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....ful authority and is of no legal effect and why a declaration should not be given that there is no law in Bangladesh whereby any person, whether a major, a minor or a female who is neither an alleged criminal nor a witness in the FIR be detained in jail by any Magistrate on any authority under the g......m of thought and conscience as guaranteed under Article 31(1) of the Constitution. In fact, by such treatment she has become a prisoner of conscience. The abuse of so-called safe custody is causing immense misery to innumerable women and children resulting in hundreds of them languishing in prison, ......er
Vs.
Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent
Judgment
May 26, 1999.
Cases Referred To-
Gillick Vs. West Norfolk and Wisbech Area Health Authority and another 1985 3 All ER 402); Kazi Mskhlesur Rahman Vs. Bangladesh 26 DLR (AD..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....he main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or has been launched against him is being or has been taken wit......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......in physically present in Court before his application for bail can be entertained. The Court, if it grants anticipatory bail, must expressly make it a condition that if the petitioner commits any breach of the terms of bail, the Court concerned will be at liberty to cancel his bail and take him ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
.........................Respondent Judgment February 26, 1991. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Whether a criminal proceeding can be quashed on the ground of lodging of F.I.R. by the informant under order o...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......al Powers Act, 1974 for his detention was served on him on 12th December, 1990 and lie was taken from the Sena Bhaban to a house, House No. 10 Road No. 84 in Gulshan Model Town. On that date the Log Area Commander constituted a Board for taking possession of the Sena Bhaban. On 13th December, 1990 t..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......n Mollahat District Bagerhat, at that time accused Younus Ali and his companions Enayet Sarder and Hasan Sarder came in the house of Akbor Hossain and tried to kidnap the informant upon holding out threat of killing her husband, who is serving in the office of Deputy Inspector General of Police, Bar..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ed, then was it not necessary and/or elementary that the defendant ought to have been put on notice again? It was like enhancing the sentence of an accused in exercise of revisional jurisdiction in a criminal case. Could any tribunal do it without putting him on prior notice? This is exactly what ha......e plaintiffs. Calling in aid their personal knowledge the learned Judges held that each of the plaintiffs is entitled to get from the petitioner an amount of Taka 1,000.00 per month as maintenance commensurate with the status and means, of the defendant. It was therefore held that the lower appellat......tation given by the learned Judges is not and cannot be acceptable because it brings conflict and even on the general criterion of interpretation as they also would not deny that a document should be read as a whole, interpretation of the learned Judge should be rejected………&hell..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......r, poison was poured on the mouth of and body of the deceased and an information was sent through a local chowkider to the thana that Sahara died by taking poison. GD Entry was made on 14-7-89 and thereafter a sub-inspector of police visited the place of occurrence, held inquest, sent the dead body ..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Imtiazur Rahman Farooqui (Md.) (MI Farooqui)…...........……Petitioner
Vs.
Bureau of Anti-Corruption and Others………...........…Respondents
Judgme..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......ng in the Court of Nari‑O‑Shishu Nirjatan Bishesh Adalat, Dhaka should not be quashed. 2. Informant opposite party No.2 Ramaboti Roy lodged GD entry No.323 dated 6‑8‑97 with Kotwali PS Mymensingh alleging that she was married to the accused‑petitioner in July, 1991 and at that time do......tionship between them deteriorated and petitioner started physically torturing her demanding dowry and the informant being so tortured persuaded her brother to pay him Taka 50,000.00 and some time thereafter he again demanded dowry and started torturing her and on being sympathetic her brother paid ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......w cause as to why the accused petitioners should not be enlarged on anticipatory bail in connection with Kotwali PS Case No.3(1)98 pending in the Court of Nari‑O‑Shishu Njrjatan Bishesh Adalat, Mymensingh. 2. Rule in Criminal Miscellaneous Case No.2036 of 1998 was issued on 1‑4‑98 at th......sed petitioner doctor AKM Maqsudul Hassan in 1982 and they have two daughters. He is a medical officer of Titulia Health Centre. Due to domestic trouble his wife left his residence on 27‑9‑97. Thereafter he filed GR Case No.1931 of 1997 against his wife complainant Masuma Sultana alleging theft ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ...... dated 4-9-95 under appeal. 10. Learned Special Tribunal Judge sent Fatema Begum and Rina Begum to the judicial custody on the ground that Fatema Begum came from Dhaka and Rina Begum came from Mymensingh and he was not sure as to their retrospective addresses and, as such, if they were released......” and on search recovered two girls named Fatema Begum and Rina Begum who told him that the receptionist Forhad Hossain and hotel boy Majibar Rahman had brought them for immoral purpose. 3. Thereafter police arrested those two persons and ultimately submitted charge-sheet against them under s..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ...... the Court of Sessions Judge, Cox's Bazar, alleging that the petitioners in this Rule who were the government officers committed offences punishable under sections 323, 342, 352 of the Penal Code read with section 5(2) of the Anti‑Corruption Act. On 17‑2‑92 the learned Senior Special Judge..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464.......ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464.......nder the pressure of the other opposite parties. Later during the substance of the marriage the opposite party No.1 being the husband at the instigation and in conspiracy with other opposite parties created pressure on his daughter Kanak Lata to bring further Tk.20,000.00 from the complainant. But w..Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......k her back at the intervention of local Moulvis. He got information about the death of his sister at about 11-00 AM on the next day through P.W.4, Yeasin who told him that she died due to illness. Thereafter, he went to the house of accused accompanied by his mother and saw the dead body lying insid..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ed to the petition and marked as Annexure‑H. 3. It is submitted that the petitioner No.1 has remained in jail custody since then although she is neither an accused nor a witness in any pending criminal case. She is about 18 years old and not being an accused in any criminal case or witness, h......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......ed 30‑5‑96 although she committed no crime nor there is any allegation of any offence committed by her. She has not been charged whatsoever for any crime/offence under the Penal Code or violated/breached any law in Bangladesh. The petitioner No.1 is a British citizen from an early age and has be..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
....his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......he Special Powers Act 1974 on charge of corruption and malpractices but he was subsequently released on 16 10-74 on the recommendation of the Advisory Board. It has been stated in the petition that Bureau of Anti-corruption. Bangladesh has recommended his release on 14-5-77 in spite of that he has n..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....sumption against retrospection applies in general to legislation of a penal character, and to be presumed that a statute creating a new offence or extending an existing one, is not intended to render criminal an act which was innocent when it was committed and that a statute increasing the penalties......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ...... Laws of England, volume 38, Third Edition which runs thus: "The presumption against retrospection applies in general to legislation of a penal character, and to be presumed that a statute creating a new offence or extending an existing one, is not intended to render criminal an act which ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......nt of Class of local Saroda Sundari Girl’s High School, Fandpur. On the date of occurrence, that is on 24-1-1992, at 10-30 AM the victim was going to music school with her friend Tuli and when they reached near a chailta tree of Sovarampur Mohim School, the accused appellant Bimal Chandra Das alia..Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......idering all these papers particularly the affidavit and the medical certificate held that the alleged victim girl was major and she had voluntarily married petitioner No. 1 and therefore there was no reasonable cause to take cognizance of the offence against the petitioners. The said Adalat rejected..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....tigation the learned Chief Metropolitan Magistrate did not pass any order either allowing or rejecting the petition but called for an opinion from the public prosecutor who represents the Sate in all criminal matters of the District and the Sessions Division. The PP gave his opinion according to the......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......n initiative then it would not be in contravention of section 5(6) of the Criminal Law Amendment Act. Certified copy of that opinion of the public prosecutor has been annexed as Annexure(1). 7. Thereafter the Chief Metropolitan Magistrate by order dated 3-10-1992 after hearing the PP and consider..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......rs to us section 17(1) of the Act to contend that no Court can take cognizance of any offence unless a report is filed by the police officer holding rank of Sub-Inspector of Police. True, but a close reading of proviso to sub-section (1) of section 17 indicates that the Court has jurisdiction take c..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
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