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Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....that the detenue was arrested under section 54 on 30-8-1999 and to remove the detenue from the post of Chairman, and to pre-vent or obstruct the detenue in arranging his defence in the aforesaid criminal cases the impugned order of detention was passed which is illegal and void. No Affidavit- i......of the Constitution. In the case of Dr. Mohiuddin Farooque Vs. Bangladesh reported in 49 DLR (AD) 1 at page 13 Para 40 while interpreting the powers of the High Court Division under Article 102 and dimension of such powers this Court observed as under: ".............................. Article 10......emedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may include the, power to award compensation in a..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....al Code as well. This scurrilous disbelief towards all the institutions, investigating agencies, the ICT and the judiciary of this country in such a sweeping way is not acceptable. On the other hand, criminal liability does not lapse with the efflux of time. Therefore, this argument has no substance......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......mes under International Law. Section 3 of the said Act has been amendment on 14-7-2009 by inserting the provision to prosecute "individual or group of individuals" with immediate effect. Thereafter, 15th amendment of the Constitution was made on -3-7-2011 by amending Article 47(3) adding a..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
.............Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any ca......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......¦¿à¦¨ অযোগà§à¦¯ ধারায় অà¦à¦¿à¦¯à§‹à¦— হওয়ায় জামিনের দরখাসà§à¦¤ নামঞà§à¦œà§à¦° করা হইল।†4. It is stated that thereafter on 09.01.2011 the petitioner moved another bail application and on the order sheet though ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....gistrar to erase the name of such medical practitioner from the register". Section 29 of the Medical Act, 1858 empowers the medical council to convict for felony or misdemeanour with a criminal conviction. In case of infamous conduct which is not connected with a criminal convict......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......e XI of Rules of 1988. As such, this petition is misconceived one. However, on consideration of the fact that three senior most learned counsel expressed their desire to make further submissions, we treat this case as an exceptional one and recall the unsigned orders in exercise of inherent pow..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ...... 05.01.2003, in the absence of the parents of the victim girl the accused brought a fake "moulvi" to the house of the informant and performed a fake marriage between he and that victim girl and thus created a belief in the mind of the victim girl that she was legally married wife of the accused and ..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....ion Commission Vs. Dr. HBM Iqbal Alamgir, reported in 15 BLC (AD) 44 it has been held that; "It is well settled that when a person seeks remedy from a Court of law either in writ jurisdiction or criminal appellate, revisional or misÂcellaneous jurisdiction under section 561A of the Code of Cri......stry of Home Affairs and Secretary Ministry of Law Justice and ParliamenÂtary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......een exercised without application of mind and mechanically or the order in question is a mala fide one or the order has been passed on some extraneÂous consideration or how far the order is fair and reasonable it can certainly be examined and decided by the Court. The Court cannot be debarred to ex..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Government of Bangladesh and othÂers Vs. Md. Badal and another, 2012, 41 CLC (AD)
....and another……………………………Respondent Judgment April 17, 2012. Result: The appeals are allowed. Maintainability of writ petition where specific criminal case has already been started When a specific criminal case is started and now pend......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......……………………Respondent Judgment April 17, 2012. Result: The appeals are allowed. Maintainability of writ petition where specific criminal case has already been started When a specific criminal case is started and now pending before the conÂ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....on did not mention this provision, it is presumed that it made the observation in the impugned orders keeping in view of this section. This provision relates to the offences Penal Code triable by the criminal courts constituted under section 6 of the Code of Criminal Procedure, which is a general la......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......on team. 2. Mr. Ahsanul Karim, learned counsel appearing for the accused-respondents raises a preliminary point that these petitions have become anfractuous, inasmuch as, the appeals have already been disposed of Mr. Khurshid Alam Khan and Mr. MA Aziz Khan, learned counsel appearing for th..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ...... based on any law or police regulations. That the petitioners were not considered for promotion for having 3 black marks / major punishments and will not be ever considered for promotion for the said reaÂson. It is stated that there are some Sub-Inspectors who were considered and were eventually gi..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......ana. At that time, Gulapjan Bibi, mother of the P.W. and his daughter Ayesha Begum closed the door of the partition. Accused Babul (hereinafter referred to as the appellant) entered into the room by breaking the door by lathi and kicked his mother. Accused Talebul Ayesha Begum and she fell down..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......ions in questions were included in the list of MPO by the authority concerned. Before excluding these educational institutions from the list of MPO the authority concerned ought to have assigned reasons for doing so and also given opportunity to these educational institutions of being hear..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....175 of 2009. (From the judgment and order dated 11th November, 2007 passed by the High Court Division in Criminal Miscellaneous Case No.3280 of 2002) Order Muhammad Imman Ali J. - This criminal petition for leave to appeal is directed against the judgment and order dated 11.11.2007 pa......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grantÂing order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......ected the application by an order on 27.05.2001 and fixed 11.06.2001 as the date for framing of charge. The trial Court on 20.06.2001 framed charge against the petitioner under section 17(e) (ii) (v) read with section 24 of the Securities and Exchange Ordinance. 3. The respondents herein filed ..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....ivision for quashing the impugned proceedings and obtained the Rule giving rise to Criminal Miscellaneous Case No.22467 of 2008. 7. A Division Bench of the High Court Division hearing the said two criminal miscellaneous cases by two separate judgments and orders discharged the Rules; hence these ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......, for non-payment of dues, when the cheques were presented to the Bank for encashment, those were dishonoured on 04.10.2007 for insufficiency of fund in the account of the drawer (the petitioner). Thereafter, a legal notice was issued to the accused-petitioner on 31.10.2007 demanding payment of mone..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......inst the accused No.1 (the appellant), has submitted charge-sheet No.307 dated 22-10-2010 against him, under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003). 4. Thereafter the case, being ready for trial, the record was transmitted to the Court of Nari-o-Shishu Ni..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
....orney General appearing for the State-opposite party submits that the petition of complaint clearly discloses the offence of illegal use of design registered by the complainant, which is definitely a criminal offence. The Court on examining him took cognizance of offence against the petitioners and ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......y mark’ as defined under sections 478 and 479 respectively under the Penal Code. In that view of the matter, the charges against the petitioners appear to have been wrongly framed. But for that reason the proceedings cannot be quashed. If the charge is framed under wrong section of law, it may..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......ions, the appellants, who are now charged with the offences under the Penal Code, are found guilty then the trial Judge will be bound to take into account the fact that the accused persons are already undergoing their sentences awarded to them for the selfsame occurrence……&he..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....gra. Learned Judge of Tribunal No.2 heard the case on 27.3.1997 regarding framing of charge and fixed 30.3.1997 for order. In the meantime, the accused-petitioner moved in this Court with the instant criminal miscellaneous case for quashment of the proceedings and obtained the Rule with an order of ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......me to know that she was carrying for six months. Because of the pre-marriage pregnancy she was left by her husband and took shelter at her parent’s house. In that situation, she had to disclose the reason of her pregnancy. The local elites also interrogated the accused, to which he confessed his g..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption CommiÂssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......ice station Case No.48(1)2011 was started against the opposite Party No.1 and others under sections ২(ট)(অ)/৪(২) of the Money Laundering Protirodh Ain, 2009, hence the case. 3. Thereafter the Anti-Corruption Commission, Dhaka investigated the case; during investigation ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....taking aid of section 247 along with section 561A of the Code of Criminal Procedure. 16. Having regard to fact that the instant Rule was issued on an application under section 439 of the Code of criminal procedure to adjudicate the judgment and order dated 17-8-1992 passed by learned Additional......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......the accused Section 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearing of the case, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day. ............ (1..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......nationalized and privatized industry namely Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1, 0024, 000/-only, under an agreement dated 18.06.1987, executed by the Government and the Company. Thereafter, on 14.11.1994 a deed of financing was executed in between the plaintiff and the company for..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
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