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Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
....ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ..Category: Business or Commercial Law | Date: | Hits: 117
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......rk Registrar, Dhaka on 28-8-1992. This mark was also registered with the Controller of Patent and Design and Copyright. Plaintiff also filed an application in the suit under Order 39 rules 1 and 2 read with section 151 of the Code of Civil Procedure and prayed for an injunction against the defen..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......on report by the informant disclosing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there is no bar in filing a second FIR stating the real cause of death. Lawyers Involved: Md. Nawab Ali, Advocate-on-Re..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....2000 of a Division Bench rejecting summarily the application filed under section 561A of the Code of Criminal Procedure. 2. Facts in the background of which the aforesaid three criminal cases have been started are, in short, one Abdus Sattar, a bearer of Chandpur Circuit Hous......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......inuation of the proceeding is an abuse of the process of the Court. He further submits that petitioners cannot be tried “against charge not more than under three sections of the Penal Code whereas in the instant case the matter it is reiterated vide the three separate and distinct charge-s..Category: Criminal Law | Date: | Hits: 65
State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
....ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 99
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
.... The Foreign Exchange Regulation Act, 1947 (V of 1947), Section 3 The principal has always a right to take action against his agent for misdemeanour, especially when it is of criminal nature……………………(7) L......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ..Category: Business or Commercial Law | Date: | Hits: 83
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....aneous Case No. 6040 of 1999). Judgment Mainur Reza Chowdhury J.- This criminal petition for leave to appeal has arisen from the judgment and order dated 13-7-2000 passed......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......rate passed an order for handing over possession but when the proceeding was stayed at the time of issuance of the Rule the operation of that order was also automatically stayed and Monowara Islam reaped benefit of the stay. 4. It was also found regarding holding Nos. 59 and..Category: Criminal Law | Date: | Hits: 62
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......e scuffle Mahfuz was struck in his throat. He did not intentionally strike tile victim. Some of the neighbours coming to his hut on hearing his cries found him in dying condition and sent him to Mymensingh Medical College Hospital and he was admitted there at 9-35 PM and treated in that hospital......nd then accused Shahjahan struck him by a double edged dagger in his throat and cut the frontal aspect of the same. At that time accused Chand Miah tried to assault Mahfuz by a dagger but Mahfuz already having fallen on the ground the dagger struck on the back of accused Shahjahan. PW Saiful on ..Category: Criminal Law | Date: | Hits: 55
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... made out it was held that conviction under section 201 was 16. In the case of Shaikh Manzar Masud vs. State, PLD 1984 SC (AJ&K) 107 it was held as follows: In criminal cases, even if the accused is charged with one offence, he can be convicted for committ...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... The Code of Criminal Procedure, 1898 (V of 1898), Sections 236, 237, 238 & 337 The offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no ..Category: Criminal Law | Date: | Hits: 72
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....the Code of Criminal Procedure. As such violation of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal d......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......ed to Jatrabari. At about 9-30 PM the informant received, a telephonic message from a relation of his informing that his brother Humayun Kabir was gunned down at about 8-30 PM in the Central Road area Dhanmondi, Dhaka. On getting this information the informant went to Dhaka Medical College Hospi..Category: Criminal Law | Date: | Hits: 68
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ...... him and his father and his father was killed on the eastern side of their house. He stated that Milon Kaka (P.W.4) had also come there and he disclosed the names of the assailants to him as well. Thereafter he became senseless and he regained his senses at the Dhaka Medical College Hospital. In cro..Category: Criminal Law | Date: | Hits: 49
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
.... the detenu, the High Court Division discharged the rule issued in the matter. 3. The appellant contends that the learned Judges of the High Court Division failed to consider that since a specific criminal case had already been started against the detenu, the same offence allegedly committed by h......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ...... grounds was served on the detenu alleging, inter alia, that he was an illegal possessor of unauthorised arms; that local public are much dissatisfied with him; that he along with his associates has created panic in Dhaka city by looting and hijacking, and that the law and order of the city has been..Category: Criminal Law | Date: | Hits: 75
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....another party. More concisely it may be said to be 'the legal demand of a right' or 'the mode of pursuing a right of judgment'." "In its wider meaning the term includes both civil and criminal proceedings...........It is however generally used in more restricted or popular sense as......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......plaintiff from Green Delta Insurance Company Ltd, but the plaintiff did not disclose this fact to the appellant and therefore, there was a fraudulent suppression of material facts causing serious breach of utmost good faith. It is evident from the survey report, it was alleged, that the cause of..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......t the petitioner was a child on the date of the framing of the charge and, as such, it committed no illegality in rejecting the application of the petitioner. 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......accused in GR Case No. 186 of 1994 arising out of Shibganj PS Case No.7 dated 4.11.1994 under sections 302/201/114 of the Penal Code which is pending in the Court of a Magistrate. First Class 'Ua' area Bogra unsuccessfully moved the High Court Division for quashing of the said proceeding. The ap..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ...... of bad character". 7. Leave was granted to consider whether the High Court Division was right in holding that the suspicion of the accused appellant as to his wife's character was really unfounded and further, whether if there be any material to support the suspicion of the accu..Category: Criminal Law | Date: | Hits: 73
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ...... perused the judgments of both the Courts, but we do not find anything justifying further reduction of the sentence on the ground that the road was not completely damaged. The appellate Court has already reduced the sentence from 2 years imprisonment to 1 year imprisonment. 4. The main qu..Category: Criminal Law | Date: | Hits: 60
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
.... Shahabuddin Ahmed CJ: This appeal by leave calls in question an order of the High Court Division dated 12 June 1994 transferring a criminal case from the Court of Sessions Judge, Shariatpur to that of the Sessions Judge, Madaripur......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ...... the case, it appears that one of the accused namely, Anwar Hossain, filed an application before the Sessions Judge for bail which was not opposed by the Public Prosecutor and that this is the only reason for bringing the allegation that he had been influenced by the accused‑persons. Howeve..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....offence of double murder cannot proceed and, at any rate, a plea of alibi for accused Mukhlesur Rahman has been assured (in the supplementary charge‑sheet). 14. Although quashing of a criminal proceeding at the stage of submission of charge‑sheet is not and should not be ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......involved in the case observed: “In the second charge‑sheet as indicated above there has been effort on the part of Investigation Officer to clear off Mokhlesur Rahman by creating an alibi for him. The Investigation Officer in his alleged further report went to the ex..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....ice goes on to say, "that the intention of the Constitution is that the grounds to be furnished under Fundamental Right No.5 should be set out with the particularity and exactness of a charge of a criminal trial." 21. These are then the general guidelines to be kept in view for testing the ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......has been alleged in the writ petition that there developed a resistance among the vested interest against the detenu and they started discriminating him on the ground of religion and a sentiment was created against him because be was a member of the minority community. 4. On 20.3.93 while the det..Category: Constitutional Law | Date: | Hits: 185
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