects. 19. Mr. M Nurullah lastly placing the decision reported in 47 DLR 18 (Meher Negar Vs. Mojibur Rahman) urged for deciding the question of maintainability of a criminal proceeding that may be filed under section 488 of the Code of Criminal Procedure after the ...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......indu Law. At the time of marriage the father of the opposite party gave Jautuk to the present petitioner and a son and a daughter were born out of their wedlock and subsequently the daughter died. Thereafter in the month of Ashar, 1394 BS the petitioner sent the opposite party No.1 to her father’s..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....able homicide which is punishable under section 304 Part-II of Penal Code……………………(39) The Penal Code, 1860 (XLV of 1860); section 34 Principles of joint liability in doing of a criminal act Section 34 of The Penal Code lays down principles of joint liability in doing of a c......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. ......, oral and circumstantial and not by an isolated scrutiny. Case of the prosecution is, also, required to be judged taking into account the overall features of the case with a practical, pragmatic and reasonable approach in appreciation of the evidence led to drive home the guilt of the accused perso..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. ......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. ......situated on No.6, Azimpur Super Market adjacent to Azimpur Graveyard. Spot of crime is public place and occurrence time was stated to be 22-10 hours and that incident hour was busy hour in a crowded area like Azimpur Super Market which is adjacent to Azimpur Graveyard. Names of Tazul Islam and Faroo..Category: Criminal Law | Date: | Hits: 125
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....session and running of the fish gher by the accused‑opposite parties. At this the accused opposite parties became furious and again threatened the complainant‑petitioner to implicate him in false criminal cases and also to harass him by arranging detention order against him. The complainant peti......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. ......he complainant‑petitioner through accused opposite party No.3, Sub‑Inspector of police also attached to the said police station, to pay an illegal gratification of Taka 50,000.00 and held out a threat that if he refused to do so he would create disturbance in various ways in running his fish ghe..Category: Criminal Law | Date: | Hits: 130
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....the disputed plot No.1545 which has total area of 33 decimals on the basis of sale deeds Ext. V series. There is no scope for deciding the tide of the accused on the basis of aforesaid documents in a criminal case as done by the learned Sessions Judge over looking that P.Ws. by kabala Ext. 5 also pu......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. ...... 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 informant party (accused in that case), dis..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......n under section 115(1) CPC can interfere with the findings of fact as the final Court of facts only in exceptional circumstances when the findings are shockingly perverse or these are vitiated by non reading and misreading of the material evidence or mis-construction of any important documents affec..Category: Procedural Law | Date: | Hits: 111
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. ...... who was tried in Sessions Case No.138 of 2003 arising out of Haluaghat Police Station Case No.2(1)03 corresponding to GR No.5(2)02 by the learned Additional Sessions Judge, In Charge, First Court, Mymensingh convicting the appellant under section 387 of the Penal Code and sentencing him thereunder ......tands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of sections 386 and 387 of the Penal Code are confined to cases which remain only upto the stage of 'threat', but once the act of extortion is actually committed, secÂtions 383 and 384 of the Penal Code..Category: Criminal Law | Date: | Hits: 62
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
...... a right he can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27)
Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairn..
Category: Administrative Law | Date: | Hits: 299
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....uthority must act bona fide and comply with all requirements of law failing which the restriction order will become void and unlawful………(11) Although the Government's concern for holding war criminals trial is appreciated however the High Court Division cannot condone the Government's act t......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......t Division cannot condone the Government's act to restrict the citizens from going abroad to perform their religious rites, for example, Umrah or to get medical check up or for any other humanitarian reason. In the face of clear and unambiguous provision of Article 36 of the Constitution, to do othe..Category: Constitutional Law | Date: | Hits: 147
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. ......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. ......er of the Court on 03.12.2006 and during investigation allegations against the accused-petitioner were prima facie proved and thus submitted charge sheet. Mr. Mobin further submitted that trial had already commenced and 3 (three) prosecution witnesses have already been examined in the meantime and a..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. ...... 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. ...... caused severe blood injuries, when he and his wife went to rescue him, the other accused persons inflicted several injuries on them and the accused persons snatched away Tk.10,000/- from his son. Thereafter the victim Majedul, niece Abeda Begum were taken to the Upazila Health Complex and doctor tr..Category: Criminal Law | Date: | Hits: 87
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