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Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....d other materials on record disclosed that all legal formalities as laid down in Section 138 of the Act have been duly complied and the materials put forward by the prosecution contain ingredients of criminal offences as contemplated by the Section 138 of the Act against the petitioner. He next subm...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......angonj and obtained bail on 20.10.2008. 3. Next the case record was transmitted to the court of learned Sessions Judge, Narayangonj and the same was numbered as Sessions Case No. 227 of 2009. Thereafter, the case was further transmitted to the court of 4th Assistant Sessions Judge, Naranyangonj..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ...... it may, since in these review petitions, specific question has been raised to the above effect, we need to answer the same with reference to clause (c) of the proviso to section 138 of the Act, 1881 read with section 141 thereof. 10. The question precisely came up for consideration before..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
.... as the case may be, to the holder in due course of the cheque from proceeding with his case to haul up a person here the respondent who commits an offence punishable under the section and to quash a criminal proceeding arising out of such petition of complaint. In quashing the proceedings of t......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ...... Appeal is allowed. There is no absolute bar in filing a petition of complaint before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to section 138 as created in case of filing a petition of complaint after expiry of one month of the date on which the ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
..... Criminal Appeal No.51 of 2003. (From the judgment and order dated 1st July, 2002 passed by the High Court Division in Criminal Appeal No.303 of 1987) Judgment Muhammad Imman Ali J.-This criminal appeal, by leave, is directed against the judgment and order dated 01.07.2002 passed by the......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......that, therefore, the sentence imposed by the High Court Division is illegal. 5. Mr. Shohrowardi, the learned Deputy Attorney General appearing on behalf of the State submitted that in fact for the reasons given by the High Court Division, the conviction under section 302/34 of the Penal Code shou..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....osecution from motive, not examined lest something undesirable comes out from his lips. The best evidence, of which the case in its nature is susceptible, should always be presented. 12. In criminal cases the court cannot proceed to consider the evidence of the prosecution witnesses i......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......ce of occurrence and found the body of his son Mukti lying on a road near the house of Abdus Sattar. Appellants Dipu, Kuddus, Newton and one Ratan and 3 others came out from the house of Sattar and threatened the P.W.1 and his son Manik and thereafter left the place. The informant and others shifted..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....l of the accused petitioner" after the expiry of the period. If directs so, is totally against the norms of judicial ethics and will be considered as interference with the administration of criminal justice. The High Court Division cannot dictate its subordinate courts regulating the ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......ied her on 3rd March, 2012 and that after knowing about the case, he tried to surrender before the Chief Judicial Magistrate but he could not enter into the court premises due to the resistance and threat given by the informant. 4. In presence of such corroborative materials on record, the..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ...... got her name mutated in the relevant record of rights and the defendant No. 2 paid rents to the Government. Defendant Nos. 3 and 4 in collusion with the staff of the defendant No. 4 managed to have created some papers to show grant of lease in their favour. The defendant No.2 filed an application b..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....honor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the drawer, in any criminal action, even though the bank dishonoured the cheque. Accused did not deny that he had ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......Exercise of jurisdiction under inherent power as envisaged under section 561A of the Code to have the criminal procedure quashed is an exception rather than a rule and the case for quashment must be treated as rarest of rare cases so that it can't scuttle or burry a prosecution case on flim..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....gs to be initiated under section 138 of the Act." vide Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 176=21 BLT (AD) 234 .................................(7) So far as the pendency of the criminal case filed by the accused against the complainant about the cheques in question is concerne......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......has not made any distinction between crossed cheque "account payee" or cheque of other kind such as bearer cheque we ordinarily mean. Thus, we find that section 123A of the Act, in no way, creates any bar in proceeding with a case under section 138 of the Act, 1881. In other words, there i..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......gs is Justified on arising of Question of Controversy between Parties- Amendment of the pleadings is always justified if the same is found to be necessary for the purpose of determining the real question of controversy between the parties. Since in the present suit, the real controversy be..Category: Property Law | Date: 21 May, 2013 | Hits: 6
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
...... of 2009 the opposite-party No.2 obtained bail during pendency of the Sessions Case No. 604 of 2009 but remained in abscondance at the trial, therefore, the judgments were passed in absentia. Thereafter, the opposite-party No. 2 could neither be apprehend nor there was any scope for realiza..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....ucted by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal Appeal No.04 of 2002. (From the judgment and order dated 26.10.1999 passed by the high court division in criminal revision No.762 of 1991) Judgment Siddiqur Rahman Miah J.- This appeal arises ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......r to pass higher sentences except the sentence of death in those Sessions cases which were not hitherto triable by an Assistant Sessions Judge, but which are now triable by him as well, deeming or treating him to be an Additional Sessions Judge, consequent upon the charge brought in section 290 o..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....if he gets or obtains a valid and legal sanction from the Government for taking cognizance of the case and finds prima facie case. 37. In this connection it is, pertinent to be reiterated that a criminal offence never abates or destroyed. 38. The learned Advocate for the accused petitioner......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......ioner alleging, inter alia that on 25-2-2011 the informant along with his companion forces while were on petrol duty for Keeping peace in Baitul Aman Jam-E-Mosque at Road No. 7 Dhanmondi residential area they saw that when the pious Muslims (Musallies) were coming out from the Mosque some 10/12 pers..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....airman Vs. Md. Enayetur Rahman reported in 8 LG(2011)AD 153 = 64 DLR(AD)14, the Appellate Division has categorically observed while deposing the issue as to invoking writ jurisdiction for challenging criminal proceedings; the relevant portion is quoted herein......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......Mooring Police Station Case No.7 dated 2-12-2007 corresponding to ACC GR No.15 of 2007 under sections 26(2) and 27 of the Anti-Corruption Act, 2004, rule 15 Gha (5) of the Emergency Power Rules, 2007 read with section 109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......Das died; the police report was submitted with a recommendation to stand trial of this convicted condemned-prisoner, the present appellant. 7. Ultimately charge was so framed which was duly read over and explained to the accused-appellant where he pleaded not guilty and claimed to be trie..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e other hand, Mr. Md. Khurshid Alam Khan the learned advocate appearing on behalf of the respondent (ACC) has strongly opposed the Rules alleging that the writ petitions challenging the initiation of criminal proceeding pending before the Special Judge-3, Dhaka as a special case cannot be brought wi......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......olved in those Writ Petitions are identical one arising out of Motijheel PS Case No. 140 date 29-3-2007 corresponding to ACC GR Case No. 25 of 2007 punishable under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 2. In fact, all these Rules u..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....000 passed by the High Court Division in Death Reference Case No.9 of 1996 with Criminal Appeal No.839 of 1996) Judgment Muhammad Imman Ali. - This criminal appeal, by leave, is directed against the judgment and order dated 10-4-2000 passed by a Di......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......al Sessions Judge. fifth Court, Dhaka for trial where it was registered as Sessions Case No.140 of 1995. Charge framed against the respondent under section of the Penal Code. When the said charge was read over, the accused present pleaded not guilty and claimed to be tried. During the course of tria..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....inal Miscellaneous Case No.3987 of 2004. Judgment KM Kamrul Kader J. - The supplementary affidavits do form part of these applications. 2. These Rules were issued in the above numbered criminal Miscellaneous Cases upon 4(four) separate applications filed by 4(four) accused petitioners......, combat system and helicopter. b. Offers by DAEWOO, ROK stands are the 4th, 6th and 7th lowest as per various terms of payment. These offers generally meet the tender specifications as far as dimension, hull and engineering, seamanship gears, navigation equipment, sensors and combat system, we......4 Rules were disposed of. 8. Short facts relevant for the purpose of disposal of the Rule, in brief, are that one Mir Md. Joynul Abedin Shibli, an Anti-Corruption Officer (Task Force-3) of the Bureau of Anti Corruption lodged a First Information Report with the Tejgaon Police Station, which was..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....3. Result: The Rule is made absolute. It is abuse of the process of the Court to prevent in exercising the inherent power of this Court conferred under section 561A of the Code of criminal procedure- The alleged act of the petitioners do not attract section 406 of the P......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......y obtained the tin sheet fraudulently inducing anybody to part with the same to him. Furthermore the proceeding cannot continue against the petitioner alone as the abettor of the offence of criminal breach of trust punishable under section 406 of the Penal Code without the principal offender of such..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......Commission Rules, 2007 Rule 10, which requires submission of police report within a stipulated period of 60 days is directory in nature......(9) Rule 17 Rule 17 of the Bidhimala, has already empowered a Deputy Director of the Commission to issue an order under section 26 of the Anti-C..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
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