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Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....he money which was given for the purpose. The accused persons ultimately denied whole tranÂsaction and refused to pay back the money and thereby misappropriated the same and comÂmitted cheating and criminal breach of trust. 4. The learned Magistrate, after examiÂning the complainant under sect......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......iling previous complaint petition has been totally concealed and nothing is referred to show any averment about the earlier complaint petition containing same allegation, and it does not disclose any reason or fresh cause of action for initiation of the 2nd proceeding. There is no fresh element of c..Category: Procedural Law | Date: | Hits: 108
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......ome of the issues and with difference or contradiction on othÂers. 3. Those issues came up for trial in Family Suit No.59 of 1998 before the learned Assistant Judge and Family Courts, Fulbaria, Mymensingh. The trial Court by its Judgment and order dated 14-2-2000 partly decreed the suit for main......r any of the folÂlowing matters" occurring therein is wide enough to confer jurisdiction on the Family Court to decide a disputed legitimacy in a suit for maintenance or guardianship of a child. The reason is simple. The Family Court cannot decide the issue of mainteÂnance or guardianship without ..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not available to a detenu detained by an order of detention. A preventive detent......sity of a person's detention and was under an obligation to have its satisfaction and opinion based on some materials which may be subjected to judicial review. It was observed that “when such an immense power as to deprive a person of his liberty was conferred by law upon executive authority or i......ment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without trial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....er of the cases, the petitioners are not at all adversely affected or in any way prejudiced. He has also referred to Article 35(3) of the Constitution and has submitted that every person accused of a criminal offence has a right to get speedy trial. According to him to ensure that right, the legisla......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......hat's nearly always late." …………………………..(20) Sessions triable cases implies that a trial in a Court of Sessions was to be concluded in one session. Unfortunately, due to various reasons, a sessions triable case cannot be concluded in one session, even it cannot be concluded in ..Category: Criminal Law | Date: | Hits: 177
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ecorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and submitted FRT in favour of all the accused petitioners on 24.05.2007 being final report No.26. 4. Thereafter the case has been transferred in the Special Tribunal No.01 Natore and renumbered the case b..Category: Procedural Law | Date: | Hits: 142
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......the Negotiable Instruments Act………………………(5) An offence under section 138 of the Negotiable Instruments Act is committed when a cheque is returned by the bank unpaid for any of the reasons mentioned therein provided (1) the cheque is presented to the bank for encashment; (2) the p..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....vertically on the bank, because of the rule "Probandi necessitas incumbit illi qui agit". Although all questions in a civil case are to be determined on preponderance of probability, an allegation of criminal nature in a civil case is to be proved with a higher degree of probability……………â€......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......legation of criminal nature in a civil case is to be proved with a higher degree of probability………………………(27) Bouncing a cheque with an endorsement may make a customer land on far-reaching eventualities, like facing prosecution under section 138 of the Negotiable Instruments Act,..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......per section 177 and 183 of the Code of Criminal Procedure if the aforesaid six different acts were done in six different localities, any of the Courts exercising jurisdiction in one of the six local areas can become the place of trial for the offence under section 138 of the Act and the complainant ..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......nd there beÂing no publication in the daily Bengali newspaper there was failure on the part of the learned MagisÂtrate to comply with the mandatory provision of secÂtion 339B. Section 339B Cr.P.C. reads as follows: "339B. (1) Where after the compliance with the requirements of section 87 and s..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......t. 2. The prosecution case, in brief, is that on 17-06-1999 informant P.W.1 S.I. Md. Shajahan along with A.S.L Sheikh Abdullah (P.W.2), Constable Abul Kasem (P.W.3) were on special duty at Mirpur area. At about 11-30p.m. he received an information from secret source that 5/6 armed terrorist assem..Category: Criminal Law | Date: | Hits: 103
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......e as to why the order of warrant of commitment of sentence of imprisonment passed by the District and Sessions Judge (Acting) and Additional Sessions Judge, Laxmipur dated 2‑6‑97 vide Annexure A treating the detenu as absconder convict Abul Hashem and his order dated 11‑6‑97 vide Annexure B ..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....ter rolls which he received for distribution to the cyclone affected people. An inquiry was made by the Deputy Commissioner through a Deputy Collector who submitted report with recommendation to take criminal action against the petitioner for using forged signatures of four persons written in the co......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......petitioner other four persons did not sign the petition and the petitioner used the name of other four persons in the petition. Definition of forgery is defined in section 463 of the Penal Code which reads as follows: "Whoever makes any false document or part of a document, with intent to cause d..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......lerk to the record section to see the position of the application then he came to learn that on 11-12-2011 the appliÂcation was rejected for default. Because of such order of default a gap has been created between the relation of the client and the lawyer and if the case in not restored to its orig..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......ny's Memorandum of Articles and the accused persons or Company is an agent of a Malaysian Company and hence the present first information report was lodged. 3. The petitioners obtained bail and thereafter filed the present petition under section 561A of the Code of Criminal Procedure before this ..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
.... State………………………..Appellant Vs. Zakaria Kabiraj……………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. ......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ...... Helal is the friend of deceased Tipu and accused Zakaria is the distant brother-in-law of Helal. Accused Zakaria became known to Tipu through his friend Helal. Zakaria is a Kabiraj who used to give treatment to the people to solve their various types of problems. Tipu gave more than Taka 2,00,000 t..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....py of the judgment and order to the Magistrate concerned to take legal action against P.Ws. 1 and 2 and also directed P.W.2 to pay compensation of Taka 20,000.00 to the accused. 5. A Tribunal or a criminal Court is within its jurisdiction to decide whether any of the witnesses in the case deposed......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ...... can be decided by the Magistrate to whom complaint may be filed after inquiry under section 476 of the Code of Criminal Procedure. The Tribunal will be at liberty to proceed under section 476 and thereafter if the present appellants are aggrieved they will have opportunity to challenge that order. ..Category: Criminal Law | Date: | Hits: 72
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......der of conviction and sentence dated 26‑5‑94 passed by the learned Additional Sessions Judge and Special Judge, Court No.3 Tangail in Special Case No.5 of 1992 under section 409 of the Penal Code read with section 5(2) of Act 11 of 1947 convicting the accused appellant under section 409 of the P..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... staying with one motor cycle at village kalakuma and on the basis of the said information they went there and they saw one motor cycle and they did not see any man in that place and sat there and thereafter at night at about 21-00 hours they found that one man was coming through middle field by wal..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....im girl or woman. 18. In this case we have already noticed the charge framed by the Court below which is not in conformity with the prosecution case. In this respect we like to point out that in a criminal case framing of charge properly is very important. It is the function of the conducting law......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......m and others forcibly kidnapped her with the object of raping her against her will. On hearing hue and cry from his wife Adari Bala witnesses came there and he also came from the nearby fish gher. Thereafter, he lodged First information Report Ext. 1. After investigation police submitted charge‑sh..Category: Criminal Law | Date: | Hits: 89
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ty and other six annas share was purchased by Advocate Mannan and Jobed Ali but witnesses Enayet, Hazera and Fakhrul Islam are claiming the same property by virtue of fictitious deed, against which a criminal case bearing G.R. No.45/1985 was pending. On the date of occurrence at dawn maternal uncle ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ...... corresponding to 26th Falgun, 1391 B.S. at 8.0 a.m. P.W.1 Shibli Sadik @ Azam along with his sister's husband Abdul Halim were going to their vilÂlage home from Pirojpur town. On the way while they reached on the road of thana counÂsel then they found that accused namely Nesaruddin Mallick, Jahan..Category: Criminal Law | Date: | Hits: 78
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