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Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
.... alias Liton was, however, granted bail. The accused party moved the Sessions Judge in Criminal Miscellaneous Case No.1041 of 1990 seeking the release of the victim girl and the petitioner also filed criminal Miscellaneous Case No.1064 of 1990 seeking the custody of the minor girl. Both the applicat......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......n for amendment, were impleaded as parties and Rule was also issued against them. Simultaneously prayer for conversion of the application under section 491 Cr.P.C. to an application under section 439 read with section 435 of the Code of Criminal Procedure was also made. As no order for conversion as..Category: Criminal Law | Date: | Hits: 80
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ...... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......in the custody of the accused Dipu Mondal he must be held responsible for the death of his wife. No explanation has been offered by the accused Dipu Mondal. about the death of his wife which is not reasonable and his conduct is offensive in law and as such strong presumption of his guilt can be re..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......ne) year more. The petitioners along with two others moved the High Court Division in Criminal Appeal No.1874 of 1989. A Division Bench of the High Court Division maintained their conviction on the reasonings as under: "From the evidences (sic) it has been found that all the prosecution witness..Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261....... overtook them near the house of one Abdul Mondal on the Fakirabad Ram Krishnapur Road. The deceased was going to Bheramara by a Motor Cycle with one Azman. At about 9:00 A.M. when deceased and Azman reached in front of the house of P.W. Dr. Hamidul respondents along with others intercepted them a..Category: Criminal Law | Date: | Hits: 48
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....ring on behalf of the petitioner, submits that since special provisions has been provided under Section 138 of the Negotiable Instrument Act in the case of dishonouring of a cheque by the bank, a criminal proceeding for the selfsame cause of action under Sections 406/420/109 of the Penal Code ......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......s. She alleged in the FIR that the occurrence took place on 10th Octobcr,2001 at about 8/9 a.m. while her husband deceased Mofazzal Hossain alias Rangu (a supporter of Awami League) was taking his breakfast at the shop of Nazimuddin Chukider at Baramisha Bazar, accused Sayedul, Antaj Ali, Azahar A..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ...... her parents house. On 16th November, 1998 accused-respondent along with other accused who are his relations came to her parent’s house at night for finalizing the talk to take her to his house. Thereafter the other relations of the accused-respondent who came with him left her father's house at n..Category: Criminal Law | Date: | Hits: 71
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......is country and that the forfeited book is its 10th edition. It have been stated that the views expressed in the book have not outraged the religious feeling of the Muslims of Bangladesh and has not created any ill‑feeling or hatred between communities. In the petition it has been stated- "The boo..Category: Constitutional Law | Date: | Hits: 204
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....ender which however, is a matter of fact and matter of evidence to be decided by the relevant Court in that proceeding. 19. Further, under sections 87, 88 and 89 of the Criminal Procedure Code the criminal Courts exercise its coercive power to secure attendance of an accused who had absconded and......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......ce under section 7(b) of the Special Powers Act. The FIR to this effect was filed by the officer‑in‑charge Lalbagh Police Station with the Magistrate on 14.2.91. The police after investigation thereafter submitted a charge sheet against the petitioner Anwar Hossain Monju on 24.2.91 under section..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ...... 17.4.80 was started. The SI of Police Kanchan Ali Talukder of Sutrapur PS visited the place of occurrence, held inquest and sent the dead body to the Milford Hospital for post mortem examination. Thereafter SI of Police Mohammad Manir Hossain Bhuiyan of Detective Branch, Dhaka Metropolitan Police, ..Category: Criminal Law | Date: | Hits: 116
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
....e Code of Criminal Procedure and as such the initiation and continuation of the original proceeding against the accused petitioner and others is an abuse of the process of law and Court and hence the criminal proceeding is liable to be quashed to secure the ends of justice. 6. Mr. Abdul Hamid Cho......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......mits that requirement of law as provided in section 196 of the Code has not been followed. The complaint of the case having contained allegations under section 295A the addition of which section has created an absolute bar in taking cognizance of the offence on the basis of any complaint, unless mad..Category: Criminal Law | Date: | Hits: 70
Alamgir and others Vs. State, 2010, 39 CLC (AD)
....to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......abeya brought the victim to the hospital by a rickshaw van and on their away to the Hospital injured Badal disclosed to them that the petitioners along with two others called him from his shop and thereafter fired gun shots at him, when the victim fell down then the other accused persons dealt blow ..Category: Criminal Law | Date: | Hits: 59
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......was for a decree of partition against these petitioners and others on the allegation contending, inter-alia, that the land of C.S. Khatian No.158 under mouza Madinabad belonged to Sunu Morol and thereafter the said land was recorded in the name of Sunu Morol in R.S. Khatian No.239 and S.A. Khatian..Category: Property Law | Date: | Hits: 69
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ured some false and forged documents with a view to prevent the respondent No.3 from functioning as the Managing Director of the company against which the Registrar, Joint Stock Companies filed a criminal case against them. In the absence of the respondent No.3, the petitioner No.2 was the custo....... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......G.R. Case No.922 of 2007 arising out of Joydebpur PS.Case No.83 dated 30th September, 2007 pending in the Court of Chief Judicial Magistrate, Gazipur. 3. Respondent No.3 Ms. Ok-Kyung Oh, a South Korean Citizen is the informant in G.R. Case Nos. 915 of 2008 and 922 of 2007 while the Registrar, Joi..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
.... of required documents and that it can direct a Company to correct the documents supplied and may also report the circumstances of the case to the Government and the Government may, in turn, initiate criminal proceedings, in appropriate circumstances by resorting to section 203 of the Act. It is fur......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......ted in Bangladesh under the provisions of the companies Act 1994. The Company was set up on 1st October, 1996 pursuant to a joint venture agreement dated 14th September, 1996 executed by four South Korean and three Bangladeshi citizens. The writ petitioner No.2 as well the writ respondent No.3, are ..Category: Company Law | Date: | Hits: 175
Md. Mahfuzul Haque Vs. Bangladesh, 2008, 37 CLC (AD)
....si as P.W.5 and at that stage of the suit the defendants filed an application for non consideration of the testimony of Anjalia Bala Dasi made under section 164 of the Code of Criminal Procedure in a criminal case and a report of the thumb impression expert in the suit. The learned Joint District Ju......n the circumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly, petition is dismissed. Ed. This Case is also Reported in: ......ought to have been for expunging a portion of the evidence of P.W.5 Anjali Bala Dasi on the grounds mentioned in the application. The High Court Division further observed that the application can be treated as one for expunging a portion of the deposition of P.W.5 Anjalia Bala Dasi. The High Court D..Category: Others | Date: | Hits: 147
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184....... delay caused in filing the appeal is required to be allowed so as to enable the appellant petitioner to get a chance of getting the appeal heard and disposed of on merit according to law. For the reasons stated above, the prayer for condonation of delay in filing the appeal is allowed. Let t..Category: Procedural Law | Date: | Hits: 112
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....th sentence. 6. Being aggrieved by the judgment and order of conviction and sentence as above mentioned passed by the trial Court the convict appellant has also preferred the instant at Deal being criminal appear No.765 of 1987. An appeal was also filed from jail on behalf of the convict being Ja......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......her another son Hasan through Nasir, the son of Dost Mohammad. When Hasan went to the house of the proprietor in search of Tutul the proprietor and his other brothers demanded bangles from them and threatened them saying that they would realise the price of the bangles by way of selling the CI Sheet..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....em with offence with which they stood charged. It may raise a suspicion, which however strong, cannot be the basis of conviction. 28. It is sometimes difficult for Court to arrive at real truth in criminal case. The judicial process can only operate on firm foundation on actual and credible evide......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......nt along with others took settlement of the land of Paul Choudhury. The accused party claiming them to be Borgadar of Paul Choudhury's land tried to dispossess them from the land and that led to the creation of much bad blood between them and got both parties involved in series of litigations. 3...Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at action should not be taken: Provided that this clause shall not apply- where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction of a criminal offence; or (i) where the authority empowered to dismiss or remove a person or to reduce......he assessment, and allow to enter into any establishment at any time to facilitate the assessment work. The respondent No.2 is also directed to pay the remuneration of the members of the Committee commensurate with the status of the members. 5(b). The Committee shall submit the report to the par......damental rights of the petitioners as guaranteed by Articles 27,29,31 and 40 9of the Constitution and /or such other or further order or orders passed as to this Court may seem fit and proper. Thereafter, on the application of the petitioners a supplementary Rule was issued on 22.07.2009 calling..Category: Constitutional Law | Date: | Hits: 145
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