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Abul Kashem Vs. State, 2005, 34 CLC (HCD)
..... It must be remembered by all concerned that the allegation brought against the accused person has no value unless it is proved by cogent and reliable evidence. 21. The cardinal principles of criminal jurisprudence as regard burden of proof are well settled, namely, (i) that the onus ......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ...... with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Revision No. 373 of 2003. Judgment Siddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is dire..Category: Criminal Law | Date: | Hits: 41
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......(4) of the Ordinance does not mean persona designate i.e. as private or personal capacity but clearly indicates his office i.e. the District Judge of which he is the presiding Judge." 7. Upon this reasoning his Lordship found that in exercising Revisional powers under section 115 of the Code of C..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....neral Exceptions attached to the definition of murder, an act committed either with certain guilty intention or with certain guilty knowledge constitutes culpable homicide amounting to murder. If the criminal act is done with the intention of causing death then it is murder clear and simple. In ......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......ace of occurrence, P.W.2, Abdul Bari, S.I. of Police recorded the F.I.R. and accordingly Jibannagar P.S. Case No. 11 dated 28.11.75 under sections 147/148/448/ 326 of the Penal Code was started. Thereafter, P.W. 10, Sk. Abdul Bari, the then Second Officer of Jibannagar Police Station took up the i..Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......ase 10 dated 13.12.87 under sections 435/468/471 has been instituted against the detenu and that the activities of the detenu are prejudicial to law and order and to the public interest. 4. Thereafter the Senior Assistant Secretary, Ministry of Home Affairs by Annexure-D dated 2.2.88 extended..Category: Criminal Law | Date: | Hits: 29
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......icles with cash and kinds. During the commission of dacoity in his house the informant managed to escape and raised alarm when the dacoits fired a blank fire from their gun. While the dacoits were retreating the public who are aroused by the alarm raised by him chased the dacoits and managed to catc..Category: Criminal Law | Date: | Hits: 51
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......ecalling the prosecution witnesses for cross-examination. 2. The appellant's case, in short, is that he is facing trial in Special Tribunal case No. 11 of 1987 under section 366A of the Penal Code read with section 4 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 in the aforesai..Category: Criminal Law | Date: | Hits: 35
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ......tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ......5-81 at about 10/11 P.M. informant's son Jitu Miah was taking meal when the appellant Siddik Ali and Nousha Miah @ Hiru Miah called him to the house of the appellant Siddik Ali. About half an hour thereafter the informant heard the cry of his son Jitu Miah from the house of the appellant to the ef..Category: Criminal Law | Date: | Hits: 30
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... conviction of the condemned-prisoner Badsha Mollah only upon the so called extra-judicial confession and the circumstantial evidence in this case. It must be recalled that well established rule of criminal Justice is that "fouler the crime higher the proof." In the instant case the life and liber...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11....... in a joint mess with his eldest son deceased Babu Mollah some time prior to the occurrence and since then accused Badsha Mollah nourished grudge against deceased Babu Mollah and very often used to threat him with dire consequences for depriving him from the enjoyment of the property of his father..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......2.4.1984 with the Kotwali Police Station on the accusations, inter alia, that on 1.4.1984 at about 8.30 P.M. he went with his car driven by his driver, the accused petitioner Mahabubul Alam and after reaching Station Road they parked the car in front "KACH GHAR". It was further alleged that he kept ..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....to suffer rigorous imprisonment for 3 months. The Magistrate also passed an order directing the petitioner to repay the entire money to the complainant-opposite party. 4. The petitioner preferred criminal appeal No. 122 of 1985 against the order of conviction and sentence passed by the learned M......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......e under section 406 of the Penal Code. 7. Now let me consider the submissions made by the learned Advocates. It appears from the judgment of the lower appellate court that it has considered in great detail the evidence of the prosecution witnesses and upon such consideration came to the findin..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
....offences to the Special Powers Act, 1974 the offence alleged is exclusively triable by the Special Tribunal and the learned Sessions Judge acted without Jurisdiction in trying the case as an ordinary criminal case under the Criminal Procedure Code and as such the order of conviction and sentence pas......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......inst her to substantiate a charge under sections 302/114 of the Penal Code as suggested by the learned Public Prosecutor. The appellant was charged under section 302 of the Penal Code. The charge was read over to the appellant who pleaded not guilty to the charge and claimed to be tried. 4. The d..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
.... and on 3.12.80 were entrusted with 42 lacs of taka from BSRS for construction of 2 Cargo Coasters and to give delivery of those coasters by 30.6.83 but you have failed to do so and thereby committed criminal breach of trust and thereby committed an offence punishable under section 406 of the Bangla......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......onsider it necessary to reproduce the petition of complaint in its entirety, for the decision in these Rules will depend upon the examinations of the allegations made in the petition of complaint. It reads thus: “SHEWETH: 1.That by the P.O.No.128 of 1972 the BSRS (hereinafter called the Sang..Category: Criminal Law | Date: | Hits: 67
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......ode was started against the accused-petitioners. After due investigation police submitted charge-sheet against the petitioners and others for offences under sections 395 and 397 of the Penal Code. Thereafter the record of the case was transmitted to the Court of Sessions Judge, Pabna which was recei..Category: Criminal Law | Date: | Hits: 24
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18....... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the detention order. Thereafter the District Magistrate, Comilla, namely, the opposite party No. 3 Put the detenu under d..Category: Criminal Law | Date: | Hits: 40
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....tive not to arrest him again. The Court also warned that if Shubhra was arrested again, it would take action against the Home Ministry. 4. The Minister then posed a question, “who are protecting criminals and terrorists?” He referred to an accused in a murder case named Nurunnabi, who was gra......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......ns against the Higher Court the Home Minister stated that how the terrorists were arrested in the city and then they became freed under the High Court order. One day some local people from Maghbazar area came to him and informed that notorious terrorist Shubhra was released from jail as the High Cou..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....her asserted that the detenu has been detained at the behest of the interested quarters which is nothing but colourable exercise of power. It further appears from the newspaper report that a specific criminal case under section 25 B of the Special Powers Act is pending against him which can by no me......se a cost of Taka 20,000.00 was awarded to the detenu as compensation to be realised from delinquent Police Officer due to dangerous dereliction of duty by a Police Servant (Police Officer) causing immense suffering to an innocent citizen. 31. As the government has taken timely step for revoking......years coming from a respectable Muslim poor hawker family, was arrested by the Sutrapur PS Police on 16-12-1998 at about 2-00 PM and was produced before the Metropolitan Magistrate on 17-12-98 and thereafter he was sent to Dhaka Central Jail and an order of detention under section 3(2) of the Specia..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......re years due to the prosecution’s failure to produce witnesses. The report further alleges that many other such ‘under trial’ prisoners languish in other prisons across the country for the same reason. The news report as published in the Daily Star, dated 23.12.2003 and an editorial published ..Category: Criminal Law | Date: | Hits: 45
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
..... 6. We requested the learned Advocates to cite any authority on this question of prematurely of cause of action. They could not cite any decision regarding the prematurely of cause of action of a criminal case. We also could not find any decision on this point. However, we have considered the de......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......ch, the case is liable to be quashed. On the other hand, the learned Advocate for the opposite party has submitted that though the complaint was filed before the expiry of 15 days time, only for this reason, the proceeding cannot be quashed. He has argued that even after the receipt of the notice th..Category: Criminal Law | Date: | Hits: 35
Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)
....agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......be preceded as the investigation itself in the case could not proceed without the permission or order of the Magistrate. 3. It appears that the parties were heard under section of 241 of Cr.P.C. already, by the Magistrate ignoring the submission of the petitioner, as stated above, charges has bee..Category: Criminal Law | Date: | Hits: 34
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......opolitan Additional Sessions Judge, 1st Court, Dhaka, and accordingly on receipt of the record the Metropolitan Additional Sessions Judge framed charge on 21-1-2008 and fixed date for evidence and thereafter on 2-4-2008 the Additional Public Prosecutor filed an application before the Metropolitan Ad..Category: Criminal Law | Date: | Hits: 34
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