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Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

....t he did not see taking away of the victim. He denied the suggestion that the age of the victim was 18 years or that he was deposing falsely. 13. P.W.8, Md. Idris Ali deposed that he was the Headmaster of West Awliapur Government Primary School. The victim was admitted into his school in Class-...... Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)

....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......5. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whether the substance undern......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..

Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....d be discharged as being not maintainable. In the result, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ......mayun Hafiz (Md.), Intelligence Officer.....................Petitioner Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others..................................Respondents Judgment July 24, 2005. Resul...... seek his remedy under Article 102(1) but, in all other cases, he will be required to seek remedy under Article 117(2). 12. Moreover, regarding the departmental proceeding against the government servant, it is held in the decision of Serajul Islam (Md.) Vs. Director General of Food 42 DLR (AD) ..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being rep­resented by its Vice Chancellor and others……………………………………………………………Opposite Parties ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ...... in: 57 DLR (2005) 345. ...... or like ground and only after the recommendation of an enquiry commission consisting of one or more judges of the Supreme Court. So, the service of a commissioner is made more secured than that of a servant of the Republic how high he may be. 44. Section 29 of the Act delineates the broad obje..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul­ Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL......n was not known. No Police Report either in the form of Final Report or Charge-sheet appeared to have been laid by police and nothing could be traced out in the record of the case. 5. Md. Belal, servant employed in the house of deceased Nilufar and Mahbubuddin, on the following day of commissio..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......e oral and documentary, in view of the fact that facts admitted need not be proved. The Petitioner not only obtained the registration by practicing fraud but also gave false affidavit before a public servant knowing it to be false." 19. This Court accordingly and similarly finds that the e..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....cate was not necessary for promotion in the post of Assistant Head Master, that only 4 years experience a Assistant Teacher was the requisite qualification for the motion in the post of Assistant Headmaster. Supporting this defence version, P.W.6 Abdur Rashid, Thana Education Officer, admitted in hi......dgment Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Com......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711.     ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

.... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ......8) 73. ...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186.  ......rt Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Md. Farid Uddin Ahmed…………………..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: ......ment division, were entrusted with the property in question or with dominion over it and he committed the criminal breach of trust in respect of it. The mere fact that due to act done by the public servant some one got the pecuniary benefit will not ifso facto bring him within the mischief of su..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......ellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8­-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)

....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615.       ......espondent. Criminal Appeal No. 1381 of 2002 with Criminal Appeal No. 1396 of 2002 with Criminal Rule No. 152(R) of 2002. Judgment Md. Ashfaqul Islam J.- Criminal Appeal No.1381 of 2002 and Criminal Appeal No.1396 of 2002 preferred by the convict appellant Md. Asadul Hossain and Mukul ...... further stated Yousuf Malitha, his son and daughter were present in the house but they could not disclose wherefrom the terrorists came to their house. He has denied the suggestion that Mukul is the servant of Afiluddin and that he is a man of Meherpur District and that he has been falsely implicat..

Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9

State Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ....... Ed. ......n the tender their quoted rate was 1.53 US Dollar. 11. The relevant portion of section 5(2) of Prevention of Corruption Act, 1947 is quoted below: "5. Criminal misconduct.— (1) A public servant is said to commit the offence of criminal misconduct— ...................................

Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

.... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ......others...........Respondents Judgment March 21, 2005. Result: The application is disposed of. Cases Referred to- Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 ......J who spoke for himself and on behalf of PN Bhagwati, J, was of different opinions and Justice Iyer questioned about the criticism of a Judge for the negligence to his wife and torturing his domestic servant. We do not find any cavil on the proposition raised in that case. We are of the view that a ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ...... State..............................................Opposite Party Judgment March 12, 2005. Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awronga Vs. State, 46 DLR (AD) 186. ......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)

....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ......iction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J AK Fazlul Hoque ..........................................Petitioner Vs. Secretary, Ministry of Housing and Works and others..............Respondents Judgment March 8, 2005. Result: Th......o No.E­-19/360/1(2)/Dha Dhe‑2, dated 12‑3‑2002 addressed to the Deputy Director (Administration and Training), National Housing Authority, Segun­bagicha, Dhaka, stated that a government servant occupying a government accommodation unauthorisedly is not entitled to get pension or 80% of..

Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......vil)  Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J   Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents   Judgment January 5, 2005.  The E......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ...... in: 57 DLR (2005) 546.   ...... accused petitioners within the mischief of section 418 of the Penal Code and to that effect, under section 5(2) of Act II of 1947. He candidly submits, Md. Nasim in no way can be said to be a public servant as he does not come within the definition of public servant as per section 21 of the Penal C..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......eported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......etitioner Vs. State & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, mon......nager and, as such, his act does not come under any criminal offence. That he did not dishonestly misappropriate any amount of money of the Bank. Next, he submits that the petitioner was not a public servant to face trial in the Special Court but the learned Special Judge had illegally taken cognisa..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1