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Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)

....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ...... Golam Mohammad Chowdhury, Deputy Attorney-General-For the Respondent. Criminal Appeal No.706 of 2003. Judgment SAN Mominur Rahman J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is under Ja......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ...... Vs. State……………………………………………………………………………………..Respondent Judgment March 25, 2003. Result: The appeal is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. Golam Mohammad Chowdhury..

Category: Criminal Law | Date: | Hits: 79

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......��……………Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one o......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Sher Ali Vs. State, 46 DLR (AD) 67; Ram Das Vs. State of UP AIR 1974 SC 1811; Abdul Rauf Vs. State, 53 DLR 283. Lawyers Involved: Md. Khurshid Alam Khan with Mubina Asaf and Shathika Hossain, Advocates - For t..

Category: Criminal Law | Date: | Hits: 92

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......rtionate to the gravity of generic offence, The Penal Code recognizes three degrees of culpable homicide. The first is what may be called "culpable homicide of the first degree". This is the greatest form of culpable homicide punishable under section 302 of Penal Code. The second may be termed as "c......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ...... The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innocence of alleged accused and till charges are proved beyo..

Category: Criminal Law | Date: | Hits: 98

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......inal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisance irrespect......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......��……….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Result: The Rule is discharged. The Criminal Law Amendment Act, 1958 (Act No. XL of 1958); section 6 (5) Section 6(5) of the Criminal Law Amen..

Category: Criminal Law | Date: | Hits: 130

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......ent infirmity are found in their evidence. . . When the occurrence is indirectly admitted by the accused party by filing a counter case as already noticed and counter case ended in acquittal of the informant party (accused in that case), disbelieving the counter case there is no scope for acquittal ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......ther there is independent corroboration of such evidence. But the Court cannot refuse to consider the same on the ground of relationship or enmity with one or other party…………………..(9) Lawyers Involved: Mujibur Rahman, Advocate ‑ For the Petitioner. Md. Abdur Rouf, Assistant A..

Category: Criminal Law | Date: | Hits: 75

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......ge of 'threat', but once the act of extortion is actually committed, sections 383 and 384 of the Penal Code come into play………………………………(63) The appellant threatened the informant, first with a dagger and then with a scissor, thereby putting him in fear of imminent dang......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ...... is immaterial that the said cheque could not be encashed. As soon as the appellant had come into possession of the cheque, the offence of extortion stood committed………………………(65) Lawyers Involved: Faisal H Khan and Moinuddin, Advocates - For the Appellant. Bashir Ahmed, As..

Category: Criminal Law | Date: | Hits: 62

Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)

.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......ereby caused family quarrel between 2 families, consequently at about 2.00 P.M. accused persons entered into his house with different deadly weapons and inflicted different injuries upon the son of informant named Majedul. Accused Taimur gave blow on his head and caused severe blood injuries, when h...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......State……………………Opposite party Judgment August 23, 2010. Result: The rule is made absolute. When there is a fair chance of acquittal, a person may be enlarged on bail. Lawyers Involved: S.N. Goswami, Advocate - For the petitioner. Md. Masud Hasan Chowdhury, Assi..

Category: Criminal Law | Date: | Hits: 87

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......le if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no objection to the proceedings at all and in a proper case an application for revival also may amount to a fresh complaint. A naraji petition is a fresh complaint and a Magis......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ...... the learned Magistrate to issue process…………………………..(4) Cases Referred to- Md. Sharif and others Vs. Md. Baharuddin Chowdhury and the State, 30 DLR 344; 29 DLR (SC) 256. Lawyers Involved: Not Represented - Petitioner. ..

Category: Criminal Law | Date: | Hits: 138

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......ater is the standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslaught perpetrated upon any victim. Innocent persons, in......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......��..(37) A Judge does not preside over a criminal trial merely to see that no innocent person is punished. A Judge, also, presides to see that a guilty man does not escape. Both are public duties. Law, therefore, cannot afford any favor other than truth and only truth………………………�..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......tue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition or meaning of the words 'any goods' in the law itself the 'Indian currency' or any other 'foreign currency' will not come with the meaning of the words 'any goods' as contemplated in sub-sec......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......ting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is bound to proceed on the assumption that the legislature is an ideal person that does not ma..

Category: Criminal Law | Date: | Hits: 84

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a specific case against the detenue and the same is the subject mat...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......……………….(7) Cases Referred to- 20 DLR (1968) 1005; 28 DLR (1976) 117; Mrs. Tahera Islam Vs. the Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (1988) 193. Lawyers Involved: Abu Sayeed Ahmed, Advocate—For the Petitioner. A.K.M. Shamsul Kari..

Category: Criminal Law | Date: | Hits: 66

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ...... dismissed. The Criminal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any pre‑plan……………..(36) The app......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ...... 144 of the Penal Code, 1860……………………….(37) Cases Referred to- Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Md. Chand Mia @ Chand Mia & others Vs. State, 1999 BLD (AD) 155. Lawyers Involved: Md. Golam Kibria, Deputy Attorney-General with, Md. Helaluddin Mollah, Deputy A..

Category: Criminal Law | Date: | Hits: 110

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......pondent Judgment December 14, 2009. Result: The criminal revision is disposed of with modification of sentence. The Penal Code, 1860 (Act No. XLV of 1860); sections 320, 324, 326 before conviction for the offence of grievous hurt can be passed, one of the injuries defined in secti...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... Cases Referred to- Mauns Po Yi Vs. Ma E Tin and another, 24 AIR 1937 Rangoon 253; Mutukdhari Singh and others Vs. Emperor, AIR (29) 1942 Patna 376; Abdul Jalil Vs. The State, 4 MLR (AD) 262. Lawyers Involved: Shihab Uddin Mahmood, Advocate - For the Petitioner. Md. Soyeb Khan, Assista..

Category: Criminal Law | Date: | Hits: 91

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... The rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall abso......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... through a civil Court. For framing a charge under section 420 PC, it requires dishonest inducement by a person in order to deceive in delivering any property to a person.…………………(14) Lawyers Involved: MA Aziz Khan, Advocate - For Accused Petitioners. Bashir Ahmed, Assistant At..

Category: Criminal Law | Date: | Hits: 102

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......ere it is contradicted by occular evidence it may not be accepted…………………17 Scanning the evidence of witnesses by Court When scanning the evidence of witnesses the Court has to inform itself that variances, discrepancies and contradiction and embellishment in essential parts......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ...... Reform of the individual in the society and other necessities to prevent recurrence are right factor. Heinousness of the crime is a relevant factor in the choice of sentence………………26 Lawyers Involved: Abdul Mottaleb, Advocate - For the Appellant. Golam Mohiuddin, Advoc..

Category: Criminal Law | Date: | Hits: 118

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ...... evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not ava......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......adesh, 31 DLR (AD) 1; Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury, 29 DLR (SC) 41; Haradhan Saha Vs. State of WB, AIR 1974 SC 2154; Aminul Islam Vs. Bangladesh, 44 DLR 1. Lawyers Involved: None appears-For the Petitioner (In Criminal Miscellaneous Case No.1246 of 2003..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the Druto Bichar Tribunal Ain, 2002, a case which relates to the offences as mentioned in the section and pending for trial in the Courts as mentioned in the section may be transferred by the Government to a Tribun......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......trial causing prejudice to an accused…………………………(27) Cases Referred to- State of West Bengal Vs. Anwar Ali and others, AIR 1952 SC 75; Waris Mea Vs. State, 9 DLR (SC) 117. Lawyers Involved: M Amir‑ul Islam with Ms. Tania Amir, Dr. Shirin S Chaudhury and Shamsul Hasan..

Category: Criminal Law | Date: | Hits: 177

Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)

....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......bank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery…………………………(11) The banks have the defence of estop......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......in any event, may tarnish his image, and hence, the bank's liability may extend to one under the tortious law of defamation, subjecting it to pay substantial damages………………………(28) Lawyers Involved: Abdur Razzaq with Shafiul Alam Mahmood, Advocates-For the Appellants. Syed A..

Category: Criminal Law | Date: | Hits: 130

Nadira Alam Vs. State, 2010, 39 CLC (HCD)

.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......anding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice. As per section 177 and 183 of the Code of Criminal Procedure if the aforesaid six different acts were done in six different localities, any of the Courts exercising juri...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......id offence was done. ……………………(27) Cases Referred to- Osman Goni Vs. State, 15 BLD 501; Abdul Alim Vs. Biswajit Dey, 59 DLR 236; Ali Akkas Vs. Enayet Hossain, 27 BLD(AD) 44. Lawyers Involved: Md. Abdul Jalil, Advocate - For the Petitioner. Sakila Rowshan, Deputy..

Category: Criminal Law | Date: | Hits: 134

Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......l, the continuation of this illegal detention by the order of extension passed by the Government must also be deemed to be illegal…………..(9) The initial order of detention of the detenu for a period of 30 days and the order was approved by the Government by an order passed by the Assis......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......der of extension. Therefore, after the expiry of the initial order of detention on 1.3.89, the further detention being without a lawful order has also been illegal………………………(10) Lawyers Involved: S.S. Halder, Advocate —For the Petitioner. Md. Delwar Hossain, Assistant ..

Category: Criminal Law | Date: | Hits: 74

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