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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ......1160 of 2009 before the Chief Metropolitan Magistrate Court, Chittagong, under section 138 of Negotiable Instrument (Amendment) Act, 2006, alleging, inter alia, that the complainant and the accused are neighbours and are known to each other. In the course of transaction, money was due to t..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 150   ......er on 13-10-2015. From the order dated 7th December, 2015 (Annexure-C to the supplementary affidavit filed by the petitioner) passed in Criminal Miscellaneous Case No. 48298 of 2015, we find that the accused-petitioner was granted bail by the High Court Division in Jessore-Kotwali Police Station Cas..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 167   ......0 is accepted. The Criminal Appeal is dismissed. Evidence Act (1 of 1872); Section 106 Section 106 of the Evidence Act has attribute the liability of proving the facts on the accused when the same is especially within his knowledge. In this case; we have noticed that the con..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......stan Army and they were under their command and that after liberation as many as 45 cases were filed on the allegations of intellectual killings and in those cases the petitioner was not impleaded as accused. Hossain lastly sought for commutation of sentence of the petitioner from death to imprisonm..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....utan Singha. The informant was Satya Ranjan Singha and the case was registered under sections 302/120B/298 of the Penal Code. Accused Salauddin Qader Chowdhury was arrayed as accused No. 2 showing as absconding. Exhibit 38 is the issue of Dainik Azadi dated 8th December, 1970, paper book Part-III, p......;nal for taking cognizance of the offences against Salauddin Qader Chowdhury. The tribunal on perus­al of the formal charges and other documents having satisfied that offences alleged against the accused are punishable under section 3(2) of the Act of 1973 took cognizance of the offences and iss..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......lly provid­ed that by the time premarital pregnancy of Malatt Rani is terminated. Thus, on good faith Malati Rani's premarital pregnancy was aborted by administering certain medicine. But the accused party did not keep promise nor did Sanjay marry Malati Rani. Next Malati Rani raised the mat..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......onal right of the convict petitioner is still in question”. It was further observed that ‘the punishment prescribes in section 6(2) of the Ain is such that if the Bishesh Adalat finds the accused guilty it can do no more than to impose the mandatory punishment of death”. 3. We..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......onal right of the convict petitioner is still in question”. It was further observed that ‘the punishment prescribes in section 6(2) of the Ain is such that if the Bishesh Adalat finds the accused guilty it can do no more than to impose the mandatory punishment of death”. 3. We..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......Additional Sessions Judge, First Court, Sylhet, in Sessions Case No. 43 of 1993. 2. The short facts, for the disposal of this appeal, are that there was a long standing internal feud between the accused and P.W.7 Masuk Uddin and to the effect that the accused attempted to murder him (P.W.7) but..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ...... the pro­ceeding would be abuse of the process of the court or that the ends of justice require that the pro­ceeding ought to be quashed……(45) Non implicating any person as accused in a proceeding cannot be a ground for quashing the proceeding of the charge-sheeted accused..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......dated 20-2-2014 passed by a Division Bench of the High Court Division in Criminal Revision No. 357 of 2013 summarily rejecting the application by the majority views of the learned Judges. 2. The accused-petitioner, Mafruza Sultana, filed Criminal Revision No. 357 of 2013 before the High Court D..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......rroneous belief and is hence legally untenable. The truth is that Bangabandhu granted mercy to those collaborators only who committed no criminal offence. He did certainly not insulate those who were accused of criminal offences during the liberation war period. As a matter of fact by dastardly kill..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......ng Police Station to treat the petition as FIR and Police Station sent the same to the Court being Double Mooring Police Station Case No. 12 of 2013. It is at this stage the petitioner who is also an accused in the aforesaid two criminal cases moved this Division and obtained the present Rule and or..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......007 passed by the High Court Division in Criminal Appeal No.158 of 2006 dismissing the same. 2. Facts necessary for disposal of this appeal are that the appellant (hereinafter referred to as the accused) along with his father, Amanath Ullah Fakir was put on trial before Nari-o-Shishu Nirjatan D..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......-6-2001. The petitioner did never misuse the terms and conditions of the licence and there was no complaint against the petitioner from any quar­ter in that regard and he was not a charge-sheeted accused in any criminal case. 4. In the Supplementary Affidavit dated 4-12-2014 filed on behalf..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ......r was not in the FIR nor in the statements of the witnesses under section 161 of the Code, he was a bene­ficiary of the alleged illegal transaction which was allegedly done in connivance with the accused named in the FIR and the charge-sheet. Since the petitioner was engaged in the said transact..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......neous Case No.14532 of 2012. Judgment Md. Moinul Islam Chowdhury J.— This Rule was issued on an application under section 561A of the Code of Criminal Procedure at the instance of the accused-petitioner, Sree Shamvunath Karmaker and another calling upon the opposite parties to show c..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ...... punishable under section 27 of the Ain. The respondent was also found guilty under section 5(2) of Act II of 1947 and for prosecution of that offence no notice is required to be served upon the accused per­son...........(6-8) Case Referred To- Anti-Corruption Commission Vs. Mohiu..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)

....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......ict-petitioners Billal and Jahirul from a nearby pond. P.W. 4 recognized both the petitioners. The villagers assaulted the convict petitioners, consequently, both of them were injured and left leg of accused Billal was broken. 4. The Investigating Officer, holding investigation, submitted charg..

Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....her signed copy of the order of commit­tal be kept with record, for ready reference, if so required. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 225     ...... with Suo Moto Rule No. 2 of 2014. Judgment Md. Rezaul Hasan J.— This Rule has arisen out of the petition for drawing up contempt pro­ceeding, filed by the petitioner, against the accused-contemner Mr. SOM Kalimullah, Managing Director, Bangladesh Telecommunica­tion Company L..

Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10