Search Options
Judgment Advanced Search
Displaying 2801-2820 of 3048 results.
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....law and order situation he was detained on the basis of secret reports of Special Branch of the Police. 6. Photo‑copies of first information reports and charge‑sheets of several criminal cases under activity different sections of the Penal Code, and one case under 19A(F) of t......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......tenu has resumed his various anti‑social and terrorist activities and is causing serious deterioration in law and order situation. If a turbulent man like him is kept outside it would be a threat to general law and order in the country. There is a rider in the grounds that the disclosure o..Category: Criminal Law | Date: | Hits: 88
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......em to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Taka 500.00, in default to suffer rigorous imprisonment for 3(three) months more each, under section 376 of the Penal Code read with Special Powers Act, 1974. 2. The prosecution case, to narrate in brief, is that o..Category: Criminal Law | Date: | Hits: 66
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
.... Vs. Divisional Special Judge, Khulna Division and another 44 DLR (AD) 215 this Court re‑iterated the legal provision. 11. After the case was transferred upon taking cognizance for an offence of criminal misconduct under section 5(i) of the Act by the Senior Special Judge under section 4(4) of ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......ix petitions, arising out of Special Case No. 11of 1992 of the Court of Special Judge, Dhaka, were heard together and are now disposed of by this judgment. 2. On April 14, 1991 an Officer of the Bureau of Anti-Corruption, Dhaka lodged a First Information Report with the Motijheel Police Station a..Category: Anti-Corruption Laws | Date: | Hits: 302
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....ther the plaint is liable to be rejected on the ground of its being barred under section 56(c) of the Specific Relief Act which provides that no injunction can be granted to stay proceedings in any criminal matter. 2. The trial Court, the learned Subordinate Judge, 1st Court, Dhaka rejecte......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... the suit property on 10.2.79 and found that the plaintiff had dispossessed defendant No. 1 and his son from the suit property on 20.1.79, which is contradictory to his own report dated 29.1.79. Thereafter on 7.3.79 the SDO (South), Dhaka drew up the Proceeding Case No. 1506a of 1978 against the ..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....city. The appellant responded by filing a writ petition, No. 1046 of 1989, on 11.9.89 and obtained an order of stay of realisation of the impugned electric bills and further proceedings of the said criminal case. It appears that the stay order was subsequently vacated but the writ petition is st...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......Gazipur on 24.9.89 was illegal. 3. Material facts of the case as can be gathered from the clumsily written writ petition and other papers now submitted before us by the parties are, that whereas according to the appellant, who is the owner of the aforesaid rice mill, power connection was ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
.... This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's application under section 561A Cr.P.C. for quashing a criminal proceeding against him. 2. The proceeding in question arises from a Complaint Case ......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......ses from a Complaint Case CR No. 39 of 1991 in the Court of Upazila Magistrate, Patuakhali. Respondent, who filed the complaint, alleged that he is a fish merchant at Terminal Ghat, Patuakhali, whereas the accused appellant is a trader in fish at Chuadanga. Both of them had long‑standing bu..Category: Criminal Law | Date: | Hits: 43
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... appears that it was admissible as an admission but not as a confession as there was no plenary admission of guilt by the respondent. Section 24 of the Evidence Act makes a confession irrelevant in a criminal proceeding if it appears to have been caused by inducement, threat a promise proceeding fro......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......w stands ousted. The respondent was rightly charged by the Tribunal under section 25B of the said Act and after trial he was rightly convicted under section 25B of the Act. The addition of the words "read with section 156(8)" in the charge is superfluous and totally unnecessary. This addition has no..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......ars more. He preferred an appeal, Criminal Appeal No. 54 of 1988, which was admitted for hearing by the High Court Division, Dhaka. The appellant filed an application for bail and also for stay of realisation of the fine pending disposal of the appeal. The learned Judges of the High Court Divisi..Category: Criminal Law | Date: | Hits: 44
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....nbsp; before the Court which decided the case reported in 19 D.L.R. 318. 30. Mr. T. Ali contended that the principle enunciated in the case reported in 1955 S.C.A., 609 was considered in a criminal case; so it no bearing on the facts of the case reported in 19 D L.R, 318. We do not think......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......le as the petitioner was not a co-sharer tenant. The transferee claimed to have effected improvement of the land in question 3. The application for pre-emption was filed on 29.2.64. Thereafter the pre-emptor amended his application for pre emption on 16-1-65 describing it to be an al..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......me. According to the Magistrate, however, independent income of the wife was no ground to refuse maintenance to her and to the children. So, he awarded maintenance at the rate of Rs. 100/- per mensem to Begum Hamida and to each of her children. Against this order the respondent moved the Ses......ction 439 of the Code of Criminal Procedure and obtained a Rule, being Criminal Revision No. 813 of 1968. 5 The High Court took the view that the order of the Magistrate was vitiated by reason of the following defects:— (1) that the total amount of maintenance award..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....han and others, (19 DLR (SC) 439), held the same view and pointed out that the "Section can certainly not be so utilised as to interrupt or divert the ordinary course of criminal procedure as laid down in the procedural Statute". 29. In view of ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......03 of the Constitution of the People's Republic of Bangladesh by the High Court Division following upon delivery of judgments in two Criminal Revision Cases filed under sections 435, 439 read with sections 497, 498 and 551A of the Code of Criminal Procedure (hereinafter referred to as ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......oners filed nomination papers on a particular date in connection with a particular 'purported' bye-election for a particular constituency. The charge sheet has also cited the penal provision which, read with the statement that the petitioners filed the nomination papers, has given a clear indicat..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ...... Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at Mymenshingh under President's Order No. 8 of 1972. i.e., the Bangladesh Collaborators (Special T......r the Office of President fell vacant owing to the resignation of the President designated by the Proclamation; namely Banga Bandhu Sheikh Mujibur Rahman (The Vice-President had also resigned,) Thereafter, on being appointed in the manner provided in clause (8) of the Provisional Constituti..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......ency or incompatibility between the provisions for bail in section 427 of the Code and article 14 of the Collaborators Order, the word 'may' appearing twice in section 427 of the Code must be read as 'shall', without reference to its concluding words, namely “or admit him to bail'' in..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....e of doubtful nature. The High Court Division is, thus, found to have rightly held Paltu not guilty. This finding is not at all perverse calling for interference. 4. Now, coming to the criminal act attributed to Ashraf Ali and Liakat, the evidence is that Ashraf Ali struck Kafi with......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......‑respondents for trial on charges of murder, theft and rioting. The trial was held by the Additional Sessions Judge, Bogra, on a number of charges including a common charge under section 302, read with section 34, of Penal Code for committing the murder of Kafi by intentionally causing his..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....omestead of PW 1. The learned Judges of the High Court Division, on an analysis of the evidence on record, correctly found that the appellants and others, by forming an unlawful assembly, committed criminal trespass into the house of PW 1 Serajul Huq and voluntarily caused hurt to PW 1 Serajul Hu......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ...... Mesbahuddin, Abdul Huq, Ahmed and Jabbar, appellant No. 1, gave Katra blow on the right side on the chest of deceased Aminul Huq, brother of PW Serajul Huq who fell down on the ground and died thereafter. The other accused persons also dealt various blows on several witnesses causing injuries o..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... 1971, more than a year before the said President's Order came into effect. 125. The argument of the learned Attorney-General is long on emotion and short on law. First, his commentaries on the criminal aspects of the political antecedents of the respondent were never tested in a court of law.......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ...... him and the show cause Notice No. HH: MA(Bhai-l)/134 dated March 23, 1992 of the Ministry of Home Affairs served on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it appears that the persons specified below have been staying abroad ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ...... an alleged eyewitness to the occurrence, his name was cited as a witness in the charge-sheet and his statement was recorded by a Magistrate under section 164 Cr.P.C. The Magistrate concerned has already deposed as PW 3 and proved the judicially recorded statement of the alleged eye‑witness Gola..Category: Criminal Law | Date: | Hits: 53
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....193 of 1986, on the grounds that no proper enquiry was held and no opportunity was given him to defend himself. The Appellant filed a written objection stating that the worker had been convicted of a criminal offence by a Court and, as such, no show cause notice or enquiry for his dismissal was requ......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......nt with back wages. The appellant filed an application under Order 9, rule 13 of the Civil Procedure Code for setting aside the ex parte order, but this application was also dismissed for default. Thereafter, the appellant filed the Writ Petition contending, inter alia, that when conviction of the w..Category: Labour and Industrial Law | Date: | Hits: 103
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ......appellant requested him to supply two trucks of jute at Taka 83,059.00 and assured him that he would pay Taka 40,000 in cash at the time of delivery and the rest Taka 43,059.00 within three days thereafter. After the accused paid Taka 40,000.00 the complainant, in good faith, supplied the goods, ..Category: Criminal Law | Date: | Hits: 70
12041201119711921191119011861184118211791178117711761174117311721171116611631161