Search Options
Judgment Advanced Search
Displaying 1401-1420 of 3048 results.
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....ecution to prove the prosecution allegation. The defence has no burden to prove the innocence of the accused. It is well settled that if the defence version of the case is found to be not proved in a criminal proceeding, this will not absolve the prosecution of their liability in proving the prosecu......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......ew Baggage Examination counter. In presence of Inspector Safiar Rahman (a member of the Surveillance team) P.W.2 M. Shamsuddin Mollah, Inspector of Customs started examining appellant's baggage. He read the appellant's Crew declaration form Ext.5 and found mention of an Echolac bag therein. P.W.2 ..Category: Criminal Law | Date: | Hits: 87
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......ok cognizance of the offence against the petitioner recording that he was so directed by the learned Sessions Judge. The petitioner then surrendered before the Magistrate and was released on bail. Thereafter she filed this application under section 561A of the Code of Criminal Procedure for quashing..Category: Criminal Law | Date: | Hits: 81
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at about Taka 21,00,000. 2. S..Category: Criminal Law | Date: | Hits: 82
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......d common question of facts and are disposed of by one judgment. 2. These Rules are directed against the proceeding in Metro Special Case No. 95 of 2002 under sections 409/402/109 of the Penal Code read with section 5(2) of the Anti‑Corruption Act, 1947 arising out of BAC GR Case No.33 of 2002 n..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....the Rule and vacated the order of stay vide judgment and order dated 15.08.2006 and thereby affirmed the order dated 08.02.206 passed by the learned Court of Metropolitan Sessions Judge Chittagong in criminal Revision No.28 of 2006 setting aside the order dated 06.10.2005 passed by the Chief Metropo......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......he missing of his son from HRC shipping authority on 11.02.2004 and that on 12.02.2004 the informant came to know from a secret Telephone that dead body of his son has been found on the sea. 4. Thereafter the informant's relatives found the dead body in the Patenga police station and they found m..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....জনীয়। 4. Further case of the petitioners are that the Ordinance has been promulgated purportedly with an objects inter alia (a) to remove corruption through an alternative way of criminal trial of the offence and (b) to reduce the burden of the trial by the state, which are cont......ed Ordinance contains provisions to handout punishment to the persons appearing before it, in as much as under Section 25, the Commission has the authority, amongst others, to confiscate the money commensurate to the amount illegally earned and such confiscation results in to debar the person concer......Ordinance") (Annexure-A) by which a Commission has been formed in the name and style Truth and Accountability Commission hereinafter called the Commission. 3. The petitioner's case is that in the preamble to the impugned Ordinance amongst others it is stated that, to অনিয়ন্ত্র..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....s. 20. Contentions raised from side of convict-appellant are now addressed. Contention No.1: Search and seizure are essential steps in the armoury of an investigation in investigation of a criminal case. The Code itself recognises the necessity and usefulness of search and seizure as evid......itute offence under section 19(f) of the Act must be conscious possession or actual control and possession or control of incriminating articles constitute offence. To constitute offence there must be mens rea or guilty knowledge. Existence of mens rea or guilty knowledge is the sine quan non for off......ied with. Whether seizure of the weapons of offence could be established by prosecution is all together a different matter. The seizure of articles of crime whether could be proved beyond the pale of reasonable doubt will be considered when pivotal point in this appeal shall be dealt with Contention..Category: Criminal Law | Date: | Hits: 84
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate." From a careful reading of the above section it is found that when an offence under clause (c) of section 195(1) of ..Category: Criminal Law | Date: | Hits: 94
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... a Society has been indemnified for all costs, charge, travelling and other expenses incurred by him out of the funds in the conduct of the Society's business and no legal proceedings either civil or criminal shall lie against him in respect of anything done in accordance with the powers conferred o...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......ank, Annexure‑F‑1, approving a monthly allowance of Taka 5000, for performing as secretary of the bank as additional duty and a credit voucher, Annexure-N for a sum of Taka 1,80,000 against the arrear allowance as secretary of the said bank during the period between 1‑2‑99 and 31‑1‑2002...Category: Criminal Law | Date: | Hits: 89
....at the petitioners are not bound to pay the said bill and the said suits were pending at the time of moving this application. After the passing of the order by the learned Magistrate in the aforesaid criminal case, the petitioner Nos.2 and 3 others paid Taka 40,000 as their fine and the petitioner N......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
...... 10,000 upon each of the accused in default to suffer rigorous imprisonment for 3 months and further ordered that the respondent will prepare a bill for 91,200 units together with compensation but thereafter the respondent instead of doing that through the respondent No.3 served a notice upon them f..
Category: Others | Date: | Hits: 135
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......he provision of the Act itself. Rules framed in derogation of the parent legislation must be held to be void. Rule 30 of Arms Rules cannot, therefore, override the distinct provision of the Arms Act treating a dagger as an instrument of offence under the Arms Act. 13. It has been held in the case..Category: Criminal Law | Date: | Hits: 78
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....reparations are complete and the culprit commences to do an act with the necessary intention, which is a step toward commission of the offence. 18. An attempt is an act done in part execution of a criminal design, amounting to more than a mere preparation but failing short of actual consummation.......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......, was sleeping along with her minor sister in their dwelling hut at village Mohadebpur, Police Station Netrokona. At about 11.00 PM accused Abdur Razzaque stealthily entered into the dwelling hut by breaking open the Jhap door and committed rape on Mazeda Khatun against her will. It has been stated ..Category: Criminal Law | Date: | Hits: 94
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....arked exhibits. No other papers were produced before the Labour Court by the respondent No. 2. 7. Be that as it may, the first information report referred to above mentioned about some violent and criminal acts committed by some workers of the petitioner-company including the respondent No. 2 int...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......ng to procure any advantage for, such person or any other person; or (d) compel (or attempt to compel) the employer to sign a memorandum of settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of telephone, water and power facilitie..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......০/১এম-২২০০(খন্ড-১)৫৬ dated 27.01.2004 directed Rajdhani Unnayan Kotripokkha (RAJUK) to sell out 13 (thirteen) abandoned houses after evaluating the market price; that thereafter, the Ministry of Housing and Works vide Memo No. শা-১০/১এম-২২০০(অং..Category: Administrative Law | Date: | Hits: 173
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....l, 28 DLR (AD) 38, State Vs. Abdul Quader Chowdhury, 31 DLR (AD) 69, 3 BLT (AD) 129, 19 ELD (AD) 20, 36 DLR (AD) 15, 55 DLR 596. 8. The above decisions were cited in respect of the quashing of the criminal proceeding by the High Court Division under section 561A of the Code of Criminal Procedure.......ner submits that to constitute offence under sections 409/109/511 of the Penal Code and section 5(2) of Act II of the Prevention of Corruption Act, 1947 there must be ingredients of misappropriation, mens rea, dishonest intention for misappropriation, but in the present case there is no allegation t......een further alleged in the FIR that the then Prime Minister Sheikh Hasina and other accused persons with an intention to cause monetary loss to the Government and to earn money for themselves have created an opportunity for the NIKO Resources a foreign company. On this allegation one MM Shabbir Ha..Category: Criminal Law | Date: | Hits: 126
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....r the Code of Criminal Procedure but under a special law and when exercises its jurisdiction under another law its power and function are to be exercised as given by that law unless provisions of criminal procedural laws are made applicable to that Court. No provisions for appeal or revision has......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ...... to pay 75% of back wages. 5. Against the said decision, the Management filed a Writ petition No.353 of 1980 in the High Court but it abated with the promulgation of Martial Law. The petitioner thereafter approached Mr. Mahboob Alam, the then Manager of the said Establishment to comply with the..Category: Labour and Industrial Law | Date: | Hits: 177
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......ellants were arrested and the seized capsules along with the seizure list were sent to the complainant namely, the Drug Superintendent, who forwarded the same to the analyst for test and report. Thereafter Mr. Shamsul Huq Shikdar, the Drug Superintendent filed a complaint before the Drug Court, Dh..Category: Criminal Law | Date: | Hits: 83
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......rge, deposition of the witnesses, examination of the accused under section 342 of the Code, impugned judgment and other materials on record submitted that prosecution witnesses proved the case beyond reasonable doubt against the condemned prisoner about murdering his mother and, as such, he deserved..Category: Criminal Law | Date: | Hits: 72
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......at his elder brother Mosudur Rahman (Babu) received serious injuries and he is in Sher‑e‑Bangla Medical College Hospital and hearing the aforesaid news the informant rushed to the hospital and thereafter he on query came to know from his brother that on 8‑12‑95 at 8‑30 PM while his brother..Category: Criminal Law | Date: | Hits: 74
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
....itioner was asked to produce his documents. Section 160 of the Code of Criminal Procedure authorises police officer to direct any person to appear before him and in connection with investigation of a criminal case. Under clause (1) of sub-section (1) of section 4 of the said Code investigation inclu...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......o produce his documents on 24-7-95. Petitioner stated in paragraph 4 of the petition that in compliance with the said notice he appeared before the respondent No.4 and obtained 15 days’ time and thereafter filed this case. On going through the said notice we find that there is no reference of any ..Category: Criminal Law | Date: | Hits: 60
63036298629262886287628562845955595259475945585058485845583658275825581858125810