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Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....of the case read with the apparently inconsistent versions of recovery of arms given by different witnesses makes the prosecution case doubtful. 12. Furthermore, the P.Ws. 1 and 3 are members of a criminal family which seeks toimpair their credibility as witnesses. It is unsafe to place reliance ......liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......itnesses all others admittedly came to the spot having heard the hue and cry raised by them and, as per FIR, after they had seized of the accused and the arms. Relevant portion of the FIR (Exhibit-1) reads as follows: “আমি ও আমার সতিন জোহরা খাতুন স..Category: Criminal Law | Date: | Hits: 84
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......d in his presence. He can not remember whether in the F.I.R it has been written as testing kit. Excepting the quantity of heroin reserved for chemical examination, the remaining Alamats were sent to treasury. But he can not remember whether he stated so in his examination under section 161 of the Co..Category: Criminal Law | Date: | Hits: 112
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....blance with the forged cheques which indicates that security personnel deputed to monitor printing process of cheque books, by their negligence contributed to commission of forgery. There is also a criminal case filed by the plaintiff on the occurrence. The defendant is liable for negligence and......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......which is missed by the trial court. 3. The case set out in the plaint, in short, is that the plaintiff and defendant No.1 are bankers and carry on banking business through various branches spreading over the country. Plaintiff bank has a branch of it at Kawran Bazar, Dhaka, wherein Dhaka WA..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....ssions Courts are named by Senior Judicial Officers unlike the Court of Magistrate. The petitioner should rather be happy as his case is being tried by a Senior Judicial Officer who is well versed in criminal law. By the amendment of clause (c) of Section 141 of the Negotiable Instruments act, the p......cause as to why the proceedings in Sessions Case No.553 of 2006 under section 134 of the Negotiable Instruments Act 1881, now pending in the Court of the learned Assistant Sessions Judge, 2nd Court Mymensingh should not be quashed. 2. The opposite party No.2, Apu Mohammad Hossain on 30-3-2005 fil......n amount of Taka 6,00,000 (Six lakh) and another on 21-12-2004 for an amount of Taka 6,00,000 (Six lakh) to be drawn from an account maintained by the accused with Janata Bank, Vajuka Branch, that thereafter the complainant on 07-02-2005 presented the said cheque in his account lyingwith Islam Bank ..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....f shrimp valuing Taka 4.29 crore in the local market by sustaining a loss of Taka 2.50 crore. 6. It is further stated that the case was also referred to the Bureau of Anti‑Corruption to initiate criminal proceedings against the petitioners. Ultimately, the Bureau of Anti‑Corruption submitted ......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......n the factory by random selection. After being satisfied about the quality and size by all the above agencies necessary certificates were issued by the said agencies for exporting the goods. 3. Thereafter the goods of the petitioner were carried from the cold storage to the port for loading in th..Category: Civil Law | Date: | Hits: 140
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....was not included in the list published by the respondent No.2 because of an adverse report by the Special Branch of Police. The report contained that although the petitioner was found not guilty in a criminal proceeding in Patuakhali but because of his active political involvement with a student org...... the service of the Republic must be applicable to all citizens and indeed should be consistent with the doctrine of the equality of opportunity. The framers of the Constitution definitely attached immense importance to the service of the Republic and guaranteed equal opportunity under Article 29. T......is involvement with a particular student front, of a political party and victimizing and subjecting him to discrimination, show a mala fide intention on their part. 16. Lastly, he submits that the reason expressed by the respondent No.2, that it was not satisfied with the character or antecedent ..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....ew of ours finds support from the decision in the case of Jaibar Ali Fakir Vs. The State reported in 28 BLD (HCD) (2008)627. 31. Place of occurrence is one of the most pertinent aspects of a criminal case. In this case P.Ws. 2 and 4, who are claimed to be the companions of the victim Rony a......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ...... (P.W.4) and Badsha Mia (P.W.2) told him that on the same day i.e. 2.6.1998 at 7-30 P.M. they, along with his nephew victim Rony, were going by Rickshaw towards Jatrabari from Kazlarpar and when they reached near a garage some 5/6 unknown young men stopped their Rickshaw and abducted them with inten..Category: Criminal Law | Date: | Hits: 98
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......ant Sessions Judge deemed to be Additional Sessions Judge, Patiya, Chittagong. 5. We have perused the judgment of the learned Magistrate who tried the case. The learned Magistrate has given cogent reasons for disbelieving the witnesses and acquitted the accused persons of the charge brought again..Category: Procedural Law | Date: | Hits: 130
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ...... Sessions Judge may also exercise the revisional powers. In Biswas's Encyclopaedic Law Dictionary, the word "deemed" has been given the following legal meaning:-"Deem." The word "deemed" is used a great deal in modern legislation. Sometimes, it is used to impose for the purposes of a statute an ar..Category: Procedural Law | Date: | Hits: 116
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......over telephone that his brother, Hanif Sarker, who was an employee of Data Shoe Company and residing at Boro Dewra village of Tongi Police Station, was murdered in the last night at his own house. Thereafter, the informant rushed to the house of his brother Hanif Sarker at the place of occurrence an..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......dditional Sessions Judge framed charge under sections 324/34 of the Penal Code against accused opposite party Nos. 3‑6 namely, Delu Miah, Darog Ali, Anwarullah and Shafi Ullah he did not assign any reason for acquitting them from the charges. He further submitted that the learned Additional Sessio..Category: Criminal Law | Date: | Hits: 76
....
14. In the instant case we, therefore, find that the proceedings before the Martial Law Court was wholly without jurisdiction and it was also malafide and it was a mockery of trial in the name of criminal justice.
15. In the result, this Rule is made absolute. The Judgment and order of the Su...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......rgeon at Galachipa in the District of Patuakhali, on the basis of a written complaint by one Fazlur Rahman who complained that he had gone to the accused on 17‑11‑77 requesting him to attend and treat two heads of cattle on a private call at which the accused demanded Taka 300.00 being the price..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......mily Courts Ordinance without noticing that in section 26 Legislator has stated that the offences specified in the schedule of the Act shall be triable exclusively by a Special Tribunal whereas in section 5 of the Family Laws Ordinance it is stated that a Family Court shall have exclusive..Category: Family Law | Date: | Hits: 133
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......uent marriages by her husband. On first April, 1993 , P.W.1 came to the house of her sister and from there she came to the house of her father and she came to know of her husband's fifth marriage. Thereafter she came to Dhaka when her husband drove her away. This followed divorce by the husband. ..Category: Family Law | Date: | Hits: 136
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......er Section 19A of the Arms Act, alleging, inter alia, that on the alleged data of occurrence on 17-3-2003 the informant and other police forces were on duty and at about 23-15 PM they appeared at the rear side of House No.18, adjacent to the field of Ibrahimpur Jameul Ulum Madrasha, and found three ..Category: Criminal Law | Date: | Hits: 75
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......sted two workers who used to prepare Keocarpin hair oil. In cross examination he stated that there was no tenant in the house of Ramij Mia. The seizure list was prepared in their presence. While they reached at the house then owner of the house fled away. He denied the suggestion that he was deposin..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....leged occurrence". In the said Miscellaneous case, it has also been recorded that, "We do not find any application was filed before the trial Court for staying all further proceeding of the instant criminal proceeding as required under section 344 or any other section of the Code of Criminal Proce......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ...... No.2 has filed Other Class Suit No.26 of 2003 before the Joint District Judge, 2nd Court, Cox's Bazar on 16.04.2003, for permanent injunction claiming possession and ownership in the case land. Thereafter, a petition for temporary injunction was filed by the plaintiffs in the aforesaid civil suit..Category: Criminal Law | Date: | Hits: 54
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....er commits murder shall be punished with death, or imprisonment for life and shall also be liable to fine." "Section 34. Act done by several persons in furtherance of common intention.- When a criminal act is done by several persons, in furtherance of the common intention of all, each of such......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ...... Biplop aged about 17/18 years went to the house of Hamidul on 09-03-1996 at 10/11 p.m. to hear tape recorder but they did not come back home; that he searched him here and there but in vain; that thereafter the informant realized that the victim used to go the house of Hamidul very often and used t..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......er further rigorous imprisonment for one month and both the sentences shall run concurrently. 6. The convict-petitioner being enlarged on bail on 19.9.1993 remained on bail till 27.3.2001 and thereafter he absconded till he was arrested on 12.12.2004. 7. Thereafter, being aggrieved by the af..Category: Criminal Law | Date: | Hits: 90
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ...... the case of Md. Abdur Rahim and others Vs. Sree Sree Gredhari Jeo 27 DLR 72 held: "S.48 of the C.P. Code provides the maximum of 12 years during which a decree retains its life of excitability whereas article 182 of the Limitation Act provides a period of 3 years from the date of decree for putt..Category: Limitation Law | Date: | Hits: 147
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