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Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......is rule is directed against an order paned by the Additional Session Judge, Barisal allowing withdrawal of a case pending against the accused opposite party No.2 under section 302 of the Penal Code read with Special Powers Act, 1974. 2. We have heard the learned Counsels for the petitioner, t..Category: Criminal Law | Date: | Hits: 145
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
.... - For the Petitioner. Moazzem Hossain, Deputy Attorney-General - For the State. Criminal Revision No.282 of 1979. Judgment Abdur Rahman Chowdhury J.-This rule arises out of a criminal proceeding against the accused petitioner and others under section 295A of the Penal Code......nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......steps and thereby wounded his religions feelings. Upon receipt of the G.D. Entry, the police starred investigation of the case under section 295A of the Penal Code which ended in a final report. Thereafter, the police suo moto reopened the matter and started re-investigation of the case and submit..Category: Criminal Law | Date: | Hits: 115
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......ult to suffer rigorous imprisonment for one year more. 2. The prosecution case put in a nutshell is that the deceased Joynal Abedin brother of the informant P.W.1; Md. Azizul Haq used to live at Mymensingh town and he was an Advocate Clerk by profession. On 15-06-1996 he came but for his village ......amination is that innocence and false implication. It was divulged in defence that the deceased Joynal took money from many persons of village Huzrakanda with a pretext of different pseudo pleas. The reason behind such murder might be the sequel to the conflict between the deceased and those persons..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....12.1990 and instead the plaintiff served some legal notices on 04.04.1991, 02,12.1992, 02.03.1993, 31.10.1994 and 02.03.1993 to return the earnest money and threatened the defendants to file civil or criminal actions if they failed to return the earnest money. 8. It is further stated that in repl......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ...... were only prepared to execute and register a sale deed if the plaintiff would give them excess to the Baina money which the plaintiff refused to pay. 5. It is further stated that the defendants threatened to sell the suit land to others if the plaintiff did not pay the excess money; that the pla..Category: Civil Law | Date: | Hits: 102
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....mmitted no error of law; hence, it calls for no interference by this Division. The above submissions of the learned Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR ......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ....... The act of the accused-appellant thus clearly falls within the first, second and third clauses of section 300 Penal Code. The mere fact that the victim luckily survived for two weeks on account of treatment in the hospital is no ground to put a premium on the offence committed by the accused. A vi..Category: Criminal Law | Date: | Hits: 116
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......detenu. The grounds of detention as per provision of section 8 of the Special Powers Act, 1974 was served upon the detenu on 22‑11-95 which was signed by the District Magistrate on 20‑11‑95. Thereafter the Govt. in the Ministry of Home Affairs vide Memo No.5047 Sha: Ma (Nira‑3) dated 15‑11..Category: Criminal Law | Date: | Hits: 127
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
.... from his acts those elements of voluntary action which constitute consent. Extortion under section 383 of the Penal Code need not necessarily involve putting a person in physical injury. A terror of criminal charge may amount to an offence of extortion. Sections 386 and 387 are aggravation of the o....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......en entered the house, including the accused appellants Dulal Howlader, Ali Hossain and Monir Hossain who were recognised by Askander Ali. A demand for Taka 25,000.00 was made and was refused. The miscreants then threatened them and left with articles worth Taka 25,600.00. Later Askander Ali narrated..Category: Criminal Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ...... defendant No.4 filed written statement and was contesting the suit. The suit was fixed on 29.12.76 for pre-emptory hearing. Defendants were found absent on call and the suit was decreed ex parte. Thereafter, the appellant defendant filed an application under Order 9, rule 13 C.P.C giving rise to ..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....he accused-respondent to produce the required particulars and registers to him for his inspection. Mere failure to show him the particulars and registers during the course of one surprise visit is no criminal offence. It is the failure to furnish the particulars and maintain the accused-respondent t...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......ka trying the case against the accused respondent accepted the contention of the defence and acquitted the accused respondent of the charge against him. He did not discuss the merit of the case. Thereafter, the State preferred this appeal under section 417(2) Cr.P.C. Mr. Matiur Rahman, learned Ass..Category: Others | Date: | Hits: 163
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
.... offence under section 409 three ingredients are required. The accused must be a public servant and in such capacity, he will be entrusted or will have dominion over the property and he will commit a criminal breach of trust in respect of the property entrusted…………………………………......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......nder section 409 three ingredients are required. The accused must be a public servant and in such capacity, he will be entrusted or will have dominion over the property and he will commit a criminal breach of trust in respect of the property entrusted…………………………………(62) T..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....firmed the Judgment and order of the learned Magistrate, first class, Nilphamari. 10. Being aggrieved by the Judgment and order dated 24.4.2003 passed by the learned Sessions Judge, Nilphamari, in criminal appeal No.10 of 2002, the appellants preferred this revision before this Court and obtained......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......r-in-charge of Nilphamari police station came to know from one Babul Hossain, passenger of bus, that at about 9.30 A.M. the two buses started from Jaldakha to Nilphamari with high speed and when they reached near Dahali temporary bus stand, then two buses collided each other and committed an acciden..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......roker where CMA CGM had to pay extra to an agent; that the expansion of CMA COM shipping lines in Bangladesh will benefit the exporters to get competitive freight rates and it will facilitate to increase exports of Bangladesh and earn more foreign revenue for the country; that in order to cond..Category: Administrative Law | Date: | Hits: 318
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rayer of his son‑in‑law. Abul sent his younger brother to take his wife but he was also refused. Then Abul himself went to his father‑in‑law's house to take back his child and his wife and entreated his father‑in‑law and mother‑in‑law to allow their daughter to go with her husband. I..Category: Criminal Law | Date: | Hits: 97
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......3. The petitioner filed a narazi application before the learned Magistrate but no order was passed on that application as before filing of the application, the record was sent to Court of Session. Thereafter the petitioner filed a Narazi application before the Sessions Judge who heard and considered..Category: Procedural Law | Date: | Hits: 100
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....Divisional Magistrate, it may be that the facts and circumstances of the case deserve that there should be a further inquiry in so far as the petitioner is concerned. There is no limitation as regard criminal process and if so advised the informant may yet pursue his remedy in accordance with law.......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......plaint to the Officer-in-Charge, Kotwali P.S. for taking necessary action. The O/C Kotwali informed the Magistrate on 27.9.79 that on the same occurrence Kotwali P.S. Case No.14, dated 7.9.79 had already been started and the same was under investigation. On receipt of the report the learned Magist..Category: Criminal Law | Date: | Hits: 110
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......lant and prepared seizure list by seizing the said arms and ammunition through seizure list Ext.1. They then proceeded towards Thana along with convict appellant and seized arms and ammunition and thereafter lodged the F.I.R. He himself took up investigation of the case and after completion of the i..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... she was in the house of informant Jabbar. She is nothing but a chance witness. She stated that accused Morshed and two of his brothers had killed her husband Moizuddin and in that case Almas filed a criminal case against them and her son Ranju also deposed against the accused. She claims to have se......inal Appeal No.1011 of 1992 and Jail Appeal No.1025 of 1992. Judgment Qazi Shafiuddin J.- This reference being Death Reference No.17 of 1992 has been submitted by the learned Sessions Judge, Mymensingh for confirmation of the death sentence passed upon accused Raisuddin, Samar, Anumullah, Mor......rmants house, suddenly the accused persons forming an unlawful assembly being armed with deadly weapons such as gun, dao, chala, dagger, kirich, etc. surrounded the house. They ran helter and skelter realising the gravity of the situation. Deceased Shahidullah, Abu Baker, Siddique, Ranju and Habibul..Category: Criminal Law | Date: | Hits: 104
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ...... It appears that upon a petition of complaint lodged by the complainant the petitioner along with nine others were summoned under section 379 of the Penal Code to stand their trial. The petitioner thereafter was granted bail by the learned Sub-Divisional Magistrate, Dacca with a direction to appear ..Category: Criminal Law | Date: | Hits: 107
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....injunction for the ends of justice preventing the opposite party from evicting the petitioner from the house. Where an alternative remedy is open to the petitioner to vindicate her grievance before a criminal Court or Civil Court merely for the expression "for the ends of justice", in section 151 CP......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ...... Md. Babor Ali, Advocates ‑ For the Petitioner. No one – For the Respondents. Civil Order No. 4474 of 1996. Judgment A M Mahmudur Rahman J.- By this application under Order 39 rule 1 read with section 151 CPC the petitioner seeks issuance of Rule calling upon the opposite party to s..Category: Civil Law | Date: | Hits: 121
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....) 294 the observation of the Appellate Division is couched in the following language: "We could, however, like to add that with the change of time and circumstances attending the administration of criminal justice time has come and experience also demand that the High Court Division will have to ......q‑i‑badai. These modes of Talaq had been stated in section 311 of Mulla's Principles of Mahomedan Law. Talaq ahsan consists of a single pronouncement of divorce made during a tuhr (period between menstruation) followed by abstinence from sexual intercourse for the period of iddat. Talaq Hasan co......rd indicates that Criminal Appeal was admitted for hearing on 8‑5‑1991. Learned Counsel Mr. Muhammad Abdul Mutalib filed power on behalf of accused-respondent on 3‑7‑1991. The appeal was made ready for hearing on 18‑5‑1992 on preparation of paper books. The appeal was set down for hearin..Category: Family Law | Date: | Hits: 165