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Jewel Vs. State, 2005, 34 CLC (HCD)
..... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ...... at about 12.30 A.M. they received on information to the effect that 15/20 persons being armed with hand bomb and other weapons were taking preparation for committing cognizable offence at Wise ghat area. So acting on tip off police personnel rushed to 5/1 Abdulla Market at wise ghat area. Sensing t..Category: Criminal Law | Date: | Hits: 85
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....petitioner to sustain convict and sentence so awarded upon him. 13. The only question that survives for determination in this rule is whether the inherÂent power under section 561A of the code of criminal Procedure can be exercised in quashing the impugned Judgment and order of conviction and se......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediateÂly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......tness in this case; that the trial Court did not follow the provisions of sections 367 and 342 of the Code of Criminal Procedure, that the prosecution has hopeÂlessly failed to prove the case beyond reaÂsonable doubt and that the trial Court illegally convicted the petitioner and as such the Judgm..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......sh Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/- for exchange of their forged land properÂty. On 20.4.2007 at 12:00, accused Md. Anwar Ali and Md. Latib Ali threatÂened the complainant to give them the said amount of money and withÂdraw the suit. Accused Md..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and anothÂer, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......to the assurance of the accused-petitioner again on 09.11.2006 preÂsented all the said 7 (seven) cheques for encashment but this time too all the cheques were again bounced for insufficient fund. Thereafter the complainant through its Advocate served a legal notice under section 138 of the Negotiab..Category: Criminal Law | Date: | Hits: 138
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......otification dated 8‑11‑72, appointed the administrators of Union Panchayet Committee to perform all the functions as provided under the Muslim Family Laws Ordinance, 1961 within their respective areas. It is clear that this notification dated 18‑11‑72 was not placed before the Court at the t..Category: Procedural Law | Date: | Hits: 105
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....y be made to the decision in the case of Anti-Corruption Commission Vs. Mahmud Hossain reported in 61 DLR (AD) 17. In that decision, it was observed in paragraph 13: "13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before h......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ...... petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of the Special Case No.20 of 2007 under Section 5(2) of the Prevention of Corruption Act, 1947 read with Sections 409/109 of the Penal Code, 1860, now pending before the 3rd Court of the Special ..Category: Criminal Law | Date: | Hits: 99
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......kter who was standing there at Chicken shop. Having had heard the incident from her, they took him to Comilla Medical College Hospital in critical condition. Then he was referred to Dhaka for better treatment but on the way he succumbed to injuries. 3. The Police after investigation submitted cha..Category: Criminal Law | Date: | Hits: 98
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....tted that the MoU is a tangible property, which has a value and therefore taking advantage by its use, whilst it has been kept with the accused-petitioner and other accused of the complaint case is a criminal breach of trust. He further submitted that the complainant-opposite-party No.2, is a co-own......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transÂmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......, accused No.1 kept the MoU with Md. Golam Mahbub, Company Secretary, the accused-petitionÂer with an understanding to get the MoU signed by those who did not sign it as they were not present and thereafter to provide authenticated copies of the same to all the Directors, On 17-8-2004 Md. Nazrul Is..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....t arbitrarily and capriciously and must be given due opportunity to prove his case against the alleged wrong doer if on initial scrutiny is found that his allegation does disclose the commission of a criminal against an accused. 20. Under section 265C Cr.P.C. It is duty of the Court of sessions u......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......nt-General with Salma Rahman, Assistant-General - For the State. Criminal Revision No.1025 of 2010. Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against th..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......n default to suffer simple imprisonment for one year along with another. 2. The prosecution case, in brief, is that, one Azizur Rahman Talukder, Inspector of Customs was on duty in transit lounge area, Zia International Airport on 10‑9‑91 at about 1‑30 hours and at that time Bangladesh Bima..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......r encashment of the pay and other bills of the staff. At about 12‑25 A.M. they returned to the hospital with Taka 1,90,500.45 against the bills and when they were about to enter the office room miscreants standing along with other persons in the verandah of the hospital building, fired a shot from..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....ed in the First Information Report though it was lodged 21 years after the alleged occurrence of 15th August 1975. That out of 74 witnesses examined none implicated the petitioner with the offence of criminal conspiracy or murder with common intention or suppressing evidence and, as such, the framin......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......torney‑General, MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Revision No.293 of 1997. Judgment Badrul Islam Choudhury J.- Rule was issued on petition under section 439 read with section 435 Cr.P.C. upon the Deputy Commissioner, Dhaka representing the State, to show ca..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....nature. In such view of the fact, we have no other alternative but to held that the prosecution has failed to prove the case beyond reasonable doubt for which the reference should be rejected and the criminal appeals and Jail appeal should be allowed and the conviction and sentence passed by the lea......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......ther murdered his son deceased Delower. Her house and the house of the condemned prisoner Seema Begum and the convict appellants are adjacent to each other and the condemned prisoner Seema Begum had great affection for her son deceased Delowar and for his quarrel arose with convict appellant Saiful ..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anothÂer, 2009, 38 CLC (HCD)
....facts, circumstances and the materials on record, specially, the allegation set out in the F.I.R. we are of the opinion that the accused had initial intention to deceive and that the F.I.R. discloses criminal offence as alleged. As such we find no reason to interfere with the impugned proceedings. ......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......reed with the proposal and, accordingly, gave him an amount of Tk. 20,00,000/- on 10.8.2004 in presence of the witnesses Shah Jamal Shaha (a Valiant Freedom Fighter), Abdul Hamid and M. M. Sarker. Thereafter, on 20.04.2006, the informant requested the accused-petitioner to repay the said money when ..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......compaÂny incorporated under the Companies Act, 1913, is show to have been set up with the priÂmary objectives to purchase land, construct residential and/or commercial structures on the same and thereafter to offer the same by way of sale to the public at large as otherwise more fully described in..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....¦â€¦â€¦â€¦Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumpÂtion in the administration of the criminal law and justice delivery system is the innocence of the alleged accused till the charges ar......e set at liberty forthÂwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......minal Trial The fundamental and basic presumpÂtion in the administration of the criminal law and justice delivery system is the innocence of the alleged accused till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable eviÂdence. In a criminal ..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......hat his brother Abul Kalam Azad had been working in the Shamim Spinning Mill in the post of a Mechanic since lone. On 8.8.2002 at about 10 P.M. while his said brother was returning home from duty and reached approximately within 50 yards south to the Konabari Jail road, on a brick made road, the acc..Category: Criminal Law | Date: | Hits: 103
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
.... about to start manufacturing bricks his purchased land the plaintiff succeeded in obtaining an order of injunction against him from the Court by suppression of facts. The plaintiff also started some criminal cases and they also started the above 2 Miscellaneous Cases being Nos.527/73‑74 and 528/7......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......missioner who after hearing the appeal remitted the Miscellaneous case to the CO (Rev) for non‑consideration. The CO (Rev) again heard the matter and passed the same kind of order. The plaintiff thereafter preferred revisional applications being Nos.7/78 and 8/78 before the ADC (Rev) and the same ..Category: Property Law | Date: | Hits: 113
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......f the offence under section 25B of the Special Powers Act. Being aggrieved, both the convicts jointly preferred the appeal. It is stated in the grounds that the prosecution could not prove beyond any reasonable doubt that the sarees were Indian sarees. 3. Mr. Md. Khurshid Alam Khan, the learned A..Category: Criminal Law | Date: | Hits: 79
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
.... deception on the part of the accused-person. Under such circumÂstances, there are no elements of the offence under Sections 406/420/506 of the Penal Code and, as such, continuaÂtion of the instant criminal proceeding is nothing but an abuse of the process of the court which is liable to be quashe......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necesÂsary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ...... 4200X41= SR 1,72,200/-, Out of the said amount the accused paid sum of SR 1,00,000/-on 10.12.1999 and also paid SR 50,000/- on 3.12.1999 to the complainant remaining a balance of SR 22,000/-only. Thereafter the comÂplainant further collected 55 No Visas from different companies based at Alphe in S..Category: Criminal Law | Date: | Hits: 104
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