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Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......al Powers Act which does not provide for absolute bar. Under section 32 even when the prosecution opposes the prayer for bail the Court can release an accused on bail when it is satisfied there are reasonable, grounds for believing that the accused is not guilty of the offence alleged. The High ..Category: Criminal Law | Date: | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....be long. 11. In civil matters the court is required to pronounce judgment, after the case has been heard, either at once or on some future day not beyond seven days. (vide Order XX rule 1 CPC). In criminal matters there is a greater urgency in pronouncing the judgment. There has been no case to o......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......d, the accused petitioner, is facing trial on a charge of corruption in Special Case No. 7 of 1991 before the Divisional Special Judge, Dhaka. 2. Following an FIR by the Deputy Director of the Bureau of Anti‑Corruption on 8.1.1991 charge‑sheet was submitted on 17.2.91 and the court took cog..Category: Anti-Corruption Laws | Date: | Hits: 88
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....successfully moved the High Court Division for quashing the proceeding in question. 3. Leave was granted to consider whether on the allegations as made in the petition of complaint any prima facie criminal offence has been made out or the allegations, if any, come within the purview of civil liab......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......ection 200 of the Code of Criminal Procedure by the Chief Metropolitan Magistrate who after recording the substance of the allegations took cognizance under sections 420 and 406 of the Penal Code. Thereafter the accused unsuccessfully moved the High Court Division for quashing the proceeding in ques..Category: Criminal Law | Date: | Hits: 64
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....'s Case (Supra) Lord Diplock states the rule as follows: "To seek to apply to constitutional instruments the canons of construction applicable to ordinary legislation in the fields of substantive criminal and civil law would, in their Lordships' view, be misleading particularly those applicabl...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......e construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....sion therein since then. Plaintiff alleged that the defendants got the schedule 2 land recorded in their names and dispossessed him forcibly therefrom on 8th Baisakh, 1368 BS =21.4.1961. He filed a criminal case against the defendants in which they filed a farog (rent receipt) fraudulently obtain......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......it land may be taken to be the constructive possession of the ‑/4/‑ annas owners. 7. In the second appeal taken by the defendants, a Single Judge of the High Court Division, as already noticed, by the impugned judgment and decree, set aside those of the courts below, allowed t..Category: Property Law | Date: | Hits: 62
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....tion. 2. Leave to appeal was granted to consider the submission that the facts of the case were not critically examined by the High Court Division to a sufficient extent as is required in a criminal case where bitter enmity between the parties is admitted and the material witnesses examin......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ...... between the parties is admitted and the material witnesses examined by the prosecution are admittedly partisan in character so that the possibility of the case being false or at least doubtful is reasonably eliminated. 3. Prosecution case, briefly, is that a 16.8.82 corresponding to 30th..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Upazila Magistrate, Sadar, Mymensingh, the Officer‑in‑charge, Kotwali P.S. investigated into the matter and submitte......aid to have been executed in 1977. The report further said that the parties were close relations, that the second party men were of troublesome and violent nature and that there was likelihood of breach of the peace and of murder over the dispute between them. 3. The learned Upazila Magi..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ase is that Zahura Khatun was murdered by unknown persons and accused Shamsul Haque was beaten by them. According to the appellants the confessional statements were obtained by police torture and threat which they subsequently retracted. The accused persons were innocent and they have been false..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....ft Ext.5 dated 28.12.53. Plaintiff further case is that be continued to possess as before but defendant No. 1 dispossessed him from the suit land in Chaitra, 1360 BS and that the plaintiff brought criminal case against defendant No. 1 but he lost in it. Hence the present suit. 3. Defenda......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ...... Niamatullah and the contesting defendant No.1 is the son of Rahamatullah. On the death of plaintiff's mother in his infancy Keramatullah, who was childless, brought the plaintiff in his house and reared him up. According to the plaintiff the suit land appertained to patta No.3 and through succe..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....rocedure prescribed under the Code of Criminal Procedure, 1898 (Act V of 1898)." 23. The above provision maybe unhappy and inadequate, but that is where the legislature has stopped. If the summary criminal procedure is not good enough or is hardly relevant to the disposal of an application under ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ion on 30th May, 1985 on the ground of his union activities. The Bank confirmed his promotion, and, by an order dated 23rd September, 1985 transferred him from its Head office at Dilkusha Commercial Area, Dhaka‑2 to its Naya Paltan Branch, Dhaka. Respondent No.2 asserted that the transfer was done..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....tion of the custody in AIR 1971 (SC) 2197 the Supreme Court refused to grant a writ of habeas corpus because it was the common case of both sides that the petitioner was undergoing trial in three criminal cases. 12. It is contended that in a case of preventive detention the onus in on t......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......on. He was arrested in the early morning of 17th January, 1991 from the WAPDA Rest House, Jhenaidah, where he was spending the night before his intended journey to Mujibnagar. When he asked for the reason of his arrest the police officer vaguely hinted at some order of conviction, not known to t..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......her the substantive evidence against the four appellants, namely, the direct evidence of witnesses PWs 1 and 5, have got any probative value and whether the High Court Division was well-founded in treating the evidence of PWs 1 and 5 as "corroborative evidence" to the retracted confessi..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ...... in the above mentioned Criminal Revision. The impugned remarks are as under:— “At the time of the hearing of the Rule, Mr, Amirul Islam, Barrister-at-Law opened the case but soon thereafter he left the court unceremoniously without arguing the case for the petitioner. It has been..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ing prosecution, the Sub-Divisional Magistrate dismissed the case under section 203, Cr. P. C on 28. 4. 1969. Against the said order of the Magistrate the Sessions Judge was moved under Section-435 read with Section 436, Cr.P.C. The Additional Sessions Judge, 3rd Court Dacca who heard the revisi..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... For a fuller consideration of the powers of the Appellate Court in disposing of appeals the relevant provisions prescribed by section 423 of the Code of Criminal Procedure need be considered. They read as follows: "(1) The Appellate Court shall then send for the record of the c..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....ruction as regards Appeal No. 6-D and 7-D of 1971 and suggested that these two appeals might be dismissed for non-prosecution or for default. It is to be noted that these appeals-related to quasi criminal matters and as such are to be disposed of on merits even in the absence of the appellants, ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......d that these appeals-related to quasi criminal matters and as such are to be disposed of on merits even in the absence of the appellants, namely, Mr. M.A. Zaher and Haji Jalaluddin Ahmed. 7. As already noticed the allegation against Mr. M.A. Zaher and Haji Jalaluddin Ahmed was that they were pre..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....explanation of his presence in the house of the informant at the unearthly hours of the night. Failure to offer any reasonable explanation cannot be ignored. Presumption can fairly be drawn of his criminal intent. In the present case, circumstances are ample to lend support to the inference that...... section 380 P.C. but field them guilty under section 457 P.C. and sentenced them to different periods, because of previous conviction of the co-accused. On appeal the Additional Sessions Judge, Mymensingh upheld the order of conviction and sentence under section 457 P.C. 3. They moved th......g. Vs. Tukay Bin Tamana, I.L.R. 1 Bombay 214. 7. A detailed discussion of the authorities is not called for, because none of them directly touch upon the point in dispute before us. "A reading of the decisions, however, shows that the question whether an accused can be convicted of..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......d rule was taken up for hearing, that the petitioner's Advocate having come to learn that his case had been taken up for hearing rushed to the Court for representing his case but that when he reached the Court room he found that the learned Judges had already discharged the rule for default..Category: Procedural Law | Date: | Hits: 89
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
.... Rule was made absolute holding, inter alia, that the accused-petitioners had a bona fide claim of right to the land in question. 4. The complainant-respondent thereafter filed the aforesaid criminal appeal on special leave to consider the question whether the accused-petitioners were ent......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......y his judgment and dated 18.12. 70 dismissed accused-petitioner's appeal being Criminal Appeal No. 113 of 1969 and affirmed the order of conviction and sentence passed by the learned Magistrate. Thereafter the accused-petitioners move the High Court in its revisional jurisdiction and obtained a R..Category: Criminal Law | Date: | Hits: 66
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