Search Options
Judgment Advanced Search
Displaying 1-20 of 3048 results.
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....(2) In 63 DLR (2011) 137: (Shah Alam Vs. State) Bench of this Division has held that, "Joint Signature--"Stop payment instruction" cannot exonerate the drawer of a cheque from the criminal liability under section 138 of the Act. Similarly, if the drawer of the cheque in......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 ...... under section 561A of the Code of Criminal Procedure, by the usurping function of a trial court. ……..(10) A cheque, which is otherwise complete except the date, will be treated as an inchoate document handed over to the payee with implied authority (unless an express au..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
.... status of the petitioner is different from that of the status of the normal citizens of the country. The report of the Special Branch of Police dated 25-10-2015, reveals that there are as many as 14 criminal cases pending against the petitioner. The petitioner is fugitive from justice in Jessore Ko......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 ......15. On 13-10-2015, the petitioner went to the office of respondent No. 2 and asked for delivery of the new passport. But respondent No. 2 refused to deliver the passport to the petitioner without any reason whatsoever. Respon-dent No. 2 expressed that he was unable to deliver the passport to the pet..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....n Nobi and Rexaun Nobi. The said two brothers after getting the disputed land under exchange deed in equal share started living thereon and later on conflict arose which resulted in various civil and criminal cases amongst them. The predecessor of the respondents, Md Rejan Nabi as plaintiff fil......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......t, Kushtia for partition against his brother Yeamin Nobi (predecessor of the present appellants) and got Preliminary decree on contest vide judgment and decree dated 12-4-1980. The defendant No.1, thereafter, as appellant preferred First Appeal No. 7 of 1981 before this Court and during pendenc..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
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 ......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 ......edge. In this case; we have noticed that the condemned-prisoner Golam Rabbani and his wife the deceased Shirina Khatun while living in their residence the wife Shirina Khatun because of the poisonous reaction of insecticide poison in her body resulted her death, so the onus heavily and entirely lies..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....i committed is a revolt against the humanity. As leader of Badr Bahini the petitioner cannot escape from the liability. It is the duty of the court to impose proper punishment depending upon the criminality and proportionate to the gravity of the offence…………….......ternational).” 21. Choudhury, J. further observed: “Punishment rational of “just desert’, the modern form of retributive philosophy, enclaving proportionality and commensurability as its touchstone is indeed an internationally accepted concept. It is axiomatic ......mma (AIR 1974 SC 799) while noticing the social and personal circumstances, possessing an extenuating impact, has highlighted that death penalty may not be a time barred punishment in some frightful areas of barbarous murder. Illustratively, the Court has mentioned that the brutal features of the cr..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
....sidered persecution which falls under the category of crimes against humanity; that the accused conspired to commit the said offence and he has also complicity in those offences and therefore, he was criminally liable under section 4(1) of the Act for substantial contribution to the commission ......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......us grounds, torture, arson-ing and other inhuman acts at Maddhaya Gohira Hindu Para, Gohira, Jogotmollopara, Banik Para, Sultanpur, Unashattarpara under Rawjan police station, Rawjan Pourashava area, Khagrachari-Rangamati conjoining point of three roads (teen rasthar mor), Hajari Galli, Mohra V..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
...., but unfortunately the respondent No. 7 was present while the respondent No. 4 held Secret Inquiry illegally and the said respondent No. 7 abated the biased act of the respondent No. 4 divulging the criminal intention and misused the power and liability of a Public Officer in from of making wrong e......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......spondents through impugned Memo and orders and when came to know about the said orders, the period of limitation as provided under section 148 of the State Acquisition and Tenancy Act has already been expired and the petitioner was no other efficacious alternative forum, but to file this w..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....Act VIII of 2000) and there under sentencing him to suffer imprisonment for life coupled with a fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more. 2. This criminal appeal has however by the time been heard and verdicts also have been delivered by ano......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. ......year more. 2. This criminal appeal has however by the time been heard and verdicts also have been delivered by another Division Bench of this court. But since their Lordship's could not reach a unanimous resolution respecting the ultimate consequence of the appeal as well as the g..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....uncil Appeal No.64 of 2001 and Bachan Singh Vs. State of Punjab, 2(SCC) (1980) 375, Matadeen Vs. Pointu 1(AC)(1999) 98 and some other cases. It has been held that where the offender is not a habitual criminal or a man of violence “then it would be the duty of the court to take into accounts hi......grave and sudden. But if, on seeing his wife in the act of adultery, he leaves the house, goes to a shop, procures a weapon and returns to kill her paramour, there would be evidence of what is called mens rea, the intention to kill. And since, he was not acting on the spur of the moment and went awa...... High Court Division also confirmed the death sentence and this Division also affirmed the sentence. A review petition was also filed before this Division. This review petition was also dismissed. Thereafter the appellant along with another moved the High Court Division challenging the mandatory dea..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ouncil Appeal No.64 of 2001 and Bachan Singh Vs. State of Punjab, (1980) 2 SCC 375, Matadeen Vs. Pointu (1999) 1 AC 98 and some other cases. It has been held that where the offender is not a habitual criminal or a man of violence “then it would be the duty of the Court to take into accounts hi......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:
...... High Court Division also confirmed the death sentence and this Division also affirmed the sentence. A review petition was also filed before this Division. This review petition was also dismissed. Thereafter the appellant along with another moved the High Court Division challenging the mandatory dea..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....nding 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 he (P.W.7) narrowly escaped death, over the self-same occurrence a criminal case bearing GR Case No. Ill of 1991 was pending in the court of Additional District Magist......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 ...... consideration of the evidence in the case is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived by any court acting reasonably and judiciously and is, therefore, liable to be characterized as perverse.......(22) ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......rotect the life and liberty of its citizen. The reply of police that Salauddin Ahmed is not under their custody is not enough. In fact, Police should come up with some positive news about the whereabouts of Mr. Salauddin Ahmed.......(17) Necessity to Form an Inquiry Committee— ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......ates— For the Petitioner.
None appears—For Respondents.
Writ Petition No. 7647 of 2013.
Judgment
Syed Refaat Ahmed J.— This is an Application under section 81(2) read with section 85(3) of the Companies Act, 1994 ("the Act") for condonation of delay in..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....the Rule absolute and quashed the proceedings. Then, the ACC filed the instant Criminal Petition for Leave to Appeal. 12. Criminal Petition for Leave to Appeal No.697 of 2014: The aforesaid criminal petition is directed against the judgment and order passed by the High Court Division in Cr......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 ......ins a detailed Procedure for Investigation, Charge and Trial—Requirement of the High Court Division while Exercising the Inherent Power— It Must use a Proper Circumspection and Great Care in Exercise of it’s Inherent Jurisdiction— In the matter of exercising th..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....e to Appeal No.186 of 2014. (From the judgment and order dated 20-2-2014 passed by the High Court Division in Criminal Revision No. 357 of 2013) Judgment Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 20-2-2014 pas......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 ......nce of Money Laundering. 4. On the basis of the FIR, Gulshan Police Station Case No. 45 dated 16-8-2011 under sections 2(ট)(অ) and 4(2) of the Money Laundering Protirodh Ordinance, 2008 read with Money Laundering Protirodh Ain, 2009 was started. 5. The investigation officer after ..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....pellate Division Rules, which are not inconsistent with the Act and the Rules, would guide the procedure and practice of this Division for disposal of a review petition, that is to say, a review in a criminal matter can be made on the ground of an error apparent on the face of the record. Power......gainst Humanity............(90) AFFIRMING DEATH SENTENCE It is axiomatic that in affirming death sentence, we followed ICPR guidelines, doctrine of just desert having proportionality and commensurability as its touch stone and the predicament the victims, their families and the country as ......nternational Crimes Tribunal Act, 1973 (henceforth cited as the Act), a special legislation that made this Division the exclusive appellate forum against judgments and orders passed by the tribunals created by the Act to try those accused of Crimes Against Humanity under the Act. 3. Muhammad Ka..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)
....ithout hearing the petitioner. ...... (8) When cases of Criminal and Civil proceeded concurrently— The proposition of law which is consistent and no longer a resintegra is that a criminal case and civil case though arising out of the same transaction can proceed simultaneously&h......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 ...... When Writ petition heard on merit without hearing the petitioner— If in any particular case the ratio decidendl of Appellate Division applies directly or where the case in hand has already been decided by the same Division Bench, the writ petition can be heard on merit without heari..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)
....9 of 2009. (From the judgment and order dated the 4th day of October, 2007 passed by the High Court Division in Criminal Appeal No.158 of 2006) Judgment Md. Abdul Wahhab Miah J. - This criminal appeal, by leave, has arisen out of the judgment and order dated the 4th day of October, 20......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. ......y;tured for the remaining dowry. Then the P.W. went to the house of the accused with Member Mujibur, Mozammel and Baten and through a salish sent his daughter to the house of the accused. Sometime thereafter, the accused again tortured his daughter for dowry and sent her to his (the P.W.) house. The..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....titioner 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 of the petitio......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
...... nebulous.
The memo does not indicate that the petitioner misused or abused the terms and conditions of the licence. No concrete materials are forthcoming on record that he posed any threat to the security of the public peace by abusing his gun……………&..
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)
....o. 151 of 2013. (From the judgment and order dated 8-11-2012 passed by the High Court Division in Criminal Miscellaneous Case No. 20499 of 2009) Judgment Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 8-11-2012 pas...... 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. ......proceeding of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007 corresponding to Motijheel Police Station Case No. 140 dated 29-3-2007 under sections 409/109 of the Penal Code and read with section 5(2) of the Prevention of Corruption Act, 1947 and Rule 15 of the Emergency Power ..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
96559712960397099223956897179716911489269571965796099565915589259659915689918985