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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... two days only and therefore we convict and sentence her accordingly. 151. Now we come to the case of HM Ershad, the Ex-Army Chief and the former president of Bangladesh, who was convicted in a criminal case which is popularly known as Janata Tower case against which he preferred an appeal b......judiciary, as well as, when he was a Judge of this Division. He is, no doubt, one of the most brilliant judges that the country has ever produced after the liberation. We may further add that he immensely contributed to the judiciary. By his various thoughtful judgments he has enriched the field...... matter of sentence. But we came to know that she has a boy and a daughter and if both the guardians of the family be in prison for one month the family life of the children will be disrupted and great inconvenience will be caused to the children for no fault of them. Taking into consideration t..Category: Criminal Law | Date: | Hits: 130
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899....... Asaduzzaman and Shafiqul Islam could recognize them by their voice and also from the light of the torch. After the incident, Asaduzzaman went to the house-of the accuseds but could not find them. Thereafter, he lodged the FIR. After investigation, the police submitted charge-sheet against the petit..Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......Tamanna; that at the time of occurrence the convict-petitioner was caught red-handed by the neighbouring people when he was trying to flee away but failed to do so and he was tortured mercilessly. Thereafter, patrol police arrested the petitioner; that the petitioner made extra judicial confession b..Category: Criminal Law | Date: | Hits: 56
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......e that the Government of Bangladesh is also anxious to release these prisoners but due to some formalities the prisoners could not be released. As we have noticed earlier that some of the prisoners already are in jail for more than 6 years after serving out the sentences, it should have been proper ..Category: Constitutional Law | Date: | Hits: 123
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
.... own life and limb or of their near ones, they will never come forward with the truth against the marauding offenders, if let loose on obtaining bail from the Court. Ultimately, the administration of criminal justice would collapse and no member of the society will be safe. It must also be remembere......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......that as Superior Court of records both the Divisions of the Supreme Court of Bangladesh, enjoy a high degree of discretion in granting reliefs to the litigants but let it be known also if it is not already known that such discretion must not be arbitrary but judicial discretion, based on established..Category: Criminal Law | Date: | Hits: 68
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
.... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283....... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283....... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283...Category: Criminal Law | Date: | Hits: 39
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......a Ghar of Abul Hossain of Bara Shiba village, at about 12-30/1-00 AM. Shah Alam, Sanu and Siddik entered into Doala Ghar to commit dacoity, accused-appellant Shahjahan escaped anyway and came out by breaking the fencing of Doala Ghar and shouted. His shouting attracted the witnesses Jashim, Babul an..Category: Criminal Law | Date: | Hits: 38
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....cessary modifications, to finger impressions.” (emphasis supplied) 15. The principle enunciated in the case of State (Delhi Administration) Vs. Pali Ram reported in AIR 1979 (SC) 14, though in a criminal case, is equally applicable for civil cases as well. In the said case it was held as follow...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......a was forged, fraudulent and inoperative. 3. The plaintiff’s Case in short, is that his maternal grandmother, Niroda Sundari, had been the owner of 0.26 acre of land of plot No. 30 measuring an area of 0.80 acre of land. She gifted 0.14 acre of land to the plaintiff by the registered deed of gi..Category: Procedural Law | Date: | Hits: 85
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....f any citizen including the petitioner in the instant case. 6. Mr. Karim cites the decision in the case of Hazi Joynal Abedin Vs. State 30 DLR 371, By that decision a legal conflict covered by the criminal law and disposed of by the Martial Law Court was decided. In view of the facts and circumst......nd the Atlantic Ocean by this long time of 95 years. Great change has come in the world. Privy Council is no more for Bangladesh. Peoples’ character has changed largely. The world has taken a new dimension. Old laws, as such, required some change and amendments, in the light of the present social ......ook some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation of the said loan money. During the pendency of that suit Artha Rin Adalat Ain (Act 51 of..Category: Civil Law | Date: | Hits: 93
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....n is not powerless to correct any error and eliminate injustice He further submits with reference to the same that the learned Sessions Judge acting under section 439A of the Code acts as an ordinary criminal court subordinate to the High Court Division and if the High Court Division is satisfied th......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226....... Attorney- General—For the State. Criminal Revision No. 717 of 1999. Judgment Md. Abdul Aziz J.- This Rule was issued on an application under section 439 of the Code of Criminal Procedure read with section 435 of the same Code at the instance of accused petitioner challenging the impugne..Category: Criminal Law | Date: | Hits: 40
Labu Mia Vs. State, 2001, 30 CLC (HCD)
....r dated 11-1- 2001 in the heading of “Four-year-old boy charge-sheeted in Criminal Case” this Rule was issued calling upon the Deputy Commissioner Nilphamari to show cause as to why the aforesaid criminal proceeding against Labu Mia, son of Atiar Rahman should not be quashed. 2. The Records b...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......istant Attorney- General, for rendering able assistance to us in disposal of the Rule. 13. We decided to proceed against the Investigating Officer. But it appears that the learned Magistrate has already proceeded against him by order dated 18-1-2001. We, therefore, do not like to proceed further,..Category: Criminal Law | Date: | Hits: 101
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..Category: Criminal Law | Date: | Hits: 42
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....3. Review as contemplated under the provisions of Rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellant Division) Rules, 1988 is maintainable at the instance of a person aggrieved in a criminal proceeding on the ground of an error apparent on the face of the record. The learned Counse......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ...... house. 5. Over the aforesaid incident P.W.1 lodged First Information Report on June 30th, 1990 and thereupon Melandaha PS Case No.5 dated 30 June, 1990 was registered under sections 449/302/114 read with section 34 of the Penal Code. 6. The Investigating Agency on completion of investigat..Category: Criminal Law | Date: | Hits: 57
.... the identities of their vendors and the witnesses of the deeds land us to believe that the defendants have created these deeds collusively and thereafter, they have destroyed them in order to void criminal prosecution and by producing the certified copies they are claiming tie in the suit lands."......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486....... on 10.01.1970 leaving behind the defendant Nos.21-24 as his legal heirs to inherit his properties including the suit land and that the defendant in particular defendant Nos.6 and 7 on 16.09.1994 threatened the plaintiffs to forcibly take possession of the suit land claiming ownership thereon thro..
Category: Property Law | Date: | Hits: 38
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ...... was TK.10.00 per share. 5. Subsequently, the Company issued and allotted new shares in favour of Industrial Promotion and Development Company of Bangladesh Limited ("IPDC") and the petitioner. Thereafter, one of the shareholders Manik K. Bhattacharjee transferred his entire shareholding of 2..Category: Company Law | Date: | Hits: 197
Anti-Corruption Commission Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....tioner submitted that the High Court Division erred in interpreting sections 26(2) and 27(1) of the ACC Act, 2004 and Rule 15 Gha(5) of the Emergency Power Rules, 2007 and passing an order of stay of criminal proceedings due to misconception of law; that due satisfaction contemplated in section 26......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ......ailed to submit any statement or submit false statement under section 26(2) of the ACC Act, 2004. In pursuance thereof husband of the petitioner submitted statement of assets on 14-8-2007. 6. Thereafter, an FIR being Ramna PS Case No.73/1157 dated 14-8-2007 corresponding to ACC GR No.172 of 200..Category: Anti-Corruption Laws | Date: | Hits: 168
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......ation of concealment of total Tk.3,27,88,465/-which he allegedly acquired beyond his known legal source of income and the learned Special Judge framed Charge under sections 26(2) and 27(1) of the Act read with rule 15 Gha(5) of the Emergency Powers Rules, 2007. 3. The learned Special Judge, on ex..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......ase No.14 of 2007 arising out of Metropolitan Special Case No.133 of 2007 arising out of Ramna P.S. Case No.40 dated 15.02.2007 corresponding to G.R. No.87 of 2007 under Section 409 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 now pending in the Court of Special..Category: Anti-Corruption Laws | Date: | Hits: 159
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......ockery. The law will relentlessly be enforced and the plea of poor finance will be poor alibi when people in misery cry for justice. The dynamics of the judicial process has a new ‘enforcement’ dimension not merely through some of the provisions of the Criminal Procedure Code (as here), but also......ated horizon of public interests since 1991 even before its formal registration as an association. Since its formation in 1992, it undertook detailed studies on environment and ecology and its wide-spread contributions in these fields earned its reputation and recognition both at home and abroad. ..Category: Environmental Law | Date: | Hits: 345
Abul Hossain Vs. State, 2008, 37 CLC (AD)
....ain abducted the victim (deceased Nurjahan Begum alias Maya). Thereafter in search Maya the daughter of the informant was found under the custody of the accused Abul Hossain, but in spite of taking criminal action the victim girl was given in marriage with the accused-appellant in order to keep up...... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134....... in brief, is that the Nargis Begum is the wife of the accused Abul Hossain, during subsistence of their marriage accused Abul Hossain abducted the victim (deceased Nurjahan Begum alias Maya). Thereafter in search Maya the daughter of the informant was found under the custody of the accused Abul..Category: Criminal Law | Date: | Hits: 45
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