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Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......owers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person can not be convicted under section 16 for committing theft of such property…………………&hellip......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......n and sentence is not sustainable in law………………………..(14) Case Referred to- Tamiz Mia Vs. Govt. of Bangladesh, 33 DLR 207. Lawyers Involved: Md. Serajul Huq with SAM Mahbub Elahi, Advocates‑For the Appellant. SA..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......�cates—For the Appellant. Amirul Kabir Chowdhury, Advocate—For the State. Criminal appeal No. 76 of 1983. Judgment AM Mahmudur Rahman J.- The accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Ju......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ....... R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul Karim with Omar Farook, Advocates—For the Appellant. Amiru..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32

Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)

....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......ion of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the order of detention......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ...... Government of East Pakistan 18 DLR (HD) 18; Golam Kabir Vs. Government of Bangladesh 27 DLR (HD) 199; Naranjan Singh Kathawan Vs. Punjab AIR 1952 SC 106; Baqui Baluch Vs. Pakistan 20 DLR (SC). Lawyers Involved: Aminul Haq, Advocate- on -Record - For the Appellant. A.W. Bhuiyan, Addi..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......arker, Subordinate Judge, Rajbari in Misc. Case No.13 of 1986 arising out of Money Suit No. 1 of 1985 allowing the said Misc. Case and vacating the earlier order dated 10.2.86 dismissing the suit for default and restoring the Money Suit No. 1 of 1981 to its original file and number. 2. Plai......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......Satish, 9 I.C. 842, Sikandar Vs. Kushal, 59 Cal 756, Sardar Vs. Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, Gopala Vs. Maria, 30 Madras 274, Ganesh Vs. Baikunthes A.I.R 1951 P 291. Lawyers Involved: Md. Serajul Huq with S.A.M.Mahbub Elahi-For the Petitioner. Civil Order ..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......hahi, in Special Case No.13 of 1976 convicting the accused-appellant under section 409 of the Penal Code read with section 5 (2) of Act II of 1947 and sentencing him to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Taka 30,000/00 in default to suffer rigorous imprisonment f......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......�……………………………..Respondent Judgment May 13, 1986. Result: The appeal is disposed of. Case Referred to- Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury, Advocate—For the Appellant...

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......e and the trial should not be stopped and the accused petitioner should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case for the prosecution is that on 29.10.78 at 17.00 hours in village Jahanpur, P.S. Fatickchari accused......aming of the charge. On 13.2.83 the learned Additional Sessions Judge passed the following order: "In view of the Gazette Notification No.52 dated 4.8.82 let the case be sent to the Special Martial Law Court No.3 at Chittagong for favour of disposal. Note in the relevant Register." ......al Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Ali with Ahsanul Kabir— For the Petitioner. Amirul K..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......min-Ur Rahman Khan J. - The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ...... Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. The State, PLD 1963 (WP) Karachi, page 54; Meser Ali and another Vs. The State, 26 DLR (1974) at page 146. Lawyers Involved: G. S. Huq—For the Petitioner. A. K. M. Mozammel Huq Bhuiyan—..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......ng upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G.R. Case No.14 of 1984 arising out of Banshkhali P.S. Case No.4 (4)/84, under section 407 of the Penal Code pending before the Upazila Magistrate, Banshkhali, Chittagong should not be quashed or such other or farther o......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......s. Irving, 1905 AC 369; Abul Hossain Sana Vs. Suwalal Agarwala, 14 DLR (SC) page 96; Abdus Salam Master Vs. The State, 36 DLR (AD) 58; Abdul Quader Chowdhury and others Vs. The State, 28 DLR 38. Lawyers Involved: M. Fazlul Karim with M. A. Kashem—For the Petitioner. Q. A. Hossai..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....on for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the appeal was numbered in the Appellate Division as Criminal Appeal No.13 of 1981. In the meantime by the Proclamation of 24th March, 1982 it was provided that all proceedings arising out of and in connecti......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......, 36 DLR 200; Purshotam Singh Vs. Narain Singh and State of Rajasthan, AIR 155 Rajasthan 203; Ram Singh Vs. Crown, AIR 1950 East Punjab (F.B) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315. Lawyers Involved Khondker Mahbub Hossain with M. Fazlul Karim—For the Petitioners. A..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......f the Penal Code, Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenu was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364, Misc 11/......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......Govt. of Bangladesh and others, 30 DLR 423; Md. Makhlesur Rahman Vs. State, 28 DLR 172; Nakhudali Vs. M. F. Jayaratne, 1951 AC 66; Secretary of State Vs. Mask & Co. AIR 1940 (PC) 105. Lawyers Involved S. C. Das with Omar Hayet— For the Petitioner. A.F.M. Hasan Arif, D..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ...... Trial Case No.6 of 1984 convicting accused appellant Noor Mohammad under sections 304 Part I of the Penal Code. The accused appellant Noor Mohammad has been sentenced to suffer rigorous imprisonment for 10 years for committing offence under section 304 Part I of the Penal Code. No sentence has been......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ...............................Appellant Vs. The State........................................Respondent Judgment November 29, 1985 Result: The Appeal is allowed. Lawyers Involved: M. Fazlul Karim with Amirul Kabir Chowdhury —For the Appellant. Q...

Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......ioner. Md. Fazlul Karim, with M. A. Tariq— For the Opposite-Party No.1. Criminal Revision No. 56 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, is directed against the judgment and order dated 5.3.1984 passed by a Metropolit......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......ment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1929 (Allahabad) 260; 1946 MLJ 8. Lawyers Involved Abu Sayeed Ahmed— For the Petitioner. Md. Fazlul Karim, with M. A...

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......ed - For the Petitioner. Md. Fazlul Karim with M. A Tariq - For the Opposite-Party No.1. Criminal Revision No.56 of 1984. Judgment ATM Afzal J.- This Rule, at the instance of the informant-petitioner, is directed against the Judgment and order dated 5.3.1984 passedby a Metropolita...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......85. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1926 (Lahore) 350 =27 CrLJ, 562; AIR 1929 (Allahabad) 2601946 MLJ 8. Lawyers Involved: Abu Sayeed Ahmed - For the Petitioner. Md. Fazlul Karim with M. A Tariq - F..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......acts of the case are that on 18.11.83 Shamsuddin Ahmed, Senior Customs Intelligence and Investigation Officer, Chittagong lodged an F.I.R. at P.S. Patiya alleging in short that on receipt of secret information he along with 17 other Officers of the Customs Department reached Tanga Bridge at abo......these foreign goods and for bringing them into Bangladesh and that the smuggled goods have been seized under the appropriate provisions of the Customs Act, 1969 read with Import Control Act, 1950 and Martial Law Regulation No.18/82. The police investigated into the case and submitted charge-sheet ag......p;…….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz Muhammad— For the Petitioners..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......order dated 15.1.83 passed by the Hathazari Union Village Court, Chittagong in U.P. Case No.16 of 1982-83 acquitting the 8 accused persons of the charge under section 379 of the Penal Code for taking away 100 aris of paddy (worth Taka 3,000/-) out of the possession of the complainant......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......llip;……Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Niaz Muhammed with Momtazuddin Ahmed— For the Petitioner. A..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)

....cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......s Involved M. Fazlul Karim— For the Appellant. No one— For the Opposite Parties. Criminal Appeal No. 79 of 1984. Judgment Md. Abdul Jalil J.- This an application for admission of appeal under section 417(2) of the Code of Criminal Procedure against an order date......cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......llip;………………………………Opposite-Parties Judgment July 20, 1985. Result: the appeal is dismissed. Lawyers Involved M. Fazlul Karim— For the Appellant. No one— For the Opposite..

Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......th the active help and connivance of all other accused persons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7.80 complainant Razia Begum was abducted by the accused pe......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ...... New Shorrock Spg. and Meg. Co. Ltd. Vs. N.U. Raval, Income Tax Officer and another, AIR 1959 (Bombay) 477; Lal Girjesh Bahadur Pal Vs. Chaudhari Bhangwati Prasad, AIR 1942 Allahabad (F.B.) 153. Lawyers Involved: S. C. Das— For the Petitioner. Kazi Shafiuddin Ahmed, Deputy Attor..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... Criminal Misc. Case No.24 of 1984 the contemner Mr. Abdul Karim Sarker, Upazilla Nirbahi Officer (U.N.O), Chilmari, District Kurigram was asked to show cause on 19.3.84 why he shall not be convicted for contempt of Court for interfering with the administration of the justice by putting various pres...... the leave and annual vacation of the Munsif-Magistrate, the contemner denied the same and stated that he was directed by the Deputy Commissioner, Rangpur on 18-8-83 as per decision of the Zonal Martial Law Administrator, Zone-B dated 14-8-83 to ask Certificate Officers to issue 24 hours' n......espondent Judgment November 28, 1984. Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Att..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)

....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......Judge, 3rd Court, Rangpur by his judgment and order dated 24.7.83 in Sessions Trial Case No.225 of 1982. 2. Death Reference Case No.7 of 1983 arises out of reference u/s 374 Cr.P.C. made by the aforesaid learned Additional Sessions Judge for confirmation of the sentence of death passed against ......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......e Death Reference Case is rejected and the Criminal Appeal is dismissed. Cases Referred to- Abdur Rashid Vs. State, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. Lawyers Involved: Marfat Ali with Md. Altafur Rahman— For the Condemned Prisoner. Su..

Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......s allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 C......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......Sarkar Vs. State, 33 DLR 320; Nazir Ahmed Vs. The State, AIR 1936 (PC) 253; Kashmira Singh Vs. The State of Madhya Pradesh, AIR 1952 (SC) 159; Amir Hossain Howladar Vs. The State, 1984 BLD (AD). Lawyers Involved: Akram Hossain Amin with Sajjad Ali Chowdhury—For the appellants. M..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

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