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American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......ate my views in a separate judgment. 2. The Dacca Municipality assessed the annual valuation of the building of the appellant Life Insurance Company being holding No.13/20, Motijheel Commercial Area Circle No.13 of the Dacca Municipality at Rs. 4,26,200/- under the East Pakistan Municipal Taxat..Category: Fiscal/Taxation Law | Date: | Hits: 156
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......ent along with his paternal uncle Lal Mia, cousins Mukul Master, Iqbal Mia, Nobi Mia and Badal Mia in order to save his brother. At that time accused Chootto and Parvez shot at them with local made firearms, he (the informant) was injured. Accused Chora Hussain struck Badal Mia on his head with ramd..Category: Criminal Law | Date: | Hits: 122
....ave to appeal has been directed against the judgment and order dated 19.05.2010 passed by the High Court Division in Criminal Revision No.454 of 2008.
2. The facts necessary for disposal of this criminal petition for leave to appeal, in short, are as follows:-
One Md. Jahangir Alam lodged an......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265.......arties compromised the matter among themselves. The learned Chief Metropolitan Magistrate, Dhaka then framed charge against the accused under sections 420, 406, 408 and 109 of the Penal Code and thereafter acquitted all the accused persons under section 345(6) of the Code of Criminal Procedure b..
Category: Procedural Law | Date: | Hits: 163
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ...... said outstanding amounts and the petitioner being Director of National Cold storage Ltd. issued two cheques of Taka 11,75.250 each on 30-9-2004 and 31-12-2004 in favour of the complainant bank. Thereafter the petitioner replaced the said two cheques of the same amount on 30-4-2005 and 30-5-2005 a..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....to be prosecuted under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004. It is contended that on the basis of wealth statement submitted by her husband, she can be made liable for criminal prosecution under the aforesaid penal provisions. Next he submits that the petitioner canno......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... Accordingly, Mr. Md. Nuruzzaman, Assistant Director, Anti-Corruption Commission lodged FIR against both the accused persons under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read with section 109 of the Penal Code on 9-8-2008. On the basis of the aforesaid FIR, investigatio..Category: Criminal Law | Date: | Hits: 100
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....mstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of section 441 of the Bangladesh Penal Code. 3. Facts releva....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......t information report alleging that while the appellant and his tenants were in peaceful occupation of the disputed house the accused respondents entered into the eastern room of a "dochala" hut by breaking open a locked bamboo door at about 10-30 A.M. on 22nd March, 1970; and that they also forcib..Category: Criminal Law | Date: | Hits: 94
.... is invalid. It is further contended that the appellant could not be treated as on re-employment after 31.1.73 and as such the proceeding before the Screening Board which was neither departmental nor criminal proceeding was not contemplated by P.O. 121 of 1972. Lastly the dismissal order cannot by p......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......y, 1973. The appellant alleged that no opportunity was given to him to adduce oral evidence. However, the appellant was placed under suspension by an order dated 25.7.73 with immediate effect. Thereafter on 26.11.73 the Government dismissed the appellant with effect from 25.7.73 on the basis of ..
Category: Employment/Service Law | Date: | Hits: 107
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......d June 8, 1978 passed by the High Court Division in Writ Petition No.534 of 1977 setting aside the order of conviction and sentence-passed against the appellant under Section 19A(f) of the Arms Act read with Item No.3 of the Schedule to the Special Powers Act, 1974 and remanding the case to the Ap..Category: Criminal Law | Date: | Hits: 91
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....mprisonment for 10 years and 7 years respectively with a direction to run both the sentences concurrently. 6. Though the impugned Judgment and order was appealable, the petitioner could not prefer criminal appeal before this Court for lack of legal advice as no Advocate was engaged on behalf of t......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......er order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 9.9.2004 the informant along with other D.B. personnel went on petrol duty at Bhashantek area on the basis of G.D. No.622. While on duty, the informant and his companions got a secret inform..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....scaping the liability to face trial. Besides, it has also been held by the apex Court that, delay in lodging an F.I.R., if properly explained, is not fatal and that there is no limitation to initiate criminal proceedings, vide the case between State and Jahedul Islam reported in 14 MLR (AD) 258. ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......as Union Parishad Chairman by adopting forceful means; that the people of the locality were afraid of him and nobody dared to speak against him and that some days before also he along with his gang, created reign of terror at Magurkhali Bazar which was recorded in a General Diary in the respective p..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......Special Case No.144 of 2007 of the Court of Senior Special Judge and Metropolitan Session Judge, Dhaka convicting the convict appellant under section 26(2) of the Anti-Corruption Commission Act, 2004 read with Rule 15(Gha) of the Jaruri Khamata Bidimala, 2007 and sentencing him to suffer simple impr..Category: Criminal Law | Date: | Hits: 133
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....udge of the Tribunal heard the application, rejected the same and framed charge against them under section 25C of the Special Powers Act by his order dated 15.4.2008. The appellants filed the present criminal appeal against the said order of framing charge, and subsequently obtained an order staying......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......urpose of sale. The police recorded the case and after investigation submitted charge sheet on 15.2.2008 against the appellants under section 25C of the Special Powers Act. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Noakhali, wherein it was numbered as Special..Category: Criminal Law | Date: | Hits: 99
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....tated above, while acquitted two others as the case was not proved against them. Challenging the said judgment and order of conviction and sentence, the appellant moved in this Court with the instant criminal appeal and subsequently obtained bail. 6. This appeal has been appearing in the cause li......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......, a widow lodged a complaint before the Thana Magistrate, Brahmanbaria on 29.3.1994 stating that she got married with one Ayat Ali 20/25 years back. Out of their wed-lock, two daughters were born. Thereafter the said Ayat Ali died leaving her in a helpless condition. At that stage, she was maintaini..Category: Criminal Law | Date: | Hits: 87
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....ecovery of any arms. In these days people do not dare to stand against illegal arms-holders and terrorists because of fear of life and honour. We must consider this social reality in interpreting the criminal law and rules of evidence. 11. The learned Judge of the Special Tribunal has considered ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......e Station Case No.22 dated 15.2.1995. The police, after investigation submitted a charge sheet on 14.5.1995 against the sole appellant under section 19 (a) of the Arms Act. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Comilla, wherein it was numbered as Special ..Category: Criminal Law | Date: | Hits: 94
....ated 15.04.2009 between the Deputy Commissioner, Sunamganj on the 1st Part and Md. Mizanur Rahman, Secretary, Mukterpur ম.ম.স.লিঃ of the 2nd Part, and thereafter to take steps to initiate criminal proceeding against the petitioner Md. Mizanur Rahman and the concerned office assistant, ......d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......for the years 1417 to 1419BS was not maintainable. Against this said notification inviting applications, the petitioner filed Writ Petition No.1505 of 2010 and obtained Rule and stay for 3 months. Thereafter, the respondents filed an application for vacating the order of slay, whereupon the High Cou..
Category: Property Law | Date: | Hits: 90
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....rs) Act, 1965 (hereinafter referred to the Act, 1965), praying for reinstatement in his job. It was claimed by the petitioner that the writ respondent Nos.2 and 3 hatched out a conspiracy to create a criminal incident in the Hotel. Accordingly, at 10.30 a.m. on 30.01.1996 about 25 to 30 hired misc......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......ing Orders) Act, 1965 (hereinafter referred to the Act, 1965), praying for reinstatement in his job. It was claimed by the petitioner that the writ respondent Nos.2 and 3 hatched out a conspiracy to create a criminal incident in the Hotel. Accordingly, at 10.30 a.m. on 30.01.1996 about 25 to 30 hi..Category: Labour and Industrial Law | Date: | Hits: 183
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....l in nature. A Magistrate can entertain only a petition by the aggrieved party and dispose of the matter in a summary manner and such a proceeding defore a Magistrate can rightly be termed as a quasi criminal and quasi judicial proceeding. On the other hand, section 5 of the Ordinance of 1985 empowe...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......gistrate after hearing the petitioner ordered for payment of Taka 300.00 and Taka 200.00 per month for the maintenance of the petitioner wife and the child respectively, vide order dated 20.12.86. Thereafter the opposite party husband preferred Criminal Motion No. 13 of 1987 before the Sessions Judg..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....s through the Annexure-‘F’‑Fax 00880‑2‑885787, Munic/ Germany, 20 October 1994 which reads as: "We the undersigned, confirm, in my position as public defence attorney, that there is no criminal procedure pending against the Austrian Citizen (subject) Stefan Pirker, born 19.12.1948. Th......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......iend, well‑wisher and employee of the detenu. The detenu is a citizen of Austria and is a business man by profession, He has been in Bangladesh for the last 5/6 years. He had been engaged in buying readymade garments from Bangladesh for the buyers in various European countries. The detenu in cours..Category: Criminal Law | Date: | Hits: 200
Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)
.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... locality owning a grocery shop and earning his livelihood of the income thereof. But the police being influenced by the enemies of the detenu arrested the detenu on 24.2.94 under section 54 CrPC. Thereafter the detenu was served on 25.2.94 with the order of detention vide Memo No. 45/(S)‑5‑C‑..Category: Criminal Law | Date: | Hits: 86
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....al it whether the High Court Division is justified in holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhal......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ...... (From the Judgment and order dated the 2nd June, 1976 passed by the High Court Division in Criminal Revision Case No.215 of 1976). Judgment Mahmud Husain CJ. - I have had the advantage of reading the separate judgments proposed to be delivered by my learned brothers K. Hossain and D. C..Category: Criminal Law | Date: | Hits: 115
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