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Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......e Zakir Hossain, Constable Abdur Rahim. Constable Ashraf Ali, Constable Omar Ali, Constable Moksedur Rahman and Constable Bimal Chandra got secret informant on 13.05.2000 at 11:45 A.M. that 6/7 miscreants have assembled with illegal arms to commit some cognizable offence at Section 13 by the sid..Category: Criminal Law | Date: | Hits: 120
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......fire arms and ammunitions and accordingly the seizure list was prepared and an F.I.R. was lodged being Chandgoan P.S. Case No.11 dated 07.09.1999 under sections 19(a) and 19(f) of the Arms Act read with Section 26 of the Special Powers Act, 1974 which correspondence G.R. No. 632 of 1999 and ..Category: Criminal Law | Date: | Hits: 155
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......agreed, on certain specific conditions, to which the borrower company and its Directors agreed and confirmed the acceptance of the conditions by their letter dated 15.11.1998 but for reasons best known to them, they did not execute the formal document, and then by a lett..Category: Civil Law | Date: | Hits: 140
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
...., the impugned judgment and order are liable to be set aside. She also submits that the plaintiff filed Nari-O-Shishu Case against the defendant No.1 but the petitioner was acquitted from the said criminal case, the plaintiff had been living in separate house without legal and reasonable ground ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......luence of defendant Nos. 2-4 demanded Tk. 50,000/- as dowry from the brother of the plaintiff and when the said amount was not paid, plaintiff was sent to the house of her brother and thereafter, defendant, on being refused once again to get the said amount, dealt a knife blow on the ..Category: Criminal Law | Date: | Hits: 75
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......sis of auction sale in a revenue case and that the defendant Nos.3 and 4 some time after partition of India left East Pakistan for West Bengal surrendering the suit tenancy against redemption of arrear rent, in favour of the plaintiff Nos.1 and 2 in the month of Agrahayan 1350 B.S. and they neve..Category: Property Law | Date: | Hits: 38
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
..... The writ petitioner refused to concede to the said proposal. Consequently the writ respondent No. 5 in collusion with the writ respondent No.6 implicated the writ petitioner in a number of false criminal cases and in addition thereto also put the writ petitioner under detention under the Speci......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......ts, pay various debts and to make renovations of his aforesaid business offices and for the aforesaid purposes he was carrying Tk.20 lacs in cash. In course of his journey when the writ petitioner reached a point at about 8 P.M. near Madhabpur Police Station under Habiganj District, he was advis..Category: Criminal Law | Date: | Hits: 64
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....The High Court Division found that there was no violation of section 141 (b) of the Negotiable Instrument Act. The High Court Division further found that the law is now settled on the point that a criminal proceeding should not be stifled before trial, when there was a prima facie case for ......find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......n there was a prima facie case for going to the trial. In such view of the matter the High Court Division discharged the Rule. 6. In the circumstances of the case, we do not find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ...... pocket of accused Faridul Mollah. Both the accused could not produce any valid paper for possession of the articles and accordingly the informant seized the same by preparing a seizure list and thereafter lodged F.I.R. with Kaliganj Police Station. 3. Police on completion of investigatio..Category: Criminal Law | Date: | Hits: 45
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....ioner asked him to submit reply within 7 days which the petitioner duly complied and then though the petitioner prayed for stay of the departmental proceeding against him till disposal of the criminal case but the said prayer was rejected; though the allegations made against the petitioner ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 780. ......7;াও কোন সুফল পাইনি।" which indicates that his aforesaid departmental appeal dated 26.05.82 has already been rejected and further even if it is conceded that such appeal was not rejected then ..Category: Administrative Law | Date: | Hits: 162
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......ons to obtain an undertaking from the ad-hoc appointees who did not fail at any interview before the PSC. The writ petitioners gave undertakings that they did not fail at interview before the PSC. Thereafter the names of the writ petitioners along with others, who became successful, were sent to the..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....tion or execution of any plan for or steps necessitating the historical change and proclamation of martial law on the morning of the 15 August, 1975. The appellant came to know about the aforesaid criminal cases while inside the jail. 4. The appellant alleged that in 1975 when the democra...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......f the appeals, we have come to the unanimous and unhesitating conclusion that it is not, and the Act is a valid piece of legislation. Now we turn to the facts leading to these appeals and give the reasons for our decision. 2. The appellant in Civil Appeal No. 18 of 1997 filed writ petiti..Category: Constitutional Law | Date: | Hits: 167
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......ed to refund to the petitioner the amounts of the Bank Guarantee that were encashed on 30.10.2003 as evident in Annexure-K and thereafter allow for the issuance of new Bank Guarantees for a period commensurate with that reflected in the revised works schedules to be submitted by the petitioner. Th......of 12% per annum in Civil Appeal No. 244 of 2005 and to refund the earnest money and security money deposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......bsent from his Tahsil Office. On verification of the cash book and pass book of the Tahsil Office it was also detected that the respondent Tahsilder had deposited in total Tk.32,483/58 upto 8.3.90 whereas he had collected Tk.53,621.39 since 16.7.89 to 28.3.90 and thus the respondent Tahsilder misapp..Category: Criminal Law | Date: | Hits: 63
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....e under Section 120B of the Penal Code. 7. Second Charge: In pursuance of the said premeditore conspiracy and in furtherance of their common intention, (to carry out the object of the said criminal conspiracy) the accused persons mentioned in the first charge in collusion with late Khond......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......Major Bazlul Huda got hold of him by grabbing his hairs and then they were put in line in front of the main gate; one Special Branch Officer who was standing on the line with them was shot down; thereafter some of the assailants went upstairs shooting through the way; the informant heard intermi..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ent and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......tion to prove criminal conspiracy relied on the depositions of P.Ws. 11, 12, 13, 14, 18, 21, 22, 23,24, 25, 26, 27,32, 34, 39, 40, 53. 163. P.W.11, stated that he was a member of unit he on reaching at the parade ground he noticed that the parade was disorderly, that in the parade Farooqu..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... 342. They all in unison with chocked voice sought justice narrating the events unfolding the evidence and materials on record as to how brutally the convicts perpetrated the incident and how the criminals were protected, sheltered, rewarded and maintained under State patriotism by the then Gov...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... Sheikh Naser Rahman, the brother of the President along with other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the inciden..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
..... The offence of murder is not defined under Chapter 5 of the Army Act. According to Section 3(2) of the Army Act, ‘civil offence’ means an offence committed in Bangladesh triable by a criminal Court. Criminal Court has been defined under Section 8 (7) of the Act as a court of ordina......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......ol. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
.... a scandalous chapter in our history, and this sort of practice should be stopped forever- it should not be allowed to repeat again. I fully agree with the views of the learned counsel. Whenever a criminal offence is committed, then irrespective of whether it also involves a civil injury, the of...... “In criminal law a party is not generally responsible for the acts and declarations of others unless they have been expressly directed, or assented to by him; “nemo reus est nisi mens sit rea”. This section, however, is based on the concept of agency in cases of conspira......rsons, he could have vividly mentioned therein the role played by each accused persons, but he did not resort to that path. This facts show that this FIR is not tainted by embellishment or a creature of after thought, rather it is the true version what the informant has seen at the place&nb..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... “We may appropriately repeat what often been pointed out by this Court under Article 136 of the Constitution, this Court does not normally proceed to review the evidence in criminal cases unless the trial vitiated by some illegality or material irregularity of procedure ......tigation. As newer technologies are introduced to assist investigation agencies, it is important to not be blindly enthusiastic about their reliability. The use of scientific techniques holds immense promise in the criminal justice system, but before accepting each technic we must examine it......ss corroborated by some other credible evidence. The Supreme Court observed as follows: “It thus appears that extra-judicial confession appears to have been treated as a weak piece of evidence but there is no rule of law nor rule of prudence that it cannot..Category: Criminal Law | Date: | Hits: 291
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....r but converted the conviction into one under Sections 302/34 of the Penal Code. 11. Being aggrieved by the judgment and order of the High Court Division the petitioner, State, has filed the criminal petitions for leave to appeal Nos. 335-336 of 2008 and the informant has filed criminal p......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ...... City. On 20.08.2000 at about 9.30 a.m. the deceased on way to Dhaka District Court from his residence by a vespa motorcycle driven by Arshad alias Asad, the Advocate's clerk (attached to him when reached between Barsha Beauty Parlour and Sujan Hair Dresser, at a little distance of his residence..Category: Criminal Law | Date: | Hits: 63
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