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Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....that this petitioner made a confessional statement for which she has been made an accused. Mr. Rahman placing the confessional statement submits that this confessional statement has not disclosed any criminal offence and she has not implicated herself in the commission of any offence far less on the......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......minal offence and she has not implicated herself in the commission of any offence far less on the occurrence that took place on 15‑8‑1975. It is submitted that this confessional statement can be treated as a narration of events which took place from before 15th August, 1975 and ended long after ..Category: Criminal Law | Date: | Hits: 82
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ioner supports the Rule. He submits that the petitioner was the Manager of IFIC Bank, Tultikar branch. Co-accused Farid uddin was the cashier of the same bank. They allegedly committed offence of criminal breach of trust punishable under section 409 of the Penal Code, which is specified in the s......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ...... court as cognizance of the offences against those accused persons was taken by the Senior Special Judge without sanction of the Government or Durniti Daman Commission and (2) that a money suit has already been filed by the bank against those accused persons for realization of the money allegedly de..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......ikder was sent to her paternal house. Considering the welfare of his daughter the informant took her to her father-in-law's house amicably and came back. On 25.08.2001 the informant was residing in Mymensingh. On that day at 9.00 p.m. one driver Salah Uddin informed the wife of the informant that a ......30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against them. 4. During trial the accused-persons stood charged under section 11 (ka) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The charge was read over and explained to the present accused-persons Rizia Begum and Shakhawat Hussain Mollah to..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....or the year 2006-2008. The defendant No.1-12 being ousted from the tea estate threatened the plaintiff with dispossession and also made some attacks upon the employees of the tea estate and as such a criminal case was filed being Petition Case No.44 of 2008 in the Court of Chief Judicial Magistrate,......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......ইতে হকদার তাহা প্রদানে ডিক্রী দানে মর্জি হয়”। contending, inter alia, that the suit property comprises an area of 452.54 acres and that belonged to the khas land of Government. The said land was being used a..Category: Civil Law | Date: | Hits: 115
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......n the case of Sobhan Munshi Vs. State, reported in 15 MLR (HCD) at page 37and has submitted that in appropriate cases the punishment may be reduce when it appears to the court to be unjust and not commensurate with the magnitude of the offence. So, we consider that the sentence passed by the learned......charged them and recovered 10 bottlefuls of Phensidyle from the petitioner Kazi Shakawat and 5 bottlefuls from the other accused Joybabu and seized the same under the seizure list prepared by him. Thereafter FIR was lodged in the police station. He identified the accused petitioner on the dock. In h..Category: Criminal Law | Date: | Hits: 104
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ...... Sessions Judge, Dhaka for their release and the learned Sessions Judge by order dated 6.4.83 rejected the prayer for release. The ground for rejection however is not well founded in law. The main reason for refusing such prayer should have been that the accused petitioners' case is covered by th..Category: Procedural Law | Date: | Hits: 123
Category: Constitutional Law | Date: | Hits: 259
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....sin of the subject matter involved in the instant case, has already passed an order of status quo regulating possession of the suit land in between the self same parties, under the circumstances, the criminal Court has been left with no scope to re-assess or re-examine the question of possession ove......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......ns including Atika Khanam were appointed as Trustees of the said trust. While Accused No.1 was also made trustee No.2 in the said trust deed and other trustees belong to the same family; Sometimes thereafter, in the year 1996 Atika Khanam died and she had been holding the post of Chairman of the tru..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
.... Case No.1058 of 1979 arising out of Kotwali P.S. Case No.49(6)79 under sections 147,352,427 and 379 of the Penal Code and the order dated 30.03.1981 discharging the four opposite parties in the said criminal case should not be set aside. 2. Facts of the case are that on 24.06.1979 one Mohammad H......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......stigation of the case by a senior Police Officer of the rank of a D.S.P. in presence of both the parties and also prayed that in the meantime the present charge-sheet should be kept in abeyance. Thereafter on 29.09.1979 the Sub-Divisional Magistrate passed the following Order:— "Received the ..Category: Criminal Law | Date: | Hits: 93
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....nder section 396 or 302 of the Penal Code would be a clear illegality. So all of them are entitled to be acquitted. Accused Mesbahuddin has filed a Jail appeal while accused Arzan has filed a regular criminal appeal but accused Fazlul Huq has not filed any appeal and he is still at large. In the fac......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......d the driver and conductor of the bus informed that a dacoity had been committed in Mini Bus No. Dhaka Metro Gha‑6862 and that they told them to block the road in order to apprehend the dacoits. Thereafter the informant along with other persons blocked the road by placing a truck and in no time th..Category: Criminal Law | Date: | Hits: 87
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......nt No.2 and 3 namely Messers EP Carrier PTE Ltd, and Eagle Corporation PTE. Ltd. Singapore which let out those container to the Shippers who used those container in the carriage of goods by Sea which reached the Port of Chittagong through a Sea going Ship. The defendant No.1 being the agent of the p..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....ld that provision of section 120 of the Evidence Act has removed the disability of the parties to the suit and the husband or wife of any party to the suit to testify in all civil proceedings. And in criminal proceeding against any person the husband of wife of such person shall be a competent witne...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......prepared wrongly in the name of Malik. Land lords instituted Rent Suit No.1199 of 1953 against the plaintiff. The said suit was ended in compromise on 4.1.1954. On 7th Ashar, 1402, B.S. defendant threatened for dispossessing the plaintiff. The suit land was not enemy property. Bhovendra Nath Bha..Category: Property Law | Date: | Hits: 134
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
.... under the provision of Section 561A of the Code of Criminal Procedure, 1898 and made a formulation of points which reads as follows: Criminal Procedure Code, 1898. "Section 561A.- Ordinarily criminal proceedings instituted against an accused person must be tired under the provision of the......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......sed Md. Bachhu Mia and few others came to the house of the informant at about 1-00 AM on the night following 16.11.2002 and asked the informant to come out from the room which having scared him he thereafter raised alarm and upon their raising hue and cry the local people came forward and caught red..Category: Criminal Law | Date: | Hits: 115
Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)
....tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ......tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ......tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ..Category: Criminal Law | Date: | Hits: 106
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....mitted by a prisoner:- (1) such willful disobedience to any regulation of the prison as shall have been declared by rules made under section 59 to be a prison offence; (2) any assault or use of criminal force; (3) the use of insulting or threatening language; (4) immoral or indecent or d......but an activist institution which is the cynosoure of public hope. We hold that the Court can issue writes to meet the new challenges. Lord Scanman's similar admonition, in his English Law. The New Dimensions, is an encouraging omen, The objection, if any, is obsolvte because in a prison situation, ......a on a secret information, while they were sitting in the veranda of Bachchumia of the said village, wherefrom they were taken to Kotchandpur police station and then to Jibon Nagar police station. Thereafter two cases were lodged against them one under the Arms Act and the other under Explosive subs..Category: Constitutional Law | Date: | Hits: 219
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
.... Abdur Rahman Chowdhury J.- This Rule is directed against an order passed by the Additional Sessions Judge, Patuakhali, affirming the order of the Sub-Divisional Magistrate allowing withdrawal of a criminal case under section 494 of the Code of Criminal Procedure. We have heard the learned Counsel......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......myself was a party. Courts are still passing such orders which on the very face of it are illegal. It appears that the Sub-Divisional Magistrate who passed the impugned order, has not cared even to read the relevant law. The question of consent will arise only when the machinery is set in notion b..Category: Criminal Law | Date: | Hits: 94
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....he Rules). Criminal Revision Nos. 97 and 202 of 1980. Judgment ATM Afzal J.- These two rules, at the instance of the accused-petitioners, arise cut of two applications for quashing the criminal proceedings pending against them in the Court of Magistrate at Sylhet Criminal Revision No.......e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......itioners. In both the cases the accused-petitioners surrendered before the Court and obtained bail. 4. The point that has been raised in support of the Rules is that a prosecution for criminal breach of trust against some of the partners of a partnership firm at the instance of another partner..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
.... at Tk.75,251/- out of which Tk.1000/- was paid after marriage. They lived together and the marriage was consummated. Once the Defendant demanded dowery of Tk.50,000/- whereupon the Plaintiff filed a criminal case under the Dowery Prohibition Act. The defendant thereafter made a compromise by execut....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......hey lived together and the marriage was consummated. Once the Defendant demanded dowery of Tk.50,000/- whereupon the Plaintiff filed a criminal case under the Dowery Prohibition Act. The defendant thereafter made a compromise by executing a deed in favour of the Plaintiff showing transfer of 16 deci..Category: Family Law | Date: | Hits: 224