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Samar Uddin and another Vs. State, 2006, 35 CLC (AD)

....ruit and .at one stage it turned into a severe altercation between them and on hearing the hue and cry, the other accused persons including the peti­tioners came to the place of occurrence with arms in their hands and encircled his father Durud Miah and Tunu Miah and started assaulting them w......Court Appellate Division (Criminal) Present: K. M. Hasan C J Mohammad Fazlul Karim J Md. Hamidul Haque J Md.Tafazzul Islam J Samar Uddin and another...........................Petitioner Vs The State……&hellip..

Category: Criminal Law | Date: | Hits: 84

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....s with the police station and on 15.08.2002 some miscreants attacked the Ansars on duty in T & T colony and tried to snatch away the 303 rifles from them and in order to protect the Government arms and ammunitions and the Government proper­ties the Ansars opened bank fire and the miscrea......urt Appellate Division (Civil) Present: Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000..........

Category: Others | Date: | Hits: 97

A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)

....Hospital for treatment considering the seriousness of their injuries and that the police arrested the accused Nos. 3, 5, 8, 26, 27 and 28 on the spot from the place of occurrence with unauthorised arms in their possession and another case under Arms Act was started and that the present case bein......p;                 Amirul Kabir Chowdhury J.-The petitioner A. Motaleb Howlader seeks leave to appeal against the judgment and order dated 27.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscel..

Category: Criminal Law | Date: | Hits: 47

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

....known persons called him out on the pretext of hiring of his rented house. As soon as the infor­mant's brother reached near the gate of his house, the said unknown persons shot at him from fire arms and the victim fell down on the ground and the miscreants fled away. The informant learnt tha...... 2004. Judgment:                 M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 188..

Category: Criminal Law | Date: | Hits: 41

Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)

...............Respondent Judgment April 3, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 235-237, 403 & 403(2) In this case "robbery" and "unauthorised possession of fire arms" are not the offences of same nature as contemplated in these two sections. Rather, these are t......AD) (1990) 22 ..

Category: Criminal Law | Date: | Hits: 44

Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)

....5.15 P.M. some persons, not named in the F.I.R., being armed with rifles, hand-grenades and other weapons attacked Guradaspur Police Station and after overpowering the police on duty looted away some arms and ammunition from there. 2. It is stated by the appellant that in spite of several extensi......espondent Judgment: August 22, 1988. Criminal Appeal No. 2 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 497 Bail Matter The appellant not being named in the FIR and the investigation could not be completed even after taking time on several occasions by the IO a..

Category: Criminal Law | Date: | Hits: 53

Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)

.... The bitterness created in the election between the parties continued and it is alleged that on 21.5.85 at about 2 p.m. men of Bachhu Haider committed large scale rioting in Dighirpar Bazar with fire-arms etc. in which two people, Mobarak Haider and Dulal Haider, received gun shot injuries and died.......ate & Others..................................Respondents Judgment June 20, 1988. Criminal Appeal No. 3 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 561A Practice and Procedure The requirement of a simultaneous trial is that the trials must be held in quick su..

Category: Criminal Law | Date: | Hits: 48

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....ns on the basis of which the license can­celled. This submission involves examination of Section 18 of the Arms Act 1879 which deals with deals with the subject of cancellation and of license of foe-arms. The main burden of the judg­ment has been to interpret the provisions, of the said section an......ahman J ATM Afzal J Sk. Ali Ahmed.....................................................Appellant Vs. The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Ban­gladesh and others.. .................................Respondents Judgment July 29, 1987. Result: ..

Category: Criminal Law | Date: | Hits: 88

Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)

....lapse. We cannot stand as a silent spectator to this unwarranted assault on the dignity of a court of law and to blatant interference with the administration of justice at the lowest level. The arms of law are long enough to reach a contemner who acts la con­tumacious disregard of the digni......llate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rah­man J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of Court “..

Category: Criminal Law | Date: | Hits: 49

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

....was confirmed in appeal by the Inspector General of Police. Respondent No. 1 along with others was put on guard at a Bank and when some mis­creants launched an attack on them, they surrendered their arms to the miscreants without offering any resistance. Respondent No. 1 along with others were plac......iplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar,..

Category: Constitutional Law | Date: | Hits: 188

Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)

....rity concerned considered it necessary for the security of public peace to cancel his licence and that the petitioner will not suffer any irreparable loss if he does not possess any licence of fire arms. 6. The High Court Division upon hearing the parties made the Rule absolute. Hence this...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh and others................................Petitioners Vs Md. Shahjahan Gazi.............

Category: Criminal Law | Date: | Hits: 42

Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)

.... to seven thousand people was led by them to the residence of Mansur Ali, Minister for Home Affairs. On being obstructed by the police the processionists resorted to brick-batting and also the use of arms. The police thereupon opened fire in self defence. The First information Report which mentions ......963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and Govern­ment Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; ..

Category: Criminal Law | Date: | Hits: 66

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....ithin less than seven years after the war of liberation, He has referred to the oft‑quoted aphorism of Lord Atkin in Liversidge Vs. Anderson 119411 3 All ER 338, 361 "In England amidst the clash of arms the laws are not silent. They may be changed, but they speak the same language in war as in pea......ision (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: ..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

....peal, the appellant lodged an FIR with Demra PS on 31.8.92 alleging, inter alia, that on 29.8.92 the accused Azizur, Yunusuddin and others forcibly entered into his house at Jatrabari and on point of arms look away his aforesaid daughter, respondent No. 2, who was a minor of about 12 years of age. ......pellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nas..

Category: Criminal Law | Date: | Hits: 68

Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)

....mid's sons after the occurrence in the morning then there was nothing to prevent him from causing grievous hurt at least, if not death, when he had allegedly attacked them at midnight with men and arms while the boys were asleep. The fact that no evidence was brought either from the Pangu or PG ......in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Ju..

Category: Criminal Law | Date: | Hits: 51

FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

....Bengal, 1943 there ought to have been a full executive Enquiry to ascertain whether the firing was justified and whether the regulations were obeyed, when in the instant case, the police used fire arms. There is nothing on record to show that the enquiry as contemplated under Rule 157 was not he...... Ahsanuddin Choudhury, J. Kemaluddin Hossain. J.  D.C. Bhattacharya. J.  FM Rashiduzzaman……….Appellant Vs. Bahauddin Ahmed and another…….Respondents Judgment May 3, 1976. Cases referred to: ..

Category: Criminal Law | Date: | Hits: 66

Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)

....rocedure Code and whether the appellants have been prejudiced thereby. 2. Appellants Abdur Razzaque and Altaf Hossain were put on trial on the charge that they kept in their possession some arms and ammu­nitions    without   licence.   The trial was ......din Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal   Appeal No. 1 of   1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Crimi­nal Appeal No. 330 of 197 3...

Category: Criminal Law | Date: | Hits: 64

Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)

.... for enhanced sentence the provisions of article 2(4) and 7 of President's Order No. 50 of 1972 were in­voked. But as the offence for which the ap­pellants were put on trial concerned, the arms and ammunition it was mandatory to follow the procedure laid down in the Arms Act before the p...... Present: A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattachary J        Ashraf Ali Sikdar and another........................Appellant. Vs. The State........................ R..

Category: Criminal Law | Date: | Hits: 63

Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)

....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......t 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozammel Hossain vs. State, (1975) 27 DLR 36 and A.T. Mashood vs. State, (1975) 27 DLR 93 (stand over-ruled) Shaymal Chandra vs. State, Cr.M.C. ..

Category: Criminal Law | Date: | Hits: 113