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Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....think that this was a good ground for refusing retrial of this case, particularly when there was sufficient time for retrial when the appeal was disposed of by the High Court Division. Result of a criminal case does not affect a civil suit in which the Court is free to come to its own finding in......acquitting the accused respondents (except respondent Azimuddin) in Criminal Appeal No. 232 of 1984. All of them except Azimuddin had been earlier convicted by the Additional District Magistrate, Mymensingh, in CR Case No. 219(1) of 1981 under section 467 read with section 109 of the Penal Code, ......ddin) in Criminal Appeal No. 232 of 1984. All of them except Azimuddin had been earlier convicted by the Additional District Magistrate, Mymensingh, in CR Case No. 219(1) of 1981 under section 467 read with section 109 of the Penal Code, and sentenced to rigorous imprisonment for 7 years along w..Category: Criminal Law | Date: | Hits: 68
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....e impugned order. The petition is dismissed. The petitioners may, however, renew their prayer for bail or for an early hearing of their appeal before the High Court Division. 4. In a pending criminal appeal when an appellant files an application for a bail, the Court should not ordinarily ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....hana Parishad and retention of the remaining powers and functions with Government. Government would retain the direct responsibility for "regulatory functions" including police, magistracy, civil and criminal justice, while the Thana Parishad would administer the "transferred subjects" including dev...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......requires the State to encourage local government institutions, but the Ordinance abolished a local government namely the Upazila Parishad. The learned Judges of the High Court Division, for different reasons, some of which are common, dismissed all the petitions, but issued the Certificate since the..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....ompelling reason to interfere with the impugned order of acquittal, more so, when the State has not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......l (PW 2), is challenging an order of acquittal passed by the High Court Division in appeal. 2. The petitioner made an application on 19.12.1980 to the District Anti‑Corruption Bureau, Dhaka whereupon an Assistant Inspector made a preliminary enquiry and then lodged a FIR on 29..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......owdhury and another filed a suit on June 10, 1952 in the Subordinate Judge, 3rd Court, Dhaka for declaration of the title and khas possession of their lands measuring 1.72 acres in the Kakrail area of Dhaka city against two persons, namely, Awlad Hossain and Fazlul Karim on the allegation, i..Category: Criminal Law | Date: | Hits: 141
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....isonment for 3 years. The basis of alteration of the that section 34 of the Penal trial Court's finding was Code was not applicable in their case but they were held responsible for their individual criminal acts. As to accused Mantu, in whose case trial Court's finding was reversed, basis for rev......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......pened to be present there. He intervened in the scuffle between Bakul and Pradip, as a result of which Pradip could not assault Bakul. So he was enraged at the intervention of Mona and held out a threat that he would very soon teach her (Mona) a lesson. At about 5‑00 PM Mona was going to Kh..Category: Criminal Law | Date: | Hits: 93
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......have participated and the Court acts on the principle that it is better to err on the side of safety, so that no injustice is done to a possibly wrongly implicated accused, and benefit of doubt is reaped by a large number, with the result that their acquittal, out of abundant caution, reduces th..Category: Criminal Law | Date: | Hits: 65
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......he said Criminal Law Amendment Act was enacted and that by that Notification "all Sessions Judges" of the then East Pakistan were made "Senior Special Judges" in respect of their Sessions Divisions. Creation of new Districts or Sessions Divisions does not require fresh Notification as to Senior Spec..Category: Anti-Corruption Laws | Date: | Hits: 100
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......f the accused -appellant. 2. The appellant who was a former Chairman of Bangladesh Chemical Industries Corporation is an accused along with two others in Motijheel PS Case No. 72(12)/90 filed by Bureau of Anti-Corruption, Dhaka on 30.12.90 under sections 409/109 of the Penal Code read with sectio..Category: Anti-Corruption Laws | Date: | Hits: 92
....tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......ner tenders apology as an act of contrition the court must weigh that apology and in awarding punishment the Court must consider the apology tendered by the contemner. If the apology is found to be a real act of contrition, no action need be taken and a word of warning may be enough but if the apolo..
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... 22 January 1992 in Criminal Appeal No. 194 of 1982, arising out of Sessions Trial No. 150 of 1980, in the Court of Additional Sessions Judge, Rangpur. 2. An incident of murder, rioting and criminal trespass took place on 20th November 1979 at about 7.30 AM over the possession of a paddy l...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......oners for trial. Case of the prosecution is that the land belonged to, and was in possession of, his wife PW 2, that the informant with his labourers including one Giasuddin (the deceased) went to reap paddy of the land, but the petitioners formed an unlawful assembly, with the common object to ..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....f conviction and sentence passed upon the condemned prisoner, accepting the Death Reference and dismissing the Jail Appeal. The learned Judges of the High Court Division however differed as to the criminal appeal filed by co‑accused Mosharraf and Mainuddin, one of them dismissing the same ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ...... the Division Bench of the High Court Division dated 4.2.92. 3. Deceased Safiuddin Chowdhury was the Chairman of No. 4 Char Ruhita Union Parishad in 1978. On the morning of 3.12.78 he took breakfast in his home and came to the Union Parishad office situated at a distance of about 250 yard..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ...... leave arises out of an order of acquittal passed by the appellate Court and confirmed by the High Court Division in revision. The short question for consideration is whether there has been such misreading of evidence as to the recognition of the respondent No. 1 Ali Mollah, particularly that of ..Category: Criminal Law | Date: | Hits: 51
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....ion of transfer of a case by the Senior Special Judge is limited within his district. Section 4(3) has, therefore, no conflict with section 10(3). Similar is the position in respect of transfer of criminal cases by a Sessions Judge under section 526B, and by the High Court Division under section...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......extensive with that of the Divisional Special Judge i.e. the territorial jurisdiction of the Divisional Special Judge is over the entire administrative Division consisting of several districts, whereas the jurisdiction of a Senior Special Judge is limited to his district, designated as sessions&..Category: Criminal Law | Date: | Hits: 118
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......y and observing that the story of dacoity was fabricated and that the goods removed from the godown were, in all probability, misappropriated by Corporation's employees in charge of the godown. Thereafter, the respondent considered the report of enquiry and other connected papers and served a se..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....and is, therefore holding himself out as an obstinate defender. We, therefore, hold that the contemner is guilty of contempt of Court". 9. A contempt matter is in the nature of a criminal proceeding, and as such, the person proceeded against ie. the contemner, stands in positio......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......uo, apparently respected the Court's order and directed their men not to start the demolition, and consequently, the plaintiffs' shops remained unaffected for some time. 3. But a few days thereafter, i.e. on 21st October, 1988 at about 9‑00 PM, Chairman of Ward No. 37 of the Municip..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....asonable grounds by merely looking at the allegations made in the FIR. The circumstances in which the appellant, once a Minister in the Government, was taken into custody and the backdrop in which criminal Proceedings were started against him and others were such as to require the court to exhib......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......of the Special Powers Act. In Writ Petition No. 164 of 1991 the High Court Division by judgment and order dated 21.3.91 declared his detention to be illegal. He was not, however, released as the Bureau of Anti‑Corruption in the meantime filed two Criminal cases, Ramna PS. Case Nos. 53(2) 9..Category: Constitutional Law | Date: | Hits: 150
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....de in the judgment of the High Court Division on the ground that these are totally irrelevant and unnecessary for the disposal of the appeal and that these observations are derogatory to the entire criminal legal system of the country. 2. We have heard Mr. Abdul Wadud Bhuiyan, learned Add...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ...... 36 of 1984, Patuakhali, convicting five accused persons (respondents Nos. 1‑5 in this leave petition) and sentencing them to transportation for life under section 366A/109 of the Penal Code read with section 4(a) for the Cruelty to Women (Deterrent Punishment) Ordinance No. LX of 1983. Th..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....Siddique Munshi), Taher Uddin, Rashid and Danesh but that the complainant's party (deceased Idris and his brother PW 1) also claimed it, that over. this land the accused persons had instituted two criminal proceedings, one under section 107, and the other under section 144, of the Cr.P.C. and fu......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......used persons in taking forcible possession of Idris Fakir's boro paddy land. At about 9‑00 AM that day, appellant and many others variously armed, went to the land of his brother to forcibly reap the ripe boro paddy which had been grown by his brother. When Idris Fakir protested, accused S..Category: Criminal Law | Date: | Hits: 69
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....m the time of their ancestors. The suit land has been recorded in the S.A. Khatian in their names. They have sold 2 kanis of land to one Kabir Ahmed Master. Yusuf Ali, an alleged pattadar, filed a criminal case against the defendants in respect of the suit, but he lost. 7. The trial Court......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......09;defendant Nos. 21, 22, 28 and 29 by a kabala dated 20‑5‑58 and is possessing the same. Abdul Hakim's heirs, the defendants, have no title and possession in the suit land. They are threatening the plaintiff with dispossession. Hence the suit. 6. The contesting defendant Nos. ..Category: Property Law | Date: | Hits: 52
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