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Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ons along with 3978 detonators to Godagari Police Station on 18.12.2005 and lodged an ejahar alleging, inter alia, that on the previous day he along with his forces had raided Natore Railway Station area and arrested two of them, namely, Md. Shafiullah alias Tareque and Md. Tarikul Islam. On informa..Category: Criminal Law | Date: | Hits: 119
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....hall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 5. Section 5(1) of the Prevention of Corruption Act, 1947 defines criminal misconduct of a public servant and Clause (d) of section 5 of the said Act defines as fol......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......ders without executing the contract for setting up Barge Mounted Power Plants with the said organization with the object of granting work to their desired bidders and obtaining the said gains they created a scheme and made directions contrary to the rules of the Power, Energy and Mineral Resources..Category: Criminal Law | Date: | Hits: 156
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......statement under section 164 of the Code of Criminal Procedure and accordingly he was forwarded to Mr. RK Das, Metropolitan Magistrate for recording statement and the accused made the statement and thereafter he was sent to jail hazat. 3. On 11‑4‑1990 the said Inspector filed a preliminary rep..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
.....38 of 1981) Judgment Shahabnddin Ahmed J.- The question involved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failure to produce the property when called for, in addi......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......1) Judgment Shahabnddin Ahmed J.- The question involved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failure to produce the property when called for, in addition to or..Category: Criminal Law | Date: | Hits: 111
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......e, pending in the Court of Sessions Judge Bogra. The prosecution case in short is that while the complainant's brother, his bhabi and nephews were sleeping in the first floor of their house, some miscreants entered the house on the night of 14-5-80 at about 2/3 am and while they were taking away two..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......e dead body of Montazur Rahman from a certain Haor and completing investigation submitted charge sheet on 29-6-1975 against the accused persons under section 148/364/120B and 302 of the Penal Code, read with Special Powers Act, 1974, to stand, their trial. While the case was pending for trial in t..Category: Criminal Law | Date: | Hits: 99
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... on a First Information Report (FIR), dated 27th March 2002, invoking sections 409, 418, 201, 217, 218, 109 of the Penal Code, and Section 5(2) of the Prevention of Corruption Act 1947, which set the criminal proceeding concerned, rolling. The verbatim text of the FIR is reproduced below; প্...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......hter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka....... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabine..Category: Criminal Law | Date: | Hits: 133
....gality of an act is the same whether or not the sector has been misled by an assumption of authority on the part of a Government Officer however high or low in the hierarchy. 1 do not doubt that in criminal proceedings it would be a material factor that the actor had been thus misled if knowledge ...... What the noble Lord wanted to convey in the said observation is that in a criminal case a representation made by a department of the Crown contrary to law may affect in certain cases the question of mens rea of an offender and may also have some bearing on the question of sentence, but that canno...... of 1976.
(From the Judgment and Order dated May 6, 1976 passed by the High Court Division in petition No.134 of 1976 in both cases)
Judgment
Mahmud Husain CJ. - I have had the advantage of reading in advance the separate judgments proposed to be delivered by my learned brothers D.C. Bhatt..
Category: Others | Date: | Hits: 154
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....the plaintiffs by a registered deed dated 27.5.68 and delivered possession thereof. Defendants Nos. 1, 3 to 21 dispossessed the plaintiffs from the whole of schedule 1 land after being acquitted in a criminal case brought by the plaintiffs for cutting and taken away the aus paddy grown by the plaint......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......u Sheikh who died leaving two sons Sonaullah and Kukil Sheikh and one daughter Rahitan. Rahitan transferred her entire interest to her two brothers by a registered deed dated 6th Aswin 1350 B.S. Thereafter, schedule 2 lands were partitioned between the two brothers by a registered deed dated 8th..Category: Property Law | Date: | Hits: 79
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......leging that he was the owner in possession of the case land (as described in the petition of complaint). As the second party was trying to dispossess him from the case land there was apprehension of breach of peace. It was further stated the first party obtained loan from Public Bank Ltd, Tetibazar ..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....ashed and as such the Special Tribunal is not competent to take cognizance of the offence under the Special Powers Act and to hold the trial thereunder. The appellants are to be tried by the ordinary criminal court of competent jurisdiction in accordance with law. 14. The appeal is, accordingly, ......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e seized and Abdur Rahman was arrested. The charge-sheet was later submitted against these two appellants and 7 others including Abdur Rahman under section 255, 256, 258 and 259 of the Penal Code read with section 16(3) of the Act. The case was then transferred to the Court of Special Tribunal f..Category: Criminal Law | Date: | Hits: 76
Ismail Vs. State, 2009, 38 CLC (HCD)
....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......hter, Assistant Attorney General - For the Opposite party. Criminal Revision No. 91 of 2005. Judgment Mashuque Hosain Ahmed J. - This instant Criminal Revision is preferred under section 439 read with section 435 of the Code of Criminal Procedure against the impugned judgment and order of c..Category: Criminal Law | Date: | Hits: 92
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......witnesses. He further referring the evidences of police witnesses pointing the contradictions in their evidences submits that only the police personnel supported the prosecution case and there are no reasons to belief them in the facts and circumstance of the case. He further submits that the learne..Category: Criminal Law | Date: | Hits: 95
Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......against the judgment and order dated 28-5-1991 passed by the learned Special Tribunal Judge, Court No.1 Bogra, in Special Case No.32 of 1990 convicting the appellant under section 19A of the Arms Act read with section 14 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonm..Category: Criminal Law | Date: | Hits: 94
Maudud Vs. State, 1998, 27 CLC (HCD)
....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ...... XIV by the District Magistrate or by any Sub-Divisional Magistrate specially empowered by the Government in that behalf. Rule 32 of the said Rules provides that a licence for possession and use of firearms for the purposes of target practice by the members of military mess, or any club or associati..Category: Criminal Law | Date: | Hits: 87
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....after, the petitioner instituted Criminal Revision Nos. 978 of 1991 and 435 of 1992 in this Court under section 561A of the Code of Criminal Procedure for quashing the proceeding of the aforesaid two criminal cases. Both these revision cases are still pending before this Court. 4. The further cas......Rights with which passport authority is interfering, when it refuses or impounds or cancels a passport. It is a highly valuable right which is a part of personal liberty, an aspect of the spiritual dimension of man, and it should not be lightly interfered with. 7. The learned Advocate for the pet...... Fulbright Scholarship for prosecution of higher studies in USA. The Government of Bangladesh by its order dated 25.7.91, approved her extra‑ordinary leave to prosecute higher studies in USA and thereafter she left for USA in August, 1991. At that time, the petitioner was in detention. His wife le..Category: Constitutional Law | Date: | Hits: 238
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......ccused persons. 3. The case record was received for trial by the learned Additional Sessions Judge‑in‑Charge, Bagerhat, on 23.4.91 and the case was numbered as Sessions Case No. 30 of 1991. Thereafter charge was framed by the learned Sessions Judge, Bagerhat, by order dated 20.6.91 under sect..Category: Procedural Law | Date: | Hits: 80
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....vil contempt as follows: "Civil contempt. A species of contempt of court which generally arises from a willful failure to comply with an order of court such as an injunction as contrasted with criminal contempt which consists generally of contumelious conduct in the presence of the court. P......our view that the contemnor No.3 has simply carried on the process left behind by his predecessor and we cannot find any mala fide in his activities. There does not appear to be any evidence of mens rea on his part to deliberately flout the order or direction of the Court, and, therefore, we d......, the said letter of resignation to take effect from 08-3-1990. However, his resignation letter was not accepted there and then. 3. He resumed work on 09-3-1990 and continued in his service thereafter. On the other hand, a departmental proceeding was started against him for being absent from ..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147....... and given my anxious consideration to his submissions. 7. On going to materials on record it transpires that Title Appeal No.392 of 1994 was filed before the learned District Judge, Dhaka. Thereafter the same was transferred to the first Court of Additional District Judge, Dhaka, for disposa..Category: Civil Law | Date: | Hits: 95
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......ter in favour of the petitioner on 2-2-2006. As per terms and conditions of the sanction letter, the petitioner deposited royalty to the tune of Taka 1,56,159,00 and VAT Taka 23,424 on 5-2-2006. Thereafter, the respondent No.2 issued a formal lease-order in favour of the petitioner on 6-2-2006. Ho..Category: Property Law | Date: | Hits: 66
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