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Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
.... to enlarge on bail has to be exercised in a judicial manner with due regard to the circumstances of each case, without any tendency of unnecessarily affecting the liberty of the persons accused of criminal offences. 10. Section 497 of the Code of Criminal Procedure provides in a positiv......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......ara Begum wife of Abul Hasanat Abdullah lodged an first information report alleging, inter alia, that on 14‑8‑1975 at about 4‑30 to 5‑00 AM her house was raided by some miscreants and the inmates of the house took shelter in the room of late Abdur Rob Sarniabat closing th..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... Court committed illegality in decreeing the suit of the plaintiff although he could not prove his claim. It is observed that in a civil litigation the onus of proof does not remain fixed as it is in criminal proceeding. Onus of proof in a civil litigation generally lies upon the plaintiff but somet......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... and his wife defendant No. 11 successfully influenced Roy Mohan to go to Burma in the year 1946, Hari Mohan had been earning lot of money by doing business and service in Burma and contributed to increase the joint family fund to acquire the second category property; Roy Mohan once came back from B..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....ivision upon noticing the facts of the case reported in 1996 BLD (AD) 106 and also placing reliance upon the ratio of the said case with the finding "that there was nothing wrong in initiating a criminal proceeding by Gulzar Rahman having a special power authorising him by Anwarul Islam to do e......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......aling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Islam presented the said cheques for encashment at different times spreading over a period of 6 months, but every time the said cheques were dishonoured since there was ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....urul Islam, Advocate—For the Accused Appellant. Md. Robiul Karim, Assistant Attorney-General-For the Respondent State. Criminal Appeal No. 2487 of 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashi......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......owed his wife Rashida to accompany the accused to the office of the Deputy Commissioner, Rajbari to collect charitable relief of taka 1800 since his homestead was burnt in a fire. On 19-11-1996 after reaching Rajbari the appellant told the victim in the evening that the money will be paid the follow..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....Code provides for attachment of property belonging to the proclaimed person. These two sections provide for detailed provisions regarding Proclamation and attachment in respect of trial before the criminal courts. Section 339B of the Code provides for trial in absentia before the criminal courts......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......ed No.1 Sirajul Islam on 6‑1‑1995 and a kabinnama was executed. She lived there with him as husband and wife. She was recovered by the police from the said house at Comilla on 20‑1-1995. Thereafter she was produced before Medical Officer of Chittagong Medical College Hospital for examinat..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....ul Malek, Advocate- For the Appellants. None appears- For the State. Criminal Appeal No. 281 of 1986 And Re-Criminal Appeal No. 46 of 1988 Judgment Md. Abdul Aziz J.- This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 pass......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......er section 304 of the Penal Code after investigation of the case. 4. Trial Court framed charge under sections 304/34 of the Penal Code against the appellants and the same was read over to them to which they pleaded not guilty and claimed to be tried. 5. Prosecution exam..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....rney-General and ABM Walilur Rahman Khan, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No.5045 of 2002 Judgment Md. Abdul Wahhab Miah J.- In this criminal miscellaneous case under section 491 of the Code of Criminal Procedure the detent......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......in passing its opinion. The grounds of detention having been received by the Secretary of the Advisory Board within one hundred and twenty days from the date of the order of detention the same to be treated as placement before the Advisory Board itself within the prescribed time within the meaning o..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......ed to the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai. He demanded dowry from her. She could not pay the said dowry as a result she was beaten by the accused appellant. Thereafter the informant, P.W.1 instituted CR Case No.687 of 1998 under section 4 of the Dowry Act and ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......ila Magistrate, Zakiganj, Sylhet on October 10,1988 in GR Case No. 53 of 1986. Prosecution case was that convict‑appellants and seven(7) others in collusion with each other created two registered Muktipatras in respect of certain vested property which was leased out to di..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473........ 2. The prosecution case, in short, is that about one year before the alleged occurrence the accused Harish and Harun wanted to make illicit relation with Hazera Begum by offering her biscuit, bread and banana when she went to see paddy of the land nearby her house and she disclosed the fact t..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ed Masuda Khanam (Hasi) and arrested respondent No. 4‑Md Enamul Hoque on 9‑7‑2000 and her statement was recorded wherein she expressed her intention not to go with her father. Thereafter the victim was sent to judicial custody. The appellant then made a prayer for custody of hi..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....12-2000 and filed an affidavit-in-opposition. 6. After playing the cassette in the chamber it appears that HM Ershad had a conversation with one of the judges of this Court over the outcome of a criminal appeal which was heard by a Division Bench in which the learned judge sat. After hearing th......ub-continent and, as such, we have in our legal system borrowed the concept of Contempt of Court from the English Jurisdiction, that is, common law of England. The concept of contempt has different dimensions in different countries and at different times. Therefore, we would like to state how this c...... filed an application enclosing a copy thereof, to the Registrar of this Court to bring the same to the notice of the learned Chief Justice. It was duly placed before the learned Chief Justice who thereafter referred the matter to us for consideration. After hearing the learned Attorney-General and ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......hter Fazila, younger brother Kazal, sister Rahela Khatun and on hearing alarm witnesses Subash, Kubbat Ali went to the place of occurrence. Victim Rebeka Khatun was admitted into Razoir Hospital for treatment. Fazal Khan, father of Fazila Khatun, being informant lodged first information report on 12..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....rce rather she willingly resided in the family of her husband Md. Alam for a long time. Thereafter when she came to the house of her father, she was kept under confinement and thereafter, the present criminal case was filed. It is stated by her that subsequently she again voluntarily went to the hou...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... when the male member of the victim’s house were absent, the accused Parul Begum came to the house of the victim and called her outside the house in presence of her mother and sister Runa Laila. Thereafter at 9-00 PM the informant, brother of the victim, returned home from his working place and st..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
....sed on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no bar to initiate a criminal case if a civil suit is pending on the same fact. ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......politan Magistrate after examining the complainant issued a warrant of arrest against the accused‑petitioner under sections 466/420 of the Penal Code by his order dated 2‑5‑1995. Thereafter, the accused-petitioner voluntarily surrendered before the Chief Metropolitan Magistrat..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....at if a Writ Petition like the present one is entertained, this Court will be flooded with such applications and the Court may not find time to perform the normal function of deciding other civil and criminal matters. We regret that we cannot agree with this view. Each of such petitions will be cons......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......(Nos.1 and 3) are professors of Dhaka University and the petitioner No.2 is President of Bangladesh Federal Union of Journalists. The petitioners claim that the matter raised in the petition involve breaches of constitutional obligations and statutory duties by and on behalf of the respondent Nos. 1..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... section 138 of the Negotiable Instruments Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil suit. Since there is a prima facie ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
....in default of payment. The complainant refused to pay the said money and thereafter, accused appellant divorced the complainant after consultation with his father. Thereafter, the complainant filed criminal case No. 1821 of 1998 before the Chief Metropolitan Magistrate Court, Dhaka. The complainan...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......rtured the complainant. She paid the said sum of Taka 20,000 but the accused appellant took away the bullock of the father of the complainant. Lastly, the accused appellant demanded Taka 50,000 and threatened to divorce her in default of payment. The complainant refused to pay the said money and the..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......ughtered him by a scythe. On the hue and cry of the victim, neighbouring people witnesses rushed to the scene when the accused ran away. Injured Asaruddin was hurriedly taken to the hospital for his treatment but the victims succumbed to his injuries on way to the hospital. It has been alleged that ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....refore, rejected. 33. In a case of murder, like the case in hand, the accused must be shown to have killed the ceased with malice aforethought. This malice aforethought is, in fact, known in the criminal prudence as mens rea i.e. the criminal mind. The prosecution in a murder case is required t......e No. 12 of 1997 under section 374 of the Code of Criminal Procedure together with the Jail Appeal No. 1723 of 1997 arising out of death sentence passed by the Additional Sessions Judge, 3rd Court, Mymensingh to the condemned prisoner, Abdus Samad alias Samad Ali, are heard and disposed of by this j......-1992 the condemned prisoner Abdus Samad came back to his house at village Maijhati from the house of his father-in-law with his wife, children and the wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
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