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Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)
....hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......ail to the respondent. 12. It further appears that 118 working days elapsed but the appeal could not be disposed of. 13. It further appears that sentence is three years and the respondent has already served out more than one year of the sentence. 14. We further hold that the High Court Divi..Category: Criminal Law | Date: | Hits: 51
Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)
.... writ jurisdiction. 3. We fail to understand in the fact and circumstances of the case under what provision of law the High Court Division could entertain the said writ petition arising out of a criminal case and allowed a fugitive the privilege of bail. 4. Moreover, the High Court Division ......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ...... Chowdhury appearing with Ms Saira Firoz, the learned Advocate for the petitioner has filed an application for adjournment for two months on the ground that the petitioner is seriously ill and under treatment for his heart disease. He further submits that the petitioner intends to surrender before t..Category: Anti-Corruption Laws | Date: | Hits: 266
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....illing his wife by the majority judgment on the ground that even the minimum evidence against him that he was in the house where his wife was murdered was lacking. It was held in that Case that “In criminal Cases section 106 of the Evidence Act is attracted in exceptional Cases where a relevant fa......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......ation report the police went to the place of occurrence on the following day on 31-8-1991 and sent the dead body to the morgue at Tangail after conducting inquest on the dead body of the deceased. Thereafter SI Md. Abdul Motaleb (PW 10) investigated into the Case and submitted charge sheet against t..Category: Criminal Law | Date: | Hits: 27
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....he Court of Magistrate. This section 171 is included in part V, Chapter XIV, of the Code of Criminal Procedure, in which, the police is given the statutory right to carry on investigation and set the criminal law in motion. The functions of the judiciary and the police, are complementary, not overla......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......affidavit refuting the allegations made in the news items although he received a reply from the Deputy Commissioner, Dhaka. According to Mr. Faruq, charges were framed in the Case on 19-7-2000 and thereafter only 5 dates i.e. 16-8-2000, 6-9-2000, 16- 10-2000, 5-11-2000 and 2-1-2001 were fixed for tr..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....dation and vilification. The statements were clear threat to the independence and sovereignty of the judiciary and justice delivery system. The statements that the Courts are the safe shelter for the criminals are scandalous to the entire judiciary. 13. On the accountability of the judges, th......g in the statements. But, the statements based on inaccurate assessments of situation, however gross misreading those may be, cannot be tantamount to be contempt of Court. Moreover, in the absence of mens rea, no contempt is established. 50. The Prime Minister is the executive head of the Rep...... of Court should be issued or not. Petitioners of two applications filed by Mr. Amir-ul Islam have no locus standi to file such applications. Such type of application as filed by Mr. Amir-ul Islam is really unprecedented, vexatious and irksome for which we are reluctant to take any cognizance of suc..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....the provision 1 of section 491 which is reproduced below: 491. (1) The High Court Division may, “whenever it thinks fit, direct— (a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law; (b) t......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..Category: Criminal Law | Date: | Hits: 33
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......ir (the said four persons’) goods had not been released till then as in the meantime BDR personnel came to the spot and seized the aforesaid goods on the basis of false and baseless information. Thereafter on 10-4-96 Naik Md. Golam Nabi of 21 Rifles Battalion, Satkhira lodged a first information r..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......accused appellant to suffer rigorous imprisonment for 3(three) years and to pay a fine of Taka 20,000.00 in default to suffer rigorous imprisonment for 1(one) year under section 409 of the Penal Code read with 5(2) of the Act II of 1947. 2. The prosecution Case, in short, is that on 30-9-85 Mr. N..Category: Criminal Law | Date: | Hits: 42
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
....lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... Abdus Salam & others, reported in 14 DLR 23, Wali Ahmed Vs. State, reported in 17 DLR 101 and MS Nurul Alam Vs. State, reported in 38 DLR 333. If this Court is competent to order expunction in a criminal case under section 561A of the Criminal Procedure Code, why should it not be competent to d......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......ed the suit by filing a written stat the suit was fixed for final hearing on 1-8-90. However, on that day the learned Advocate for the plaintiff, the petitioner of the instant Civil Revision, was not ready to proceed with the hearing. It was, according to him, due to the fact that on the previous da..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....0 when he voluntarily appeared before the Court on the advice of the local lawyer he was again arrested under section 54 of the Code of Criminal Procedure and since then he has been in jail hajat. No criminal Case is pending against the petitioner in any Court in Bangladesh and, as such, he is entit......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......neous Case No. 5612 of 2000. Judgment Md. Abdul Wahhab Miah J. - This Rule has arisen out of an application filed by the petitioner under section 498 of the Code of Criminal Procedure, read with section 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....Appeal No. 1034 of 1993). Abdul Malek, Advocate—For the Appellant (In Criminal Appeal No. 1101 of 1993). Khandker Mahbubuddin Ahmed with Mirza Hossain Haider Advocates—For the Appellant (In criminal Appeal No. 1112 of 1993). Anisul Huq, Advocate—For the Appellant (In Criminal Appeal N......ed to get their names substituted and as such, these accused were not affected persons under rules 11 and 15 of DIT (Allotment of land) Rules, 1969, that the accused No.1 had dishonest intention i.e. mens-rea behind the passing of the order of allotment to obtain pecuniary benefit for his wife accus......inst accused Nos.3-17 and three others is that they abetted accused Nos.1 and 2 for committing the offence of misconduct and thereby each has committed offence under sections 5(1) (d) of the said Act read with section 109 of the Penal Code. 5. First part of the prosecution Case, briefly, is this...Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......also perused the provisions of section 7 of the Special Powers Act. That section deals with the powers in relation to the absconding persons. This section provides that if the detaining authority has reason to believe that a person in respect of whom a detention order has been made has absconded, th..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....tion witnesses stated in their evidence before the Court so as to attract the mischief of sections 447 and 379 of the Penal Code. It has been consistently held by this Court that while disposing of a criminal appeal, the appellate Court is required to formulate the points for determination, the deci......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......l Code. It has been consistently held by this Court that while disposing of a criminal appeal, the appellate Court is required to formulate the points for determination, the decisions thereon and the reasons for the decision. This necessarily implies that the appellate Court while disposing a crimin..Category: Criminal Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......e jail authority to shift him on 22-11-2000 to the National Institute of Cardio Vascular Diseases (hereinafter referred to as NICVD) and he is in need of constant attendance, special care and better treatment in a free atmosphere and, as such, is entitled to bail under the proviso to section 497(1) ..Category: Criminal Law | Date: | Hits: 26
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....the suit of such an employee of a statutory corporation is still maintainable. In Dosta Textile Mills Vs. Sudangshu Bikash Nath, 40 DLR (AD) 45, Sudangshu, Store-in-Charge, on being discharged from a criminal charge on final report was proceeded under section 18 of the SO Act and finally dismissed f......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......al Act, the Civil Court had no jurisdiction to try the suit and directed to return the plaint to the filing Advocate for presentation before the proper Court by his order dated 05-07-86. 4. Thereafter, on or about 09-04-90 plaintiff made an application under Order 47 rule 1 read with section ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....ne of Taka 200.00, in default to suffer simple imprisonment for a period of seven days. Against the said order of conviction and sentence dated 5-7-1998, passed by the petitioner, the convict filed a criminal appeal before the Sessions Judge, Jhalakati, being Criminal Appeal No. 4 of 1998 and the le......n, it should also be borne in mind that in disposing of an appeal or revision or any other matter, the superior Court evaluates the r should be withdrawn, he ought to have given him an opportunity commensurate with the judgment and order of the subordinate Court but not the concerned subordinate jud......hment Division, Government of Bangladesh (Annexure-A to the petition). 2. The Case of the petitioner, in brief, is that e was posted at Thalakati as a Magistrate, First lass, Jhalakati Kha’ area and while he was conducting his Court on 5-7-1998, at about 16-30 hours, one of the accused, nam..Category: Criminal Law | Date: | Hits: 29
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....ence under sections 467/471/109 of the Penal Code against petitioners unless a formal complaint is made by the said Revenue Court in that section 195(1 )(c) of the Code of Criminal Procedure debars a criminal Court from taking cognizance of such offences on the basis of private complaint. The learne...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......lass, Tangail. 2. Complainant-opposite Party No.1 made a complaint before the Court of Magistrate, Tangail against accused petitioners alleging, inter alia, that they in collusion with each other created a forged order purported to be made by then Munsif, 3rd Court, Tangail in Miscellaneous Case ..Category: Criminal Law | Date: | Hits: 59
....nt that she may be compelled or knowing it to be likely that she may be forced or seduced to illicit intercourse shall be punished with imprisonment or fine or both and similarly, whoever by means of criminal intimidation or abuse of authority or any other method of compulsion, induces any woman to ......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
...... prostitution and upholding the rule of law. The petitioners have alleged that the Government of Bangladesh is regularly taking measures to harass the women in prostitution and their children and to treat them as unwanted in the society hounding them from their peaceful occupation of house/rooms ren..
Category: Constitutional Law | Date: | Hits: 264
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ......on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ......of the word 'anticipation’ Under certain circumstances, a person may be apprehended by the police but in the instant case, a case under section 143/323/324/325/326/307/302 of the Penal Code has already been started on 04-11-2009 before the Police Station of Pakundia, District Kishoregonj. On the..Category: Criminal Law | Date: | Hits: 30
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