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Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......no license from under the cot of his room and handed over those to the informant. The informant prepared a seizure list of recovered arms and ammunition and took the signature of the witnesses and thereafter lodged F.I.R. with Keranignaj Police Station. 3. Police after investigation submitted cha..Category: Criminal Law | Date: | Hits: 65
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......n 7-2-93 his objection was rejected. The authority found that the property is required for public purpose and for public interest and sent the proposal to the Divisional Commissioner for approval. Thereafter notice under section 6 (1) (3) of the Acquisition and Requisition of Immovable Property Ordi..Category: Property Law | Date: | Hits: 85
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. ......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. ......cedural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Bangladesh, 16 BLC 54; Golam Sarwar Hir..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. ...... 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. ...... 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. ..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. ......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. ...... at sufficient length to satisfy himself as to the veracity of the naraji petition and as to any points on which he is silent, or on which there may be doubt. If he finds that there is no prima facie reason to distrust and the facts constitute an offence under the law, it would be incumbent on the p..Category: Criminal Law | Date: | Hits: 138
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....ubrata Chowdhury, Advocate - For the respondent No.4. Writ Petition No. 9905 of 2007. Judgment Mohammad Abdur Rashid J.- The above Rule Nisi was obtained challenging the continuation of the criminal proceeding in Metropolitan Special Case No.149 of 07 arising out of Kotwali P.S Case No.68 ......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. ......ade an accused. After investigation, the respondent No.6, Assistant Director submitted charge sheet on 04.11.07 against the petitioner and others under aforesaid section 409 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947). After submission ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....hind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keeping in mind the provision of Article 35 of the Constitution which provides that an accused of a criminal offence shall have the right of a speedy trial. Speedy trial also has been incorporated in ......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. ...... given i.e. for public interest certain cases are to be tried by Druta Bichar Tribunal. …………………….(15) The Druta Bichar Tribunal is empowered to try the offences of murder, rape, firearms, explosive substance and drug. On each of the categories of the offences, normal Criminal Cou..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. ......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. ......egal consequence. 2. Facts giving rise to this Rule Nisi, briefly, be put thus:- 3. The petitioner joined the service of the Respondent No.1 in September, 1966 as a Lower Division Assistant. Thereafter he was promoted to Upper Division Assistant and then to the post of Section Officer in 1989 ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be looked into. The accused persons must be presumed to be innocent until the guilt is proved by cogent and credible evidence……………………………..(37) A Judge does not preside over a criminal trial merely to see that no innocent person is punished. A Judge, also, presides to see tha......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. ......ence 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 guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ...... ideal person that does not make mistakes……………………(38) When the language of any statute e.g. each sub-section of section 25B of the Special Powers Act, 1974 are clear on its plain reading, the Court has got no power or authority to alter the language of the said sub-sections to g..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
.... 31-07-2000 passed by Additional Metropolitan Sessions Judge, 2nd Court, Chittagong in Criminal Motion No.733 of 1999 (Metro) [(renumbered from Criminal Motion No.445 of 1998 (Sessions)] allowing the criminal Motion and setting aside the order passed by Metropolitan Magistrate, Chittagong in CR No.3......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......set-aside the order dated 09-07-91 of the Magistrate framing charge against the petitioner with direction to hold further hearing on charge giving both the parties an opportunity of being heard. Thereafter on hearing both the parties the learned Magistrate framed charge against the petitioner only..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... come to a decision on the basis of the materials on record.……………………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its v...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......istered deed which is prima facie based on some documents of title of its vendor cannot be nullified as a forged document when the vendor himself came before a Court and stated on oath that he is the real recorded owner supported by the records of right both old and new. It is only a competent civil..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....desh..............Opposite Party Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a specific case against the detenu...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......rcumstances, we have no option but to release the detenu as there is a specific case against him and the same is the subject matter of the detention order. 6. It is to be stated here that the Preamble of Act XIV of 1974 reads as follows:— "Whereas it is expedient to provide for special..Category: Criminal Law | Date: | Hits: 66
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......atian No. 194 was annexed as Annexure-Y (4) but no Gazette could b Produced. After final publication of the record-of rights, an aggrieved person may institute a suit before the Land Survey Tribunal created under section 145 A of the State Acquisition and Tenancy Act, 1950 by the Act IX of 2004 and ..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....so be said to have committed the murder of deceased Panna in furtherance of their common intention to kill him. Section 34 of the Penal Code lays down a principle of joint liability in the doing of a criminal act. To invoke section 34 successfully, it must be shown that the original act complained a......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......ranch Alam) Moti and 20/25 others armed with deadly weapons like Shot Gun, Cut Rifle, Pipe Gun, Ram Dao, Bombs, etc. led by accused Ershad Ali Sikder illegally entered into No.2 Rail line within the area of Ghat No.7 and caught hold of the deceased Md. Panna, night guard of the area, and accused Ers..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.....1 and 3. However, with regard to the standard of proof, whether the case is to be proved on a balance of probabilities or beyond reasonable doubt, I could not agree with Mr. Razzaque. Certainly in a criminal case the standard of proof is 'satisfaction beyond reasonable doubt.' I would also agree th...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... (iv) Under the name of 'Shamprodayek Songpriti Shangrakhan Parishod Central Committee', published false statement against the Petitioner inviting the voters not to vote for the Petitioner for the reasons stated in the leaflet/pamphlet, thereby committed an offence under Article 73(3) and (4) of ..Category: Election Law | Date: | Hits: 300
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... Naima Haider J Md. Daud Nabi Alias Daud…………………………Petitioner Vs. The State…………………………Respondent Judgment December 14, 2009. Result: The criminal revision is disposed of with modification of sentence. The Penal Code, 1860 (Act No. XLV...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......, Assistant Attorney-General, Mahbub-Ul-Alam, Assistant Attorney-General - For the State. Criminal Revision No.595 of 2009. Judgment Naima Haider J.- This Criminal Revision under section 439 read with section 435 of the Code of Criminal Procedure is directed against the Judgment and order d..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....rises out of a proceeding initiated against a Judge before the Supreme Judicial Council. The Supreme Court of Pakistan held as under: "Moreover, an inquiry into the conduct of a Judge is neither a criminal indictment nor even a quasi-criminal proceeding but it is, in our opinion, mainly an admini...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/harassment must be treated as direct and in our social condition the evidence of the victims cannot be brushed aside. ..Category: Employment/Service Law | Date: | Hits: 169
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......ction 420 of the Code of Criminal Proceeding against the accused petitioners. 7. Mr. MA Aziz Khan appearing on behalf of the accused petitioners submitted that there is no ingredients of Criminal breach or cheating and dishonestly inducing delivery of property as alleged by the complaint in his p..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....s of the case. The interference will be justified when Court fails to impose proper sentence which may result in miscarriage of justice…………………24 Shaping/Choosing Sentence The criminal and not the crime must figure prominently in shaping the sentence. Reform of the individu......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......860 (Act No. XLV of 1860); Section 304, Part II. The Evidence Act, 1972 (Act No. I of 1972) Suggestion without being proved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is co..Category: Criminal Law | Date: | Hits: 118
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