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Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......s the demand of dowry directly or indirectly, from the parents or guardian of a bride or bridegroom an offence. 11. No difficulty arises if the accused after the marriage demands dowry which had already been agreed upon before the marriage or at the time of marriage but which had not been given o..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... to be just. 26. From the Appellate side rules it appears that writ petition in the nature of Habeas Corpus is governed under section 491 of the Code of Criminal Procedure in Chapter 11, as criminal business. Hence the writ petitions of other nature such as mandamus, certiorari and quo wa......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... can adopt the provisions of the Code by analogy if specific Rules covering procedural matters do not exist. He further submits that the learned Judges of the High Court Division have not given any reason why the explanation of respondent No. 1 for non‑appearance on the date of hearing was ..Category: Procedural Law | Date: | Hits: 102
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......l Appeal No. 64 of 1994 before the High Court Division challenging the order of conviction and sentence of two years' imprisonment made by the Additional Sessions Judge, Dhaka, under section 221(c) read with section 10(1) of the Madak Drabbya Niaantran Ain, 1990 and pending disposal of the appea..Category: Criminal Law | Date: | Hits: 55
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....7, but he engaged some goonda elements to disturb the law and order situation and academic atmosphere in the school. On a complaint the Officer‑in‑Charge of the Motijheel Police Station started a criminal case, No. 66 dated 12 January 1987 under section 406 of the Penal Code, against the Headmas......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......arun-ur-Rashid Talukdar, the teacher representative in the enquiry committee, was absent on 7 April 1988, but the enquiry committee continued its proceeding without adjourning it and without giving a reasonable opportunity to the plaintiff to defend himself. No second show cause notice was served be..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....rutiny of the above provisions reveals that a review of the proceedings of a Martial Law Court is an essential part of the original proceeding which is unknown to the ordinary procedure of trial of criminal cases as under the Code of Criminal Procedure, 1898. Indeed, there is no provision for re......power of review was exercised either by the Government or by the Sessions Judge and not by the CMLA himself as in the present cases. The question of jurisdiction has to be viewed within an added dimension when the review power is exercised by the person who himself makes the Regulation under whi...... 1985 set aside the aforesaid findings, sentences and order id found the appellants Shawkat Ali Khan and Idris Patwary guilty under section 406 of the Penal Code and section 5(2) of Act II of 1947 read with Regulation 11 of MLR No. 1 of 1982 and sentenced each of them to suffer Rigorous Imprison..Category: Constitutional Law | Date: | Hits: 174
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....iry, it was pointed out that, the respondent was not found actively involved with the importers for causing financial loss to the Bank and accordingly the Bank did not implicate the respondent in the criminal case nor impleaded him as a defendant in the civil suit filed by the bank for recovery of t......ken departmentally and a criminal proceeding in a Court of law against him on the self same facts. In a criminal trial, for an offence like criminal breach of trust or forgery, dishonest intention or mens rea is required to be proved because it is an ingredient of the offence. But in a disciplinary ......dit for Taka 19 lakh in the name of each firm, that he had violated a staff circular and the usual banking practice and provisions of exchange control manual and that his negligence was proved beyond reasonable doubt. The Tribunal, however, also found that although the acts of the respondent complai..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....Section 438 of the Code gives concurrent powers and jurisdictions to the Sessions Judge, the Chief Metropolitan and the District Magistrates to make reference, i.e., to make a report in respect of criminal proceedings for orders to be passed by the High Court Division. 10. Section 438 of ......ee applications under section 561A of the Code of Criminal Procedure are directed against the orders dated 15.8.93 and 17.7.93 respectively passed by the Sessions Judge, Sherpur, Sessions Judge, Mymensingh and Additional Sessions Judge, 5th Court, Dhaka, under section 439 of the Code of Criminal......High Court Division only for the purpose of jurisdiction exercised by the High Court Division under section 439. 5. Section 439A of the Code before the insertion of section 439A in the Code read as under: "Nothing in this section applies to an entry made under section 27..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... instant case, has said "No". Leave has been granted by us in this case not only to re-examine this question but to put an end to the chaos, confusion and anarchy in the administration of criminal justice, created by the impugned judgment of the High Court Division, which is very much ......man J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Judgment March 8th, 1994. Lawyers I......inal Procedure, (briefly the Code) to interfere with a decision given by the Sessions Judge in revision under section 439A of the Code. This Court the Appellate Division by a series of judgments already decided this question saying "Yes"; but the High Court Division, in the instant cas..Category: Criminal Law | Date: | Hits: 98
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......f the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to def..Category: Criminal Law | Date: | Hits: 61
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....at the learned Judges misdirected themselves in relying upon the provisions of Muslim Personal Law regarding attainment of majority while deciding question of custody of an alleged minor girl pending criminal proceeding under sections 363/366A of the Penal Code, (3) and that the learned Judges in di......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......the FIR) but the learned Judges of the High Court Division paid no heed to this aspect at all and found: "Since it is established principle by several decisions of this Court that a girl may be treated as major at the age of 16 and since the Muslim Personal Law shows that a girl may attain ..Category: Criminal Law | Date: | Hits: 68
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....reme Court flag designed for undermining the authority and the dignity of the Supreme Court and also certain remark personally directed towards the Judge in question and even suggesting for taking criminal action against the Judge concerned which, in the facts and circumstances of the case, mani......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......tion 2 'Apology' is an act of contrition, but in the facts and circumstances of the case, it is not a bonafide repentant one of a penitent heart and is devoid of remorse. The Court finds no reason to differ with the findings of the High Court Division regarding acceptance of the unqualifi..Category: Criminal Law | Date: | Hits: 64
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....plaintiff, about the matter heard from his wife and they stated the fact of taking away unregistered kabala by the defendant which he executed earlier. Over the said incident the plaintiff filed a criminal case and the defendant and his nephew were convicted and on appeal the conviction was main......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......ip;…….(11) There is nothing in the judgment of the High Court Division to indicate that the findings arrived at by the lower Appellate Court are tainted with misconception, misreading, non-consideration of material evidence or misunderstanding of findings on material points ..Category: Property Law | Date: | Hits: 66
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......¦â€¦(15) Direct evidence of recognising the assailant in stabbing the deceased victim cannot be discarded or discredited only for absence of blood at the place of occurrence. There may be various reasons for not finding blood on the place of occurrence. Similarly failure of the prosecution to pr..Category: Criminal Law | Date: | Hits: 47
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......ution under sections 2(3), 16 and 32 of the Customs Act, 1969, under section 8(1) of the Foreign Exchange Regulations Act, 1947 and under section 3(1) of the Imports and Exports (Control) Act, 1960 read with section 25B of the Special Powers Act, 1974. The respondent's defence was that he wanted ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....learned Counsel appearing for the petitioner, submitted that the High Court Division failed to appreciate that there is no bar in invoking section 561A of the Code of Criminal Procedure in quashing a criminal case when the facts and circumstances of a case fall within the category laid down by the A......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......dure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding………………(6) Lawyers Involved: Anisul Huq, Advocat..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......................Respondents Judgment November 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 417. Departure, contradiction and embellishment in the prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumst..Category: Criminal Law | Date: | Hits: 67
Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....committed under the customs Act, the learned Judges of the High Court Division were wrong in assailing the validity of the order of revisional authority upon consideration of the finding in the criminal case in that the revisional authority decided the case on 12-3-1988 prior to the judgment...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......a wireless message during the voyage in the mid-sea to change the name of the vessel MV AL Sara to MV Alba and he displayed the name of the vessel as MV Alba. When on 23-12-1985 in the evening she reached at a point towards Chittagong Port due to darkness and failure to contact the local agent,..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......h resulted in torture upon the victim. So, the contention of absence of evidence as to demand of dowry is negated. A statement recorded by the police under section 161 Cr.P.C. can never be treated as substantive evidence. It can only be utilized by the defence under section 162 Cr.P.C. t..Category: Criminal Law | Date: | Hits: 59
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
.... Amirul Kabir Chowdhury J ASI Md. Ayub Ali Sardar and another.................Petitioners Vs. State........................Respondent Judgment August 29, 2005. Result: The criminal petition is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 Th......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......thers forcibly entered into the land of Plot No. 216 with the help of some police personnel and attacked Abdul Aziz and his son with lathies and then Abdul Aziz and his son came back home and that thereafter accused Shamsul Huq and others including accused petitioners Ayub Ali and Sagir Ahmed raided..Category: Criminal Law | Date: | Hits: 78
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ion of investigation submitted final report against the appellant and the same was duly accepted by the learned Special Judge, Dhaka by order dated 30-11-1997. Hence, in the eye of law, there is no criminal case pending against the appellant although she was removed on this count. 12. Th...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......rative Appellate Tribunal in Appeal No. 127 of 1999 allowing the appeal by majority view. 2. Short facts are that the appellant while working as Project Director of Rural Women Employment Creation Project, the Bureau of Anti-Corruption on 16-11-1994 lodged an FIR with the Ramna Police St..Category: Administrative Law | Date: | Hits: 128
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