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Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....s an accused in the case in connivance and he was not arrested by the police at any stage of the case. Yet he was masqueraded as an accomplice witness on the plea of granting him pardon unheard of in criminal trial. He further submitted that the statement of the victim girl was recorded by the Magis......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ......is faced with the difficulty of gathering evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplice witness. Moreover P.W. 2 did not make full and true disclosure of the whol..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....91 passed by the learned Magistrate and all further proceedings of the case. But we do not find that point raised before us was raised before the learned Sessions Judge. Moreover, whenever a party in criminal proceeding wants to quash a proceeding he can move this Court directly without going throug......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......agistrate, Comilla under section 147 of the Code of Criminal Procedure complaining that his right of user of a pathway is being obstructed by the second party‑petitioner and there is likelihood of breach of peace over the same. The learned Magistrate after receipt of the said application by order ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......ce Officer is cured by subsequent permission accorded on 26.5.92 and the girl's age, as given in the school certificate, is not conclusive unless it is proved, at the trial. The Sessions Judge thereafter, on 15.8.92, framed charge against the petitioners under sections 313/34 of the Penal Code. ..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
....signment to Mr. Dhirendra Lal Saha with ulterior motive for his personal gain for which the answering defendants have suspended him and the matter was reported to the Anti‑Corruption Department and criminal case has been started. The defendants further contended that the action of the said clerk i......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......o. 4 to let him know the position of the consignment of the RR and in return defendant No. 4 by letter No. M/4468 dated 19.6.68 informed that the consignment in question was not in his possession. Thereafter the plaintiff made personal enquiries but the defendant No. 4 could not give any satisfactor..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ny property entrusted with him or he has dominion over the same in his capacity as a public servant. Thus the basis of a charge under section 409 of the Penal Code is to be found in the definition of criminal breach of trust as given in section 405 of the said Code which runs as follows: "......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......d 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Special Case No.36 of 1990 convicting the aforesaid accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, Act 11 of 1947 on admission of his guilt..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
.... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
...... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......ld not be declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in the application is, that he has got his homestead spreading over in the part of two CS Plot Nos. 3730 and 3731 appertaining to JL No. 63 of Mouza Lakshm..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ion. The real culprit committing any offence under this Act must be seriously dealt with and for that purpose the provisions of this Act as well as other well settled principles for administration of criminal justice should be meticulously followed. At the same time it has to be seen that an innocen......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......lling room of the said appellant Ashok Kumar Saha and conducted a search and then on his asking accused Ashok Kumar Saha opened the drawer of his dressing table when a plastic pot of the Polar Ice‑cream was found inside which contained small weighing balance, stainless steel tea spoon, a small sci..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......hat the suit land mentioned in 'Ka' schedule to the plaint originally belonged to 3 persons namely; Abdul Majid, Matiar Rahman and Mvi. Abdur Razzaque @ Rajib Ali in equal share measuring an area of 11.51 acres of land. The petitioner purchased 0.17 acres of land from plot No. 2157 out of an..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....d Advocate then placed reliance on the Single Bench decision in the case of Karimuddin Akanda and others Vs. State reported in 11 DLR 148 wherein it is held: "After hearing the parties in a criminal trial and fixing the date for delivery of judgment, further examination of witnesses under ...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ...... Shahid, DAG, Amirul Kabir Chowdhury, DAG and AKM Shamsul Karim, AAG‑For the State. Writ Petition No. 688 of 1989. Judgment Habibur Rahman Khan J.-On an application under section 439 read with section 435 of the Code of Criminal Procedure a Rule was issued calling upon the Deputy Co..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......een in love with him for about six years. She did not want to go back to her father but preferred to go to her husband, Abdul Khaleque, who has been serving as a sepoy in the Bangladesh Army at the Mymensingh Cantonment. She has further stated that if she was not allowed to go to her husband she wou......lication was numbered as Criminal Misc. Case No.477 of 1992. 6. The alleged victim girl also filed a petition on the same date, clearing that she is an adult and 20 years old and understands the realities of life and as such she should not be kept in judicial custody and should be allowed to go..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......his cousin Helal went to the said Hartidanga hat in search of the said victim Kalam and on getting some information from one Azimuddin, they went to the house of accused Rahim and asked him of the whereabout of the victim Kalam, when accused Rahim disclosed that he had some talk with Kalam in the ha..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....f the Code of Criminal Procedure. In this decision, it has been held: "There may be cases where it may be possible for the High Court to take the view that the institution or continuance of criminal proceedings against an accused person may amount to abuse of the process of the Court or th...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......n question is reliable or not. That is the function of the trial Magistrate and ordinarily it would not be open to any party to invoke the High Court's inherent jurisdiction and contend that on a reasonable appreciation of the evidence the accusation made against the accused would not be sustain..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....ew to preventing which alone an order of detention under section 3(2) of the Special Powers Act, 1974, could be passed by the District Magistrate. It is also contended that pendency of specific criminal cases was used as ground of detention and on this ground also the detention of the detenu c...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......he detenu on various grounds. It is alleged that on 10.9.93 the detenu was at first arrested in connection with Muladi Police Station Case No. 4 dated 11.9.93 under section 19A of the Arms Act and thereafter, the order of detention was passed. It is contended that the grounds of detention served on ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....eas corpus for the custody of a minor would also be equally competent without sending the petitioner to exhaust his or her remedy before the Family Court or under the Guardians and Wards Act or other criminal Court which is neither expedient nor an equally efficacious remedy in a situation like this...... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......was not a happy one. According to the petitioner wife, there was incompatibility of temperament and it is alleged by the petitioner that the husband often misbehaved with her. The petitioner tried to reason with him and tried to build a home but in vain. Her husband, according to the petitioner, had..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....he judgment and order dated the 5th January, 1986 of Upazila Magistrate, Dharampassa passed in Misc. Case No. 45 of 1985 reversing the finding of possession of the first party and the apprehension of criminal breach of peace. 2. The petitioner as first party filed petition before the Upazila Ma......reement with the decision of this court reported in 27 DLR 260 wherein it was held that: "The principle of law evolved thereunder is well established and a Magistrate while exercising the immense power, quasi‑judicial in nature, given him by this section, must be very careful test a part......e which party was in possession of the disputed property at the time of making the initial order. If the finding of the Magistrate as to possession is based on evidence before him from which he could reasonably come to such a finding. He is the only judge as to whether the materials before him were ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......Barguna Hospital where she asked her daughter Meher Negar whether her husband had given her blows (by dao) to which Meher Negar replied 'Ha'(yes). Meher Negarr remained in the hospital under treatment fill 24.5.81, We get from the first Final Report (True) dated 24.6.81 that the Medical Offi..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
.... Writ Petition No. 4/9P that there is finding of the competent Court including the High Court Division that the Special Committee was properly constituted. He has submitted that the disposal from the criminal case against the petitioner Shamsun Nahar Awal does not exonerate her from departmental pro......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......rough Mrs. Jannat Ara Rashid, Assistant Commissioner, and Magistrate, Dhaka gave a report that the allegations against the petitioner Shamsun Nahar Awal in Writ Petition No. 1661 of 1989 was true. Thereafter a Special Managing Committee of the school was formed at the instance of the Board. This wil..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ...... unreliable. This provision of law along with provisions of Section 364 of the Code of Criminal Procedure require to be strictly observed and followed to make the confession voluntary and true in the real sense to be fit for reliance for convicting an accused on his confession……&hellip..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....er papers appended to the petition, submits that the detention order is mala fide one for a collateral purpose and in elaborating this point the learned Advocate submits that when there is a specific criminal case pending against the detention for the alleged banking activities without being permitt......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......d financial interest of the State. A criminal case No. 382‑A1/92 is instituted against him along with other Directors of BCI Ltd. and it was not possible to take proper legal step immediately for realising the huge amount of money which the detenu grabbed along with other Directors of BCI Ltd. a..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....udiced the defence. He further submits that the trial Court placed reliance on an enquiry report marked Ext. 29 in finding the guilt of these appellants, but that enquiry report has not disclosed any criminal act of intention of these appellants. The learned Advocate contends that in a case of this ......tment of the goods and its subsequently misappropriation with criminal intention. It is also well settled that in a case punishable under section 5(2) of Act 11 of 1947 the prosecution must prove the mens rea of the accused‑persons. At the very outset I like to dispose of a point raised by the lea......al Judge, Rajshahi Division, Rajshahi in Special Case No. 55 of 1983 (Bogra). The learned Divisional Special Judge found these appellants guilty of the charge under Sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced them to suffer rigorous Imprisonment for two ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
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