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Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition of complaint before the criminal court. The order of filing a petition of complaint by the complainant is liable to be quas...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......r Rahman J.- This appeal by the accused- appellants is against the judgment and order dated 30-3-95 passed by a Division Bench of the High Court Division discharging the Rule not on merit but by treating the same as premature in Criminal Revision No. 1907 of 1992. 2. Respondent No. 2 a..Category: Criminal Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....legally interfered with the decision of the lower appellate Court and decreed the suit. He contended that a certified copy of a firisti showing filing of documents, here in this instant case, copy of criminal proceeding under section 107 Cr.P.C. and letters written by the defendants to plaintiff No.......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......respondents instituted Other Suit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and for recovery of arrear rent of Taka 900.00. The case of the respondents is that the defendant appellants were tenants ..Category: Tenancy Law | Date: | Hits: 62
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......ree years and to pay a fine of Taka 60,000.00 in default, to suffer rigorous imprisonment for three months more. 2. The prosecution case in short is that the District Inspector of School, Mymensingh used to operate CD Account No. 1897 with Sonali Bank at its Main Branch, Mymensingh. It w......sed as trial of the case could not be completed within the stipulated period of limitation fixed for conclusion of trial. Furthermore prosecution could not prove the case against the accused beyond reasonable doubt………………………(4 & 5)..Category: Criminal Law | Date: | Hits: 59
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......tioner in pending Special Tribunal Case No. 290 of 1996 before the Court of 4th Additional Sessions Judge and Special Tribunal No. 2 (In charge), Brahmanbaria under section 19A (f) of the Arms Act read with section 25B of Special Powers Act. The aggrieved accused-petitioner is now seeking leave ..Category: Criminal Law | Date: | Hits: 66
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..Category: Criminal Law | Date: | Hits: 54
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......mons must be issued for securing the attendance of the accused on the day appointed for hearing of the case. Apart from this, it appears that the accused-petitioners obtained bail on 23-4-94 and thereafter 31-5-94 was the first day fixed for securing the attendance of the accused persons in execu..Category: Criminal Law | Date: | Hits: 61
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....totally unacceptable, unsatisfactory, disjointed, inherently incoherent, contradictory and confused judgment both in law and facts manifesting an alarming unmindful ness of the basic principles of criminal jurisprudence and what is worse there is a total absence of any systematic consideration o......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......e PW 5 Molfu Miah, PW 12 Abdul Huq Bhuiyan, Wali Newaz Bhuiyan and Giasuddin came and heard about the occurrence. PW 3 Alauddin, PW 4 Somraj and PW 10 Malek were sent to Kishoreganj Hospital for treatment through PW 6 Khurshid. At the time of Zohr prayer a daroga (PW 18) came and PW 1 lodged t..Category: Criminal Law | Date: | Hits: 80
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hem severely and then snatched away their camera, gun, helmets and other belongings. 2. Both the victim Belal Hossain and the informant as petitioners filed an application under section 526 read with section 561A Cr.P.C before the High Court Division praying for transfer of the case from..Category: Criminal Law | Date: | Hits: 63
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
.... to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can award compensation. An order of the Marine Court to pay compensation shal......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ...... Marine Court Case instituted under the Inland Shipping Ordinance, 1976 a Magistrate, 1st Class, Dhaka by Judgment and order dated 4-7-88 found that the prosecution failed to prove the case beyond reasonable doubt against the defendant-appellant and its second master for the accident in question..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......is is how the appellants are before us once again in this appeal. While granting leave to appeal, we permitted the appellants to continue on bail till disposal of this appeal. 3. We have already given the reasons for enlarging the appellants on bail pending disposal of the Government app..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....p; Latifur Rahman J.- Criminal Petition Nos. 103 and 108 of 1997 are disposed of by a common judgment as the learned Single Judge of the High Court Division disposed of two criminal appeals, namely, Criminal Appeal Nos. 285 and 301 of 1992 on 9-6-97 by a common judgment ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......s. 285 and 301 of 1992 on 9-6-97 by a common judgment upholding the conviction of the petitioners Mawlana Abdul Hye, Hatem Ali Howlader and Abdul Wahed Khan under sections 467/471 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing each of them to suffer rigorous imprisonme..Category: Criminal Law | Date: | Hits: 67
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......tioner. Now this petition for leave to appeal from the said order. 2. The petitioner, inter alia, alleged in its writ petition that the respondent filed certificate case No.127 of 1990 for realisation of the principal amount claiming Tab 2,619 million with local currency of Taka 0,500 mi..Category: Business or Commercial Law | Date: | Hits: 106
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......construction site of the informant, surrounded him and his men and assaulted the informant and his men as a result of which one Rafiqul Islam and many others were seriously injured. When the news spread that 2/3, persons had died due to the assault neighbouring people assembled whereupon the acc..Category: Criminal Law | Date: | Hits: 66
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... years it was decided to appoint respondent No 5 as the new Managing Director of the company. The petitioners made quite a few GD Entries at the Lalbagh Police Station against respondent No.2 and a criminal case filed by the new Managing Director against respondent No. 2 is still pending. The pe...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... stating that in future the company would allot 22.000 shares to three persons including himself. Respondent No.2 made the false vendor’s agreement for his personal benefit. He continued to treat the private limited company as his own absolute property and ignored the interest of the petit..Category: Business or Commercial Law | Date: | Hits: 100
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....eyond reasonable doubt that Gouri Rani Das was raped by the accused- appellants on 8-2-92 in the office room of the Drivers’ Association. It was, however, found that the accused persons used criminal force in wrongfully, confining Gouri Rani Das in the office of the Drivers’ Associat......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......l and altering the conviction and sentence to one year rigorous imprisonment under sections 342/34 of the Penal Code and acquitting the appellants of the charge under section 376 of the Penal Code read with section 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. 2. T..Category: Criminal Law | Date: | Hits: 76
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ...... On hearing the news she started for her son-in-law’s house but on the way she heard that her daughter was being carried on a cot with burn injuries to Barisal Medical College Hospital for treatment. Her son-in- law Mafizuddin and other relations accompanied the deceased who was admitted..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......conspiracy against him as they became inimical towards him for his official acts done in the due discharge of duty and further that they were tarnishing the image of the administration for personal reasons. In making his observations, he imputed improper motives to the Judicial Officers and made ..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... order of maintaining status quo, passed on 23-11-96, has been in force. Accordingly, it was contended that the possession of the disputed plot having already been regulated by the civil Court the criminal proceedings under section 145 should he dropped. 3. It appears that the concerned...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......ddin Ahmed as the 2nd party filed written statement opposing initiation of those proceedings under section 145 Cr.P.C. stating, inter alia, that the aforesaid petitioner Abul Bashar Chowdhury has already filed Title Suit No. 216 of 1994 in the 3rd Court of Subordinate Judge, Dhaka for partitioni..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ontext of the case has undergone a considerable change. The detenu is no longer in detention by any order under the Special Powers Act. He has, however, suffered conviction and sentence in several criminal cases. Some convictions have been appealed against, some cases are still pending and prese......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......t of public safety and public order. It has to satisfy the High Court Division which is an obligation cast upon that court by the Constitution that there were materials on record as would satisfy a reasonable person to justify the order of detention………………..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......43(a) The Code of Criminal Procedure, 1898 (V of 1898), Section 96 Search conducted with a duly issued search warrant by a competent Court under section 96 Cr. P. C. is a reasonable restriction on the rights enumerated in Article 43(a) of the Constitution…&hellip..Category: Constitutional Law | Date: | Hits: 170
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