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State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......this and that plea there was hitch in between the accused and the informant and her daughter. On 13-6-2000 at 10.00 AM she along with her daughter went to TV centre at Chittagong for rehearsal and thereafter went to her father's house at 1.30 PM at Paschim Goshaidanga, house of Dewan Ali Sowdagar an..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ituation of immediate apprehension of severance of his ties with the mundane affairs, he would not tell a lie and implicate innocent persons on false charges. But, in the matter of the administration criminal justice, taking in view the present state of our society, the assessment of evidence, wheth......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......tions 302/34 of the Penal Code. At the trial charge was framed under sections 302/34 of the Penal Code against all the accused‑appellants by the learned Additional Sessions Judge, Tangail which was read over and explained to them when they pleaded not guilty and claimed to be tried. 4. The pros..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... re-produced below:- “141:- an assembly of five or more persons is assigned an ‘unlawful assembly’ if the common object of the persons composing that assembly is – First.- To overawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......res of land of mouza Shyamahar is their self acquired property which they have been possessing for a petty long time. On 03.06.1994 at about 10 hours in the morning when his brother Togor was getting ready for going to Badalgachchi came to learn that accused Dr. Md. Nurul Islam along with 14 others ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....ure of the knowledge of recognition of the accused persons, if fear or threat is easily accepted as an explanation, particularly in a case punishable by death, then it will endanger administration of criminal justice by opening up opportunities for concoctions and false implications. This was the ma......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......M. they took meal there along with others and at about 18-30 hours when the said Md. Enamul Haque Ratan along with his companions was taking meal and gossiping enlightening a hurricane some 50/60 miscreants, of whom some wearing musk armed with various deadly weapons, suddenly assailed on them. The ..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... and was trying to obtain medical certificate. At this accused persons including the petitioner became annoyed with him. On 27-2-98 at about 12 noon while he along with his cousin victim Sukur Shaikh reached Wapda embankment by the southern side of Khararia Bazar accused-petitioner armed with bhela ..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......for 30 days from the date of service of the order which was received by the detenue on 5-5-98. It appears that earlier on 9-4-98 detenu Suranjit Barua (Labu) was arrested by police from Nandan Kanan area of Chittagang town on the allegation that he along with others assembled there to create terror ..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....es for the 1st party prayed for acceptance of the References. 11. Before considering the submissions made in support of and against the References let us consider the background giving rise to the criminal proceedings against the respective 1st party accused persons and the law relating to the sa......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......ossibly seeing a news item to that effect in the news papers on the next day the accused persons appeared before a Division Bench of this Court and obtained ad-interim anticipatory bail on 3-4-97. Thereafter the three sets of accused persons filed Criminal Revision Nos. 163-165 of 1997 before the le..Category: Business or Commercial Law | Date: | Hits: 219
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....val which reads as under "Seen explanation. Heard in person. His prosecution under section 193/468 B.P.C. has been sanctioned by the D.I.I. May be removed for misconduct". 9. Mere initiation of a criminal case had weighed with the Screening Committee notwithstanding that the petitioner in that c......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......in clause (1) from being compulsorily retired under sub-clause (b) and no appeal has been provided for. Since the action against the plaintiff was taken under this provision we fail to understand the reasonings of the High Court Division as to how provisions of Ordinance III of 1959 are attracted. A..Category: Employment/Service Law | Date: | Hits: 196
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....But the petitioner, who as a public representative was entrusted with those CI sheets, donated the same to the mosque, which had never been affected by disaster and thereby he committed offences of criminal breach of trust, criminal misconduct etc. 3. On the basis of that First Information Repo......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214....... constables was in patrol duty received a message over wireless sent from Hazaribag Police Station that some Government relief corrugated iron sheets (CI sheets) would be available at Bhagalpur Lane area. Then he with some RAB personnel in a drive recovered 8 feet length 73 sheets and 18 cut pieces ..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....r dues amounting to Taka 27,36,222 and for which he sent claim letter on 2-12-2007 and thereafter he was paid Taka 1,38,176/- as salary of 1 month. In such situation the complainant filed the instant criminal case under section 307 of the Bangladesh Labour Act. On examination of the complainant and ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......Labour Court, and then can only be brought to the trial before the Labour Court which actually is like a contempt of Court proceeding and can punish under section 307 of the Labour Act. On plain reading of the petition of complaint as set forth above, we do not find that there was any order of ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....casions have been reported in the press to have taken shelter in the Police Station on being chased by public. Frequently Police refuse to record first information report against chosen and protected criminals on the plea that “উপরের নির্দেশ রয়েছে কেস না......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ker Government by Dr. Iajuddin Ahmed, the President of Bangladesh. After 2/3 days hearing by a Division Bench of High Court being presided over by his Lordship Mr. Justice Md. Awlad Ali before lunch break announced that he will issue a Rule Nisi and disclosed the terms of the Rule, whereupon the lea..Category: Criminal Law | Date: | Hits: 132
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....er and sit on judgment on the decision of the Government. We have held that, prima facie, such a decision at the highest level of government supplies a good ground for according consent to withdraw a criminal case." 14. None of the aforesaid decisions, however, lend support to the contention of......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......te Kazi Harunur Rashid lodged a First Information Report at Rajapur police station but no names of any accused were mentioned therein. On 12.2.72 police submitted final report after investigation. Thereafter a naraji petition was filed and order for further investigation was passed. Police then subm..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......sed being a public servant prior sanction for his prosecution was mandatory under section 6(5) of the Criminal Law Amendment Act, 1958 and that when the process was issued him the prosecution had already started without the sanction and as such the proceeding is a nullity and liable to be quashed...Category: Criminal Law | Date: | Hits: 81
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......ase No.5 dated 3‑12‑95 under sections 3/4 of the Explosive Substances Act, 1908. 2. The prosecution case, in short, is that one SI Md. Awal Hossain along with his police force went to Nimtali area of Narayangonj on 3‑12‑95 and then a few miscreants threw cocktail towards the police van fr..Category: Criminal Law | Date: | Hits: 90
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....h interest. The defendant’s account was overdrawn with an amount of Taka 99,030.13 on 10-9-84. The defendant sold the goods but did not liquidate the Bank’s dues. Thereafter the plaintiff filed a criminal case on 22-9-84 for criminal breach of trust for cheating. The defendant entered appearance......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......he plaintiff Bank’s dues with interest. The defendant’s account was overdrawn with an amount of Taka 99,030.13 on 10-9-84. The defendant sold the goods but did not liquidate the Bank’s dues. Thereafter the plaintiff filed a criminal case on 22-9-84 for criminal breach of trust for cheating. Th..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....on '3-4-83', the Record itself shows that no such date was fixed specifically for that day. As such, there might have been a bonafide mistake on either side. In a contempt proceeding which is quasi-criminal in nature, the contemner is entitled to benefit of doubt, and since the Court is both Prose......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......ivision, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I would, however, like to add a few words on some aspects of the entire ep..Category: Criminal Law | Date: | Hits: 116
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
.... Chowdhury, J.- I regret that I could not subscribe to the views expressed in the judgment of my brother Shahabuddin Ahmed, J. 2. Leave was granted to consider the question whether there was any criminality in the action of taking advance by way of over-draft by the petitioner from the Janata B......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......rogation after the word "business partner". However, the allegation was that the accused No.1 in collusion with the accused petitioner has misappropriated the aforesaid amount and committed criminal breach of trust and further prejudiced the economic and financial interest of the State "since the Ja..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....istorically associated with the King’s person as well as with the King’s Bench, it was of high importance for the control of inferior tribunals, particularly with respect to the administration of criminal justice. It was a writ of course for the king, but not for the subjects. The concept has be......actual powers, is not amenable to judicial review. Although it declined to interfere on merit, nevertheless, observed, by recognising that the penal was susceptible to judicial review as it wielded immense power de facto, since violation of the code, adjudged by itself, may lead to expulsion from th......d the petitioner being a member of Comilla Rifle Club which is a member/affiliated Club of Bangladesh Rifle Shooting Federation, has an interest to see that nothing is done by the respondent no.1 in breach of the law of the land or in violation of any provision in the any agreement, prejudicing the ..Category: Property Law | Date: | Hits: 159
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......in also woke up and rushed into his room. They saw three/four thieves inside the room and noticed some cloths and articles were missing. They tried to catch hold of the thieves, in which event they threatened them to kill and fled away towards the east. Among the thieves, they could recognize the pr..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... of heroin from a match-box kept in his left chest-pocket. The informant made a seizure list on the spot, obtained signature of the witnesses thereon and collected sample for chemical examination. Thereafter they produced the appellant to the police station. 3. The ejahar gave rise to Kushtia Pol..Category: Criminal Law | Date: | Hits: 81
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