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Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)
....hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ...... of being permitted to practice in the High Court Division as an Advocate, he was arrested on 22.02.2007 and therefore, he could not appear in the exam for enrolment in the High Court Division by the Bangladesh Bar Council. The present respondent was called to the Bar by the Hon'ble Society of Linco..Category: Criminal Law | Date: | Hits: 51
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......essed serious dissatisfaction about the conduct of the learned public prosecutor. He even wrote letters to the Secretary in charge of the Ministry of Home Affairs and the Inspector General of Police, Bangladesh pointing out the neglect and laches on the part of the prosecution in producing witnesses..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......ition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangladesh. One application has been filed by Mr Mainul Hosein, President, Bangladesh Supreme Court ..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......m the decisions given by this Court in Cases under section 491 of the Code, the questions raised can be decided in a Case under section 491. He has also referred to Article 111 of the Constitution of Bangladesh to impress upon us that the law declared by the Appellate Division of the Supreme Court i..Category: Criminal Law | Date: | Hits: 33
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ...... (Special Original Jurisdiction) Present: Md. Faziul Karim J Md. Abdul Wahhab Miah J Sirajul Islam (Md) and another …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment August 10, 2000. ..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....1(one) year under section 409 of the Penal Code read with 5(2) of the Act II of 1947. 2. The prosecution Case, in short, is that on 30-9-85 Mr. Narayan Chandra Biswas, Inspector of Anti-Corruption Bureau, Jhalakati lodged First Information Report at Jhalakati Police Station against the accused-ap......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ..Category: Criminal Law | Date: | Hits: 42
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......s such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it has been stated, inter alia, that the petitioner is a law-abiding citizen of Bangladesh and member of Balagonj Juba Dal Committee. The petitioner is a Member of Education Trust ..Category: Criminal Law | Date: | Hits: 87
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......iminal Miscellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgment July 17, 2000..Category: Criminal Law | Date: | Hits: 29
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ...... bail under section 339C (4) of the Code, and that the accused- petitioner being a highly respected personality of the country, a former State Minister of the Government of the People’s Republic of Bangladesh, there is no chance of his avoiding the trial, if enlarged on bail. 4. We have hea..Category: Criminal Law | Date: | Hits: 26
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......l power of the petitioner should not be restored with effect from .10-1999, the date of withdrawal of his such power by the order dated 11-10-1999, passed by the Establishment Division, Government of Bangladesh (Annexure-A to the petition). 2. The Case of the petitioner, in brief, is that e w..Category: Criminal Law | Date: | Hits: 29
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....e No. 13 of 2001 and passed an order writing to the Government for sanction as out of 10 accused 6 were public servants fixing 25.11.2001 for further order. On 25.11.2001 the District Anti-Corruption Bureau, Sunamganj filed an application praying for time for submitting the order of sanction and the......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ..Category: Criminal Law | Date: | Hits: 46
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... Rule 19Gha of the Emergency Powers Rules, 2007 even with a non-obstinate expression. Cases Referred to- Secretary of State Vs. Mask and Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bangladesh, 34 D.L.R. (AD) 125; Bangladesh Agricultural University Vs. Abdul Hye Bhuiyan, 1982 BLD (..Category: Criminal Law | Date: | Hits: 101
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....d to accord any sanction for prosecution against the writ respondent Nos.5 and 6 vide Annexure-D2 to the writ petition. A copy of this letter dated 22.04.2004 was also sent to the Director General, Bureau of Anti-Corruption as well as to writ-respondent No.5. From the aforesaid letter dated 22.04......orma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellant filed an application under Article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh impugning letter bearing Nos. 23, 40, 04, 01, 23, 2004-219(3) dated 22.04.2004 issued un..Category: Criminal Law | Date: | Hits: 64
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......lodged F.I.R. with Kaliganj Police Station alleging, inter alia, that while he and other members of his party were on petrol duty at Khazia Boarder out Post, found the accused persons to enter into Bangladesh territory from India at about 22.30 hours and they apprehended those accused persons and..Category: Criminal Law | Date: | Hits: 45
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......) 69; Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536; Jamna and others V. State of U.P. 1994 Supp (1) SCC 185; State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153; Jamil Huq Vs. Bangladesh, 34 DLR (SC) 125; Balbir Singh and another V. State of Punjab (1995) 1 SCC 90; Joginder ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......ing at Bangabhaban. P.W.37 stated that after the incident he at the Studio No.2 of the Radio Station, saw Shahriar, along with other co-accuseds were preparing speech of Khondker Mostaque Ahmed of Bangladesh Radio on 15th August 1975 at 7 a.m. P.W.42 stated that he found Shahriar, Mohiuddin..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......r,1975 by him/Major Gen. Khaled Mosharaf and inclusion of the Indemnity Ordinance, 1975 in the schedule of 5th Amendment of the Constitution and rehabilitating them in different foreign missions of Bangladesh by President General Ziaur Rahman and subsequently by the next President General H.M. E..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......ed brother Md. Tafazzul Islam, J in his judgment has extensively discussed the facts, relevant laws, grounds of delay in lodging the FIR including the background and the scenario which prevailed in Bangladesh after the assassination of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman, ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......in considering the delay in lodging the FIR. After the incident Khondker Mostaque Ahmed usurped the power and proclaimed Martial Law on 20th August, 1975 and assumed the office of the President of Bangladesh with retrospective effect from 15th August, 1975. Thereafter he promulgated the Indemni..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......nd beyond reproach the same can be relied upon and a conviction can be founded thereon.” 747. Therefore, I find that there is uniform views of the Supreme Courts of Bangladesh and India that if an extra judicial confession is reliable and the evidence of such con..Category: Criminal Law | Date: | Hits: 291
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