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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... so made, in our view, is not well merited since a Public Prosecutor is appointed by the Government under section 492 of the Code of Criminal Procedure as part of its duty to the administration of criminal justice, as such, it is the domain of a the State to make decision as to appointment of pa...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......stribution Company Limited. It may be mentioned information which was lodged by SM Jillur Rahman on 9‑7‑1992 over the incident stated above a GD Entry was recorded since prior to that already an information was lodged with Tejgaon Police Station and a case was registered in respect of..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ...... This Case is also Reported in: 57 DLR (2005) 244. ......ppears that the petitioner is not first information report named accused and the case is still under investigation. It is stated that accused petitioner having his social political connection in his area police is trying to arrest him only to harass and humiliate him and that case-petitioners has no..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
.... accused‑respondents in the respective appeal moved the High Court Division seeking quashing of the proceedings of the Special Cases. 5. The High Court Division heard the revision cases and the criminal miscellaneous case together and by a common judgment made the Rules absolute and quashed an......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......t of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant Inspector of the Bureau Reading the provisions of section 5A of the Prevention of Corruption Act, 1947, section 3 (..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ...... so the accused person assaulted him; that while the investigation was going on the Informant filed an application on 8-11-2003 before the Magistrate, First Class (Cognizance Zone "Ga") to treat the case as one under Druta Bichar Ain, 2002 and that the said Magistrate by an order of the sa..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....as the author of the causing injury over victim Khaled. Though Mr. Abdul Malek has taken exception to the word "author" pointing at the 'condemned prisoner' as a term unknown in the criminal jurisdiction but the evidence on record overwhelmingly go to show that the condemned priso......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing on the evidence already on record when a different opinion could be arrived at on fresh evaluation of the evidence&he..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......or disapproval of the resolution within three days but the same was not taken within the specified time as required by Rule 12. It was also the contention of the petitioner that lie was deprived of reasonable notice before taking the impugned action against him. 3. The High Court Div..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....l No. 26 of 2003. (From the judgment and order dated 5th November, 2002 passed by the High Court Division in Miscellaneous Case No. 1783 of 1997). Judgment Syed JR Mudassir Hussain CJ.- This criminal petition for leave to appeal has been directed against the judgment and order dated 5th Nov...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......ctim the neighbouring people chased the convict‑petitioner who was apprehended; that the vanity bag was recovered from the petitioner. 3. It was also alleged that the convict-petitioner also threatened his wife with a razor when she raised alarm. Subsequently when the patrol police party came..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....he PW 1 Ayub Ali Mollah has stated in unequivocal terms in his evidence that he provided the accused husband with a sum of Taka 14,000 only by way of dowry at the time of marriage and this proves the criminal mindset of the accused husband in demanding dowry from his wife at the subsequent stage". P......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......dvocate ‑ For the State ‑ Defence Lawyer. Death Reference No. 47 of 2001 with Jail Appeal No. 3881 of 2001. Judgment SK Sinha J. - This reference under section 374 CrPC read with section 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
.... Judgment AK Badrul Huq J.- Paradigm of taking life of wife by husband, whether for dowry or for any other cause is not rare but archetype of doing to death by wife of husband is sporadic. This criminal proceeding by way of Death Reference is a phenomenal case of murder of husband by wife. Hus......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......tan had been brought off by Dr. M Shamsul Hassan (P.W.9) who found one incised wound on the anterior aspect of the base of the neck 3" x 0.25" x bone deep resulting cutting of the trachea, great vessels (Ext carotid), nerves and other soft structures and cutting of the body of the 7th cerv..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....ul was apprehended just immediately after the occurrence and that he was insane at or about the time of occurrence, which was admitted by the prosecution witnesses. It is the established principle of criminal jurisprudence that the defence is not required to examine any witness in support of its cas......further state that she also recorded the statement of Sakina under section 164 CrPC Exhibit 1, and her signature Exhibit 1(2‑3). In cross, she stated that there was a note that Nazrul was sent to Mymensingh for treatment on 19-4‑98. She denied the defence suggestion that Nazrul was mad and that ......head of Shalema, at which, Shalema fell down on sustaining bleeding injuries on her head. Nasima, Halima (P.W.5) and Parul (not examined) removed the victim Shalema to Kishoregonj Sadar Hospital for treatment where the doctor declared her dead. On next morning, the informant heard about the she alon..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ......rom his Tahsil Office. On verification of the case book and pass book of the Tahasil Office it was also detected that the respondent Tahsildar had deposited in total Taka 32,483/58 upto 8‑3‑90 whereas he had collected Taka 53,621.39 since 16 7‑89 to 28‑3‑90 and thus the respondent Tahsil..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......riminal Appeal No. 242 of 2002 and Jail Appeal No. 63 of 2002. Judgment SK Sinha J. - This reference under section 25(sic) (section 29) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 read with section 374 Cr.P.C. has been made by the Judge (District & Sessions Judge) of Nari‑o..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......Appeal No. 2084 of 1998). The High Court Division by the aforesaid Judgment accepted the reference upon dismissing the appeals. The reference was made by the 1st Court of Additional Sessions Judge, Mymensingh upon convicting the condemned prisoner under section 302 of the Penal Code and sentencing h......ted the other accused. 2. Prosecution case, in short, was that on September 16, 1995 in the morning the condemned prisoner with his tractor tried to cross PW 1’s (informant) land which was made ready for transplanting of paddy saplings and transplanting of paddy saplings was going on, he was s..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....been committed under sections 315/316 of the Penal Code and, as such, the same should be quashed as continuation of the proceeding would cause unnecessary harassment to them. He also submits that the criminal negligence, if any, can at best vest upon the accused petitioner No.2 Dr. Ruhi and not upon......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......posite party No.2, as informant lodged a first information report alleging, inter alia, that she is a lecturer of History of Eden Girls College Dhaka. That after she conceived she had been under the treatment of the accused petitioner No.1 Dr. Hafizur Rahman, the owner of Mother and Child Care Centr..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....f the Company being responsible for commission of an offence under section 17 of the said Ordinance by any Company and the accused‑ respondent being a director of accused No. 1 Company, the instant criminal case against the accused‑ respondent is maintainable and the High Court Division committe......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......s of the accused and the prosecution to come to a considered finding that there is no sufficient ground for proceeding against the accused and while discharging the accused the Court shall record the reasoning for the same but in the instant case, learned Additional Sessions Judge having found on co..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......of an order of acquittal and the special limitation under section 417(3) of the Cr. P. C. "left no scope for application of section 5 of the Limitation Act inasmuch as there being no cogent reason explaining the delay, there is no scope in law to condone the delay to secure ends of justice..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......8 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries. Sur..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....quire to come to a conclusion and likewise the degree of doubt which would prevent him from coming to it depends on the conclusion to which he is required to come. It would depend on whether it was a criminal case or a civil case, what the charge was, and what the consequences might be, and if he wa......s". 31. Doubt, thus, must be of a reasonable man reasonable doubt is that degree of doubt which would permit a reasonable and a just man to come to a conclusion. Reasonableness of doubt must commensurate with the nature of the offence. Proof bey ond reasonable doubt shall not mean proof beyond......Begum who called on in the house of one of her relations. 3. Following commission of crime initially, an unnatural death Case No. 56 of 1999 had been registered with Kalia Police Station and, thereafter, a regular Police Station Case had been registered. Md. Awal Fakir had been depicted as perp..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....agistrate under section 145 CrPC. Action can, of course, be taken always under sections 107 and 151 of the Criminal Procedure Code to prevent breach of peace in case of this nature, but no order by a criminal court for attachment of the property drawn by the learned Magistrate under section 145 CrPC......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......lia Police Station forwarded a copy of GD Entry No.1607 dated 29‑1‑2003 to the Chief Metropolitan Magistrate, Rajshahi apprising him that over the ownership of an under construction market on an area of .1650 Shahasrangsa of land forming a portion of 0.23 acre of land appertaining to plot No.386..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......bout the occurrence. Parul told him that accused Foran Ali and Babul called her after the dusk when she was returning home and accused Foran raped her and Babul helped accused Foran. The informant thereafter lodged ejahar and also took his daughter to Senbagh Health Complex for treatment. The police..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
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