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Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......, Chittagong in Special Tribunal Case No. 113 of 2010 arising out of G. R. Case No.215 of 2010 corresponding Lohagara P.S. Case No. 7 (9) 2010 under section 19 A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short is that on 9.9.2010 one Md. Abdul Nabi l......ithout complying the provision as laid down under section 27 of the Special Powers Act and initiation of the impugned criminal proceeding is illegal and without jurisdiction and the appellant has got fair chance of acquittal in this case. Since the informant of the case is a private person, who has ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 41
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......3. Bail petition of the appellants was rejected by the impugned order 7-3-2000 holding, inter alia, that on 10-3-99 at about 1-40 AM the appellants along with a group of miscreants were lying in wait for the arrival of their adversaries and on seeing the police closing in, they started fleeing away ......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......Aziz J Md. Abdus Salam J Ershad Ali…..………….Appellants Vs. State……………Respondent Judgment June 4, 2000. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank 18 DLR (SC) 354 and PLD 1966 (SC) 938; Dira Dockyard and Engineers Ltd. and o..Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......against the order dated 30-4-94 passed by the Subordinate Judge, Naogaon in Miscellaneous Case No.80 of 1992 under Order 43 rule 1(k) of the Code of Civil Procedure rejecting the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting asid......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541....... plaintiff- petitioner long ago at the time of hearing of Civil Revision No.108/1989 (Rangpur)/Civil Revision No.1507 of 1991 (Dhaka) and as such the application is barred by limitation. 7. At the trial the plaintiff-petitioner examined one witness and the contending defendant examined 2 witnesse..Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......Respondent Opposite Party. MA Halim with AM Moniruzzatnan Lasker Advocates—For the Respondent Opposite Party. FAT No. 358 of 1999. Judgment Md. Mozammel Hoque J.- This is an application for acceptance of Bank Guarantee with respect to deposit of half of the decretal amount to the Court......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......e decretal amount to the Court before filing the present appeal. 2. It appears that the appellant instead of depositing the half of the decretal amount in Court submitted Bank Guarantee before the trial Court and the trial Court accepted the same. Now the question arises as to whether Bank Guaran..Category: Civil Law | Date: | Hits: 87
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......e quashed. 2. As the facts and question of law involved are similar in both the Rules, these were heard together and are now disposed of by this single judgment. 3. The relevant facts necessary for the purpose of disposal of the above Rules are stated below: “The petitioner in Criminal Mi......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530....... present case before us. 14. The learned Advocate for the opposite party complainant has submitted that though the dates are not specifically mentioned in the petition of complaint, at the time of trial, the complainant may make specific allegation by mentioning the dates on which the transaction..Category: Criminal Law | Date: | Hits: 46
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....assed property disproportionate to his known sources income by improper means. It cannot conceived of that the Legislature will be powerless where there is no question of violation of the fundamental rights in enacting a law for taking penal action against person who have amassed property by imprope......tition No.5384 of 1996 with Writ Petition No.736 of 1993 with Writ Petition No.2538 of 1991. Judgment Mainur Reza Chowdhury J.- On an application made by the petitioners in the afore-mentioned Writ Petitions under Article 102 of the Constitution of Bangladesh Rules Nisi were is...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......se the scheme of the Special Powers Act, 1974 and the Anti-Corruption Act, 1957 are widely different. Firstly, under section 3 of the Special Powers Act a person can be put behind the bar without any trial if the Government is satisfied that his detention is necessary in order to prevent him from in..Category: Criminal Law | Date: | Hits: 69
Shahidul Vs. State, 1998, 27 CLC (HCD)
....e legislature providing opportunity to the accused concerned to make out his case about his innocence of the offence charged. In the present case it appears that the accused petitioner was denied his right to present his case at the time of examination of the other accused for no fault of his own as......No. 37 dated 27-4-1996 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The accused petitioner and others were placed on trial before the Court of Special Tribunal No, 7, Khulna in Special Tribunal Case No.227 of 1996 and after c....... 1, the live bombs, were kept by the accused petitioner in the control and possession of the accused Al-Amin and that he all along obtained his joint ownership/control/possession thereto. So, in all fairness, it can be said that the prosecution has hopelessly failed to prove the joint ownership/con......PS Case No. 37 dated 27-4-1996 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The accused petitioner and others were placed on trial before the Court of Special Tribunal No, 7, Khulna in Special Tribunal Case No.227 of 1996 and..Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......J. - This appeal at the instance of two convicts who were convicted by the learned Sessions Judge, Feni in Sessions Case No.7/92 under sections 302/201 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for 6 months more. 2. Prosecu......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......e investigation officer under sections 302/201 of the Penal Code against the eight accused including the present appellants and charge was also framed against them under those sections at the time of trial. Both the appellants made statement under section 164 Cr.P.C. and on the basis of their statem..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......(part)/475 (Annexure -M) by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, owner of MV Alba (formerly MV Alsara), in brief, is that they are represented in Bangladesh by Mariners (Bangladesh) L......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ...... raised was accepted by the Judicial Committee and Lord Modermoti observed as follows: “The effect of a verdict of acquittal pronounced by a competent Court on a lawful charge and after a lawful trial is not completely stated by saying that the person acquitted cannot be tried again for the sam..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......pecial Tribunal Case No.90 of 2010 arising out of G.R. Case No.51 of 2010 corresponding to Potenga P.S. Case No.03 dated 06.02.2010 under section 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellants. 2. It is submitted that although 30 accused persons including the app...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......with 2 arms and some ammunition considering them they were engaged in piracy but there is no specific allegation against them of holding the fire arms of ammunition by any of the accused persons, the trial court even though rejected the prayer for bail on holding that there is a specific allegation ..Category: Criminal Law | Date: | Hits: 60
Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)
.... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... Tribunal Case No.856 of 2008 arising out of G.R. Case No. 787 of 2008 corresponding to Khilgaon P.S. Case No. 25 dated 05.08.2008 under sections 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, in short, is that on 5.8.08 one D.A.D Md. Shahidu...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 9. Considering the submission made by the learned advocate to the effect that the trial is delayed for no-fault of the appellant and also considering that co-accused standing of the ..Category: Criminal Law | Date: | Hits: 49
Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......sh. He could not recognize the accused persons. 3. The accused petitioner was arrested in connection with Jhalokati P.S. Case No.7 dated 11.7.2009 under section 457/380 of the Penal Code and moved for bail but failed, he then obtained the instant rule. 4. The learned advocate appearing for the......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......down under section 167 of the Code of Criminal Procedure, till now the investigating officer could not conclude the investigation and not submitted any report and there is no certainty as to when the trial will be commenced and the petitioner is languishing in jail custody for more than a year witho..Category: Criminal Law | Date: | Hits: 50
Motin Gazi alias Motiar Rahman Vs. The State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... 14 trucks entered into PHP Steel mills and one truck being No. 3776 which was driven by the driver Md. Liton along with helper Md. Mahfuz was not come into the PHP steel mills and on quarry he was informed from the driver that due to disturb of the truck he was not able to reach thereto and thereaf......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......or the petitioner submits that the maximum sentence awarded under section 407/420 of the Penal Code for 7 years and by this time the petitioner has served out for more than 16 months and till now the trial has not been started and there is no certainty as to when the trial will be concluded, accordi..Category: Criminal Law | Date: | Hits: 51
Abul Kalam Bepari Vs. The State, 2011, 40 CLC (HCD)
.... cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......of 2008 corresponding to Zazira P.S. Case No.7 dated 20.11.2008 under section 302/34 of the Penal Code, now pending in the Court of Sessions Judge, Shariatpur. 2. For killing the daughter of the informant an FIR was lodged under section 302/34 of the Penal Code against 3 unknown accused persons i......s alleged to kill the informant’s sister but no other witness come forward to depose against the petitioner even after issuance of a non bailable warrant of arrest against them and since he has got fair chance of acquittal in this case and as such he may be enlarged on bail. 5. The learned Assi......bject to the satisfaction of the learned Sessions Judge, Shariatpur in Sessions Case No. 26 of 2009 arising out of G.R. No.161 of 2008 corresponding to Zazira P.S. Case No. 7 dated 20.11.2008. The trial court however, is at liberty to cancel the bail, if the accused petitioner misuses in any way ..Category: Criminal Law | Date: | Hits: 52
Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
.... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......1, Dhaka in Special Tribunal Case No.635 of 2008 arising out of G.R. Case No. 232 of 2008 corresponding to Badda P.S. Case No.33 dated 18.4.08 under section 19 A of the Arms Act, rejecting the prayer for bail of the appellant. 2. While interrogation in a case under section 392 of the Penal Code i......uments annexed to the supplementary affidavits together with the impugned order. 6. On perusal of the FIR and considering the latest position of the case and considering that the appellant has got fair chance of acquittal in this case and the trial is delayed for no fault of the appellant, we fin......he learned advocate appearing for the appellant on drawing our attention to the latest position of the case submits that the case was transmitted to the Court of Special Tribunal in the year 2008 for trial but even after issuance of the non bailable warrant of arrest, till the last date i.e. on6.2.1..Category: Criminal Law | Date: | Hits: 43
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....it’s financial inability and the Shahbajpur Gas Field, discovered by BAPEX in 1995 is, reportedly, in the process of transfer to the foreign contractors for development without preserving BAPEX’s right in the deal, which right could enable BAPEX to mobilize funds for further exploration by itsel......e Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest ......ther or further order or orders passed as this Court may seem fit and proper.” Facts as averred 1. The petitioners in their endeavour to portray a comprehensive scenario of the state of affairs that have been in prevalence, surrounding gas and mineral resources exploration, existence of ......tribution System Ltd., who supply gas, produced by two companies of Petrobangla, named Bangladesh Gas Field Company Ltd. and Sylhet Gas Field Company Ltd., to power plants, fertilizer factories, industrial and commercial concerns and household consumers. Petrobangla is also involved in mineral explo..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......f 1996 (Pabna), convicting accused appellant Md. Rowshan Ali under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him thereunder to suffer rigorous imprisonment for three years and to pay a fine of Taka 1,96,800.00, in default, to suffer rigorous imprisonment f......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......vestigated the case and on completion of the investigation submitted charged sheet against the accused appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947, to stand trial in the Court. 4. Upon the aforesaid allegations the accused appellant was put on trial befo..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
.... and notice vide Annexure-A is a devise adopted to induce the petitioner to make statement exposing herself as an accused and to become a witness against herself in clear violation of the fundamental right as guaranteed by Article 35(4) of the Constitution. 9. As regards the ‘satisfaction’ me......assment of the petitioner who was earlier put to unnecessary trouble and harassment through arrest in connection with GD entry No.6767 dated 12-6-93 under section 54 of the Code of Criminal Procedure for which she moved the Metropolitan Magistrate Court wherefrom she was granted bail but she was the......he functioning and governing powers in the Government. The Bureau is also charged with the duty of Governing as a functionary of the Government. The Bureau is the authority authorised to administer affairs relating to Anti-Corruption. Hence the issuance of the impugned notice by the Bureau of Anti-C......n respect of an offence before an officer competent to investigate it or to whom complaint is made relating to commission of an offence before a Magistrate to try or to send to another Magistrate for trial of the offences. He contends that the issuance of the notice under section 4(1) of the Act is ..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....ion". Article 39(1) of the Constitution of Bangladesh and sub-articles 2(a) and 2(b) of the said Article read as follows: "39. (1) Freedom of thought and conscience is guaranteed. (2)(a) the right of every citizen to freedom of speech and expression; and b) freedom of the press, are guar......ud, Editor, Daily Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having its office at 55, Motijheel Commercial Area, Dhaka, for quashing the proceeding as contained in complaint case No.1364 of 1994 under section 295A of Pen...... community or denomination has the right to establish, maintain and manage its religious institutions." 9. Thus the Constitution of Bangladesh also allows some liberty and freedom to make free and fair criticism of any religion or faith. For the reasons and discussions above we find merits in thi......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....2 have not been found to be bona fide purchasers without notice of the ‘Ekrarnama’. Facts of the case are also quite distinguishable from the facts of the present case. 40. So, the trial Court rightly held that the sale deeds Exhibits 2 series along with the deed of agreement, ‘Ekrarnama’......, at Upazila Mirsharai, Chittagong in other suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of th......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......s for value without notice of the ‘Ekrarnama’. They asserted that the plaintiff was estopped from raising any question as to any sort of mortgage and thereby not entitled to any decree. 6. The trial Court decreed the suit without costs and directed the defendants to deliver the possession of ..Category: Property Law | Date: | Hits: 113
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