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State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......s and enmity his first son deceased Md. Bashir Ahmed Chowdhury was murdered by his second son the condemned prisoner Md. Mobarak Ahmed Chowdhury when his first son deceased Md. Bashir Ahmed Chowdhury reached at C & B road at 7.30 p.m. on 04.03.1990 after coming out from his house for going to ba..Category: Criminal Law | Date: | Hits: 79
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....brothers' and Belayet and Badla are their bhaista. So it was highly improbable that all these four together would commit sexual intercourse on her, more so when they were not professional or hardened criminals and that Bazlu wanted to marry her. 12. Almost always in our country witnesses who are ......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ...... Judgment Md. Gholam Rabbani J.- Police charge sheeted eleven persons including the three appellants Nos.(1) Bazlu Talukder (2) Hemayet Talukder and (3) Belayet Talukder, under section 376, BPC read with section 4(c), the Cruelty to Women (Deterrent Punishment) Ordinance. Allegations against t..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......1977 to 18‑11‑1980 misappropriated 795 units of machine tools valued at Taka 18,302.00, spare parts worth 24,301.70 and empty barrels worth Taka 90818037.00 by putting the same in his own use in breach of trust. Thus, he has committed breach of trust with respect to property worth Taka 61,319,07..Category: Criminal Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ndamental right guaranteed in Part III of the Constitution. Part III of the Constitution guarantees host of rights and those rights cannot be denied to a prisoner who is detained in connection with a criminal case. Article 47(3) of the Constitution provides that despite those fundamental rights, a p......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......r trial prisoners. 2. Respondents moved a writ petition in the High Court Division claiming that they were arrested in connection with Pallabi P.S. Case No.60(1)08 dated 26lh February, 2008 and thereafter they were shown arrested in 5 other cases in connection with the Paltan and Ramna police sta..Category: Criminal Law | Date: | Hits: 95
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....eas Corpus for the custody of a minor would also be equally competent without sending the petitioner to exhaust his or her remedy before the Family Court or under the Guardians and Wards Act or other criminal Court which is neither expedient nor an equally efficacious remedy in a situation like this......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......pondent No.2 disclosed to his wife, the petitioner, that he was not a British citizen and being instructed by him she applied to the immigration authorities for leave for him, to remain in Britain by reason of the marriage. At that time respondent No.1 owned 1/3 (one third) share of a restaurant and..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....oes not give any specific name so much of the definition of offence should be stated so as to give a notice to the accused of the matter he is charged with. 7. A charge is an important step in the criminal proceeding. It separates the inquiry stage from the trial. That is to say when the inquiry ......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457....... was framed against the accused‑appellant and others. From record although it appears that charge was framed on 21‑7‑85 by the predecessor‑in‑office of the teamed Judge but the same was not read over to the accused and furthermore there was no signature of the teamed Judge in the aforesaid..Category: Criminal Law | Date: | Hits: 144
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
....l Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving direction to initiate criminal proceeding against the petitioner and others according to the provisions of sections 476 re...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82.......1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving direction to initiate criminal proceeding against the petitioner and others according to the provisions of sections 476 read with section 195 of the Code of Criminal Procedure and directing the Deputy Registrar-1 of the ..Category: Criminal Law | Date: | Hits: 146
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
....he petitioner on an enquiry made in Singapore, Hong Kong and Switzerland about Fertexim and Mr. Willi Kaufmann who is shown as one of the Directors of the Bulk Management Limited, found out about the criminal activities committed and perpetrated by respondent Nos.2 and 3 in collusion with Fertexim. ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ......d equitable. 8. An affidavit‑in‑opposition on behalf of the respondent Nos.1, 2 and 3 has been filed, inter alia, denying the material allegations of the petitioner. It is also stated that the reasons given by the petitioner cannot be grounds for winding up of the Bulk Management. 9. The r..Category: Company Law | Date: | Hits: 185
....gh specific evidence to substantiate the allegations. Subsequently new evidence came to light through investigation by the National University authority and the University Grants Commission (UGC) and criminal cases have also been filed. Hence the present application for review.
5. The violations ......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......d and the President of Bangladesh Awami League (AL), Gazipur District.
4. The previous Vice-Chancellor of the National University, Professor Aftab Ahmed joined as Vice-Chancellor on 05.07.2003. Thereafter from 17.11.2003 to 04.01.2004 he appointed 331 persons without any advertisement, without an..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....ting in his death. The alleged action is nothing but the result of premeditated action which ultimately resulted in the death of deceased Serajul Islam. It is further submitted by Mr. Shahid that the criminal act was done with the knowledge or intention of all the accused and the murder was committe......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......ultan Chowdhury but he declined. Then accused Rashid asked him why he had used filthy language and there was hot altercation between them. Rashid dragged Siraj catching the collar of his shirt and thereafter the victim Siraj was thrown into the nearby tank. Accused Shava Mia passed the order to fini..Category: Criminal Law | Date: | Hits: 117
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......n and sentence. Both the appeals will be disposed of by this Judgment. 3. Prosecution case briefly, is this. On 6‑6-93 at about 11-00 PM all the accused armed with rod, chora, etc. attempted to break open the door of the informant's house and then from outside demanded subscription of Taka 50,0..Category: Criminal Law | Date: | Hits: 81
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......opriate issues reflecting the contentions of the parties. 4. Evidence was adduced by the parties in support of their respective contentions. On behalf of the plaintiffs one witness was examined whereas defendant No.2 examined himself on behalf of the contesting defendants. D.W.2 was examined for ..Category: Property Law | Date: | Hits: 93
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....y in cases instituted upon a complaint it is also the sacred duty of the Magistrate to issue process only against those persons against whom there is good reason to believe that they have committed a criminal offence. And when the witnesses and the accused persons on the date fixed for trial have to...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......f other accused persons discharging the accused petitioner, on the date fixed for trial when all the accused and the witnesses appeared before the trial Court incurring heavy expenses and taking great pains, the Assistant Public Prosecutor to whom the Public Prosecutor had merely sent the pros..Category: Criminal Law | Date: | Hits: 92
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... petitioner moved this Court and obtained the present Rule. 3. Mr. Md. Khairul Alam, the learned Advocate, appearing for the petitioner, submits that the initiation and continuation of the instant criminal proceeding is bad in law in view of the fact that the Mithapukur Police after recording the......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ing upon the respondents to show cause as to why the proceeding in GR case No.159/2008 arising out of Mithapukur PS Case No.33 dated 18-4-2008 under Sections 406/420/409/467/471/109 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 pending in the Court of the Chief J..Category: Anti-Corruption Laws | Date: | Hits: 142
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......k. 1,01,92,480/- in three, instalments within 30th day of the same month. In spite of the objection raised by the petitioner, the respondent No.2, the Bank, filed a requisition to respondent No.1 for realisation of the claim under Article 35 of the BSB Order. It is alleged that the respondent No..Category: Civil Law | Date: | Hits: 171
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......f the victim Suily Begum lying in the kitchen of the accused informant and then made a surat‑hal report of the dead body of the victim in presence of witnesses and found injuries on her body which created a doubt about the cause of the death of the victim. He therefore sent the dead body of the vi..Category: Criminal Law | Date: | Hits: 135
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......es 1. Similar view has also been expressed in the case reported in 7975 (2) Supreme Court Cases, 78. wherein it has been held by Bhaghati J. as follows:— "That the detaining authority may have a reasonable explanation for the delay and that might be sufficient to dispel the inference that its s..Category: Criminal Law | Date: | Hits: 109
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......se No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under section 175 of the Penal Code. 2. The petitioner's case, in short, is that one Mr. Abdul Khaleque, Inspector, District Anti-Corruption Bureau, Commissioner's Building, Dhaka by his letter dated 21.4.86 under section 94 Cr.P.C. asked th..Category: Procedural Law | Date: | Hits: 118
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....izance of the offence under the Special Powers Act against the accused petitioner, the accused petitioner moved this application under section 561 A of the Code of Criminal Procedure for quashing the criminal proceeding of Special Tribunal Case No.2 of 1989 pending in the Court of the Special Tribun...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......the accused petitioner. The case bearing Kotwali PS Case No.9 dated 15.8.88 (G.R. No.149 of 1988) was registered and started against the accused petitioner under sections 158(89) of the Customs Act read with section 25B and 25D of the Special Powers Act, 1974. Superintendent of Police after inve..Category: Criminal Law | Date: | Hits: 103
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
....ed by the Public Prosecutor for revival of the case on behalf of the Government and as such the revival order suffers from no illegality. He further submits that Public Prosecutor is in charge of all criminal cases in the District and he had implied authority to conduct all criminal cases for admini....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......by poisoning in conspiracy with the accused petitioners. The police after investigation submitted charge sheet on 9.12.84 under sections 302/114/34 of the Penal Code against the accused persons. Thereafter the case records were received by the Sessions Judge, Tangail on 9.12.86 and the case remain..Category: Procedural Law | Date: | Hits: 143
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