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Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......the Bench taking up the matter that “he has instruction not to proceed with the appeal.” Upon such prayer the appeal was dismissed for non-prosecution by the Bench presided over by B Zaman, J. Thereafter this application filed by the convict appellant Shamsur Rahman @ Shamsu Moral and Asgar Ali ..Category: Criminal Law | Date: | Hits: 91
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...Category: Criminal Law | Date: | Hits: 87
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....w of Government on behalf the survivors realize such compensation from the wrong doers which may at least console their sufferings as accidental death shattered a family in every aspect. Only making criminally liable by punishing the wrong doers do not at all being any fruitful result to the surviv......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......ivors of the family. It is suggested the Government to bring the wrong doers to Court, either by assisting the survivors in their effort to approach the law of Government on behalf the survivors realize such compensation from the wrong doers which may at least console their sufferings as accide..Category: Civil Law | Date: | Hits: 339
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....y person for discharging his duties under the Ain. Section 7 of the Ain, empowers respondent No.5 to take both punitive as well as preventive measures and actions including filling of civil suits and criminal cases of damages and compensation against acts that has caused or is causing or may cause d......tted that the illegal sand extraction from the bed and banks of the River has made the River wide and increased more and more erosion of its banks and surrounding areas of the said villages causing immense damage to the River and lives of the people particularly, in rainy season and monsoon and as s......cing bank protecting embankment as required under the laws why further directions shall not be given upon them to initiate legal measures against the illegal and unscrupulous sand traders and also to realize compensation from them for causing damages to the river and the villagers of the said villag..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ...... she has been in the jail custody. Bail petitions on several occasions were moved on behalf of the petitioner before the learned Chief Metropolitan Magistrate, Khulna but the same were rejected. Thereafter the petitioner moved the learned Sessions Judge, Khulna in Bail Case No.107 of 1987 but the ..Category: Criminal Law | Date: | Hits: 105
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......ssed the same by producing salt but the Second Party men without having any title and possession therein were giving out that they would forcibly evict the First party men therefrom and thereby were creating apprehension of serious breach of peace and loss of lives and properties. The said applica..Category: Criminal Law | Date: | Hits: 126
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......directed to consider whether Government should exercise its power in accordance with law under the proviso to sub-section (7A) of section 167 Cr.P.C. for reviving this Sessions triable case which reads as follows: "Provided that the Government may, by order, revive the case at any time if t..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....gitive from justice. 10. We find much force in the contention put forward by the learned counsel for defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an accused in a trial facing capital charge cannot be denied of his substanti......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......cle Pashan Ali and Sheer Mahmud and Muslim's father Jan Mohammad and Jahur Ali called Jalil's elder brother Saburuddin from village Kalamati to village Bhothat at about 12' o clock and asked him to realize that amount of Taka 55/- from Jalil and hand over the same to Muslim and over that matter th..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
..... I do not know whether any Addl. S.P. ordered for further investigation because there is no document in support of such order. Inspector Serajul Islam, as it appears has allowed the most veteran criminal Tasir Ahmed scot free. The statements recorded by S.I. Abdul Khaleque leave no room for d......be accepted in view of the fact that the appellant has already passed several years in detention. If re-trial is ordered he will be required to undergo the ordeal of fresh trial and that will cause immense hardship to him. In view of this fact re-trial cannot be ordered. 24. Before we part wit......m Nona Mia's house with the help of a fishing net. 3. On that very night at about 11-30 hrs. deceased Nona Mia's another son Musa came to the Sudharam Thana and lodged the ejahar. The ejahar was read over to him and he having understood the contents admitted it to be correct. 4. Police took ..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......d Tk. 5,000/- as balance, and if that amount was not paid, he refused to execute and register the sale deed. 3. Defendant No.1 filed written statement in the suit for Specific Performance but thereafter he was not found present at the time of hearing of the suit. Defendant No.2 is the Governmen..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ...... the basis of this information the Officer-in-Charge of the Haimchar Police Station started UD Case No.6 dated 6‑5‑2000 and handed over the case for investigation to Md. Ainul Hoque ASI. 3. Thereafter, ASI Md. Ainul Hoque along with some other constables went to the house of Shahjahan Mizi at..Category: Procedural Law | Date: | Hits: 118
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....the instant case, it is an admitted fact that the trial was held in absentia. It is the specific case of the appellant petitioner that he is resident of village Suknakuri, under Durgapur Upazila. A criminal case was started against him for an offence allegedly committed within the Police Station o......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......pay a fine of Tk. 2,000/- with a default order with direction that both the sentences to run concurrently. 2. The prosecution case is that on 27.3.85 at about 2 O'clock at night some thieves by breaking the house of the complainant namely, Md. Mosharaf Hossain and elder brother Majibur Rahman t..Category: Procedural Law | Date: | Hits: 122
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......on case, in short, is that one Abdur Rahman, former store‑keeper of BADC remained in charge of three fertilizer godowns of Tanore Police Station at Mundurnala from 19‑2-73 to 13‑5‑75 and thereafter he made over the charge of the said godowns with the fertilizers after proper physical verif..Category: Criminal Law | Date: | Hits: 98
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......r section 561 A of the Code of Criminal Procedure for quashment of the proceedings in GR Case No.23 of 1989 arising out of Nesarabad PS Case No.2 dated 30‑6‑99 under section 409 of the Penal Code read with section 5(2) of Act II of 1947 pending in the Court of the learned Magistrate, Nesarabad, ..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....r Court, Dhaka and another reported in 44 DLR (AD) 40. 3. It appears from the materials on record that respondent No.2 filed the aforesaid complaint case alleging that he was implicated in a false criminal case and was discharged from that case and thereafter a departmental proceedings was starte......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... 3. It appears from the materials on record that respondent No.2 filed the aforesaid complaint case alleging that he was implicated in a false criminal case and was discharged from that case and thereafter a departmental proceedings was started against him. In that departmental proceeding witnesse..Category: Labour and Industrial Law | Date: | Hits: 177
Ahad Miah Vs. State, 1997, 26 CLC (HCD)
....etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200...Category: Criminal Law | Date: | Hits: 86
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ...... once rushed to his village home with a doctor named Rafique and found Ferdousi Begum dead with a bleeding injury. In cross-examination P.W.1 claims that his wife suffered from epilepsy and received treatment in Dhaka a few days before the occurrence. He denies that his wife died from a fall on a ..Category: Procedural Law | Date: | Hits: 94
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......e FIR. This delay seems to us as somewhat doubtful and fishy. If prima facie at all there was any recovery of unauthorised fire‑arms and ammunitions the case ought to have been filed immediately thereafter. We have gone through the FIR. which is Annexure A to the petition. In the last paragraph of..Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
.... death imposed upon the Condemned prisoners Moksed and Tutul upon conviction of the offence punishable under section 302 read with section 34 of the Penal Code are, hereby, confirmed. The connected criminal Appeal No.4422 of 2005 and Jail Appeal Nos. 1058 and 1059 of 2005 being read as inadequate ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......J.- The condemned-prisoners being Moksed Ali, son of late Kafiluddin alias Kabiluddin, Tutul, son of Sonali Mollah and Ripon (Absconding), son of Momtaz Khan have been convicted under section 302 read with Section 34 of the Penal Code attracting sentences of death as pronounced and handed down..Category: Criminal Law | Date: | Hits: 131
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......should be set aside. 4. I have noticed that by the impugned order the appellate Court actually enhanced the sentence. Sentence can be enhanced by the High Court Division after giving the accused a reasonable opportunity of showing cause against such enhancement when an appeal is filed under secti..Category: Criminal Law | Date: | Hits: 96
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