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Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....ds the conclusion that reasonably follow is that an offence under section 304A/34 of the Penal Code do not lie against the accused-petitioner. 10. Mr. Islam also submits that facts revealed from FIR and charge sheet and other records do not disclose any negligence on the part of the accused-pet......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......of the developers only." 25. This agreement was followed by another agreement executed on 18-8-2002 between defendant No.3 and the developer-company making provision for constructing 2(two) more stories subject to the approval by the Cantonment Board. The first two paragraphs of the preamble of..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ivision praying for the following relief: “To issue a Rule Nisi upon the respondents to show cause as to why necessary directions should not be made that the documents of the impugned Non-FIR Case No.131 of 2002 dated 08.05.2002 of Dhanmondhi Police Station, Dhaka (Annexure-G) and such o......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
.... a Division Bench of the High Court Division in Criminal Miscellaneous Case No.20319 of 2010. 3. Short facts necessary for disposal of this Leave Petition are that on a First Information Report (FIR) lodged by an Assistant Director, Durniti Daman Commission, District Coordinate Office, Barisal,......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
.... facts relevant for disposal of the Rule are briefly stated below. An Inspector named Abu Sayed Khan of the District Anti-Corruption Bureau, Munshiganj lodged a First Information Report (shortly FIR) on 30-4-1989 with the Sirajdikhan Police Station. He alleged that the present petitioner Sohrab......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....gorous imprisonment for one year with a fine of Taka 6,800 in default to suffer rigorous imprisonment for two months more. 2. The prosecution case as stated in the First Information Report (FIR), in brief, is that, on 11-2-2003 the Upazila Project Implementation Officer lodged an FIR with ...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....h the proceedings in the following grounds:
"(i) Where it manifestly appears that there is a legal bar against the institution or continuance i.e., want of sanction etc.
(ii) Where the FIR or complaint petition does not disclose any criminal offence at its face value.
(iii) Where......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....rt may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti-Corruption Commission, Head Office, Dhaka, lodged FIR with Ramna Police against 7 persons including accused-petitioner Begum Khaleda Zia alleging that......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....er which might have put stigma for her whole life. On the basis of the said first information report Mohammadpur Police Station case No.07 dated 19-1-2006 under section 9 (4) (kha) [as written in the FIR, though in the law there is no such section] of the Nari-o-Shishu Nirjatan Daman Ain, 2000 was s......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....the allegation that the accused was practicing fraud upon her, obtained her consent to have sexual intercourse and they lived together as husband and wife. Such manner of occurrence as alleged in the FIR is preposterous and suffers from infirmity and improbability. The consent of the victim was not ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
.... may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as follows: 3. One victim informant Mrs. Shereen Sahia alias Sweatee lodged the FIR stating that the accused-petitioner Masud Mahiuddin alias Masud committed rape on her by deceitf......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
.... Judgment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis of confessional statement made by FIR name......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....ies by corrosive substance while they were sleeping on the verandah of their house. Victim Anita was shifted to the local hospital and then to Dhaka for treatment. Shrimoti Chaloky (P.W.1) lodged and FIR over the incident narrating the above facts. Prosecution in support of its case examined 16 w......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... amounts to an abuse of the process of the Court. (iii) Where there is a legal bar against the initiation or continuation of the proceeding. (iv) In a case where the allegations in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirely, ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....iction and sentence. The reference, criminal appeal and jail appeals have been heard together and are being disposed of by this common judgment. 2. The prosecution case, as projected in the FIR and also unfurled at trial, in short, is that in the night following 9-11-1998 at 11-00 PM the i......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
.... Rahman alias Mati convicting him under section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in the FIR and also unfurled at the time of trial, in short, is that deceased Tarun Kumar Saha is the young......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
.... also against the petitioner on 25-1-1988 before the Subordinate Judge and 1st Commercial Court, Dhaka, in Money Suit No.18 of 1988 for realizing the aforesaid money in question. After lodging of the FIR the petitioner on 5-4-1993 voluntarily surrendered before the Chief Metropolitan Magistrate......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....proceeding amounts to an abuse of the process of the Court; (3) Where there is a legal bar against the initiation or continuation of the proceeding; (4) In a case where the allegations in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......ow attempting to get the scoop from the proceed of the sale of the vessel MV ACCORD, that is now lying with the registrar of the Supreme Court of Bangladesh, by filing suits with false and fabricated stories although in the meantime the said Admiralty suit No. 5 of 2004 and Admiralty Suit No.16 of 2..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... the stage of investigation is not maintainable. In other two writ petitions the High Court Division held that the writ petitioners have no locus-standi to challenge the authority of filing an FIR by the informant-respondent against them and that the writ petitions are not maintainable. ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
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