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The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....s the order of the Sessions Judge. Since under the new dispensation of the present Government the Magistracy has been vested with wider responsibility and accountability in the administration of criminal justice, such reckless act on the part of a 1st Class Magistrate cannot be treated lightly&......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......vernment the Magistracy has been vested with wider responsibility and accountability in the administration of criminal justice, such reckless act on the part of a 1st Class Magistrate cannot be treated lightly………………..(2) Lawyers Involved: Sult..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....en falsely implicated at the instance of some members of the village Defence Party being in collusion with the informant and his relations. The defence further suggested that Jitendra was a notorious criminal being involved in dacoity and rape cases and he might have been murdered by his enemies inc......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......llusion with the relations of deceased. It may also be noted that Jitendra was not killed that is the relations of deceased were not materially important witnesses about the murder. 15. From the reading of the entire prosecution case and the evidence of the prosecution witnesses it is found tha..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....ng for those documents by a notice and by a failure of the accused to respond to that notice. Mere failure to show him the particulars and registers during the course of one surprise visit is no criminal offence. It is the failure to furnish the particulars and maintain the registers which is a......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......haka trying the case against the accused-respondent accepted the contention of the defence and acquitted the accused respondent of the charge against him. He did not discuss the merit of the case. Thereafter, the State preferred this appeal under section 417 (2) Cr.P.C. 4. Mr. Matiur Rahman, le..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
....ht be regarded technically an offence. But as it related simply to a Civil matter, and was rather in the nature of process to compel the performance of a specific act, the matter was in substance not criminal but civil. Lord Justice Lindley in O'Shea Vs. O'Shea and Parnell observed:
&qu...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......ourt means Civil contempt or Criminal contempt and civil contempt is defined as: "means willful disobedience to any judgment, decree, direction, order, writ or other process of court or willful breach of an undertaking given to the Court."
3. If our order and directions are disob..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....warded to the Secretary, Cabinet Division and Ministry of law of the Government of Bangladesh to draw the attention of all Additional District Magistrates about the manner of disposing criminal appeals in the light of the observations made in this judgment. Ed. This Cas...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......ellip;……………Opposite Parties Judgment December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......the date for the same. The petitioners moved a Criminal Revision Case before the Sessions Judge, Tangail against the said order dated 15-5-82 but the revision case was rejected as being premature. Thereafter the Subdivisional Magistrate examined several witnesses and by his order dated 10-6-82 issue..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....Magistrate, it may be that the facts and circumstances of the case deserve that there should be a further inquiry in so far as the petitioner is concerned. There is no limitation as regards criminal process and if so advised the informant may yet purse his remedy in accordance wi......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......complaint to the officer incharge, Kotwali P.S. for taking necessary action. The O/C Kotwali informed the Magistrate on 27-9-79 that on the same occurrence Kotwali. P.S. Case No.14 dated 7-9-79 had already been started and the same was under investigation. On receipt of the report the learned Magist..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
.... inherent power which cannot be deemed to be otherwise limited or affected and this Court is always empowered to make such order as may be necessary to prevent any abuse of process of any subordinate criminal Court and to secure the ends of justice. In this connection it may be mentioned t......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......e petitioner has challenged the proceeding pending before the Special Tribunal No.II of Rangpur under Special Powers Act. The petitioner was prosecuted under Section 25 of the Special Powers Act read with Section 272 of the Penal Code for alleged adulteration of wheat being mixed with bran. The..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
.... 253 Cr.P.C. Against the said Order of discharged, co-accused Ashit Baron Saha filed Criminal Motion No.158 of 1978 and the learned Additional Sessions Judge, Faridpur disposing of the said criminal motion rejected the same by his order dated 27-2-49 observing that when the evidence before......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......9-73. The Police investigated into the case and submitted charge-sheet under section 6 of Act I of 1956 against the petitioner as well as against the accused Ashit Baron Saha on 22-1-77. Thereafter G.R. Case No.716 of 1973 was tried by the Sub-Divisional Magistrate, Madaripur and 11 wit&sh..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......ays that Miss Ferdousi Begum, daughter of late Fazlul Karim @ Tota Mia/village Chakundia, P.S. Gobindoganj, District Rangpur appeared before him on 19-5-79 for determination of her age, that her menstruation started 3 years back, that her weight was 102 lbs. and that on examination of various p......ather and grandmother respectively of the victim girl P.W.2 Ferdousi Begum, live in village Keshabpur, P.S. Gobindagonj, Dist. Rangpur. P.W.2 Ferdousi Begum's father Fazlul Karim died in 1970. Thereafter in 1971 her mother was nika-married to her late father's younger brother P.W.1 Constable..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
....79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
...... the petition, affidavits and annexures made thereto. He has cited several instances in support of his contention that the contemner was determined to harass and humiliate the petitioner and for that reason he deliberately flouted the order of this Court in the earlier Writ petitions relating to the..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......Advocates wanted to show the certified copy of the Rule and the stay order passed by this Court but respondent No. 1 did not like to see the same. Petitioner's further case is that immediately thereafter at about 4 P.M. when the petitioner was still, within the premises of the court a bail petit..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ...... Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. Judgment Abdur Rahman Chowdhury J. — While ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......llock cart to purchase paddy. He had with him Tk. 1200/- . P.W. 2 Hamidul alias Khendela Md. was driving the bullock cart. The house of Matiar Rahman is by the side of the road. When P.W.1 Abdur Rouf reached near the house of deceased Matiar. Rahman, he called him (the deceased). P.W. 1 Abdur Rouf g..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....d upon the registering authority and hence the onus was on the plaintiff to prove the same. 5. There is a presumption of good faith in human transaction as there is a presumption of innocence in criminal matters. That being so the burden of proving every species of bad faith such as fraud, coll......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......ucing the document itself for inspection of the court. Secondary evidence of the same by way of producing a certified copy of the same is admissible only when the original is lost or it is beyond the reach of the person asked to produce or beyond the Jurisdiction of the court. After a notice was dul..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....y;fence as contained in his examination under section 342 Cr.P.C, and in cross-examination of P.Ws. is that he did not associate himself with the Peace Committee as Chairman for indulging in any criminal activity or for organising the Razakars. He joined the same to bring relief and succou......ttee or by participation in purported bye-elections per se an accused does not commit any offence under Article 2(b)(v) unless the prosecution establishes that the accused had the necessary mens rea, namely, "attempted to aid or aided the occupation Army in furthering its design of pe...... and Member, Special Tribunal, Kushtia in Special Tribunal Case No.27 of 1972. 2. Accused appellant Saad Ahmed was convicted by the said Special Tribunal under section 121 of the Penal Code read with Article 11(a) of P.O. No.8 of 1972 for waging war against the People's Republic o..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....atter was referred to a Full Bench, centering round the question, whether Section 270 of Government of India Act was applicable, which required sanction of the government, before a civil or criminal proceeding is taken against a person, for acts done in execution of duty as the servant of ......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......ese factors in view, all that can be said is the ground on which a decision of a Court Martial set up under the Army Act can be challenged by Habeas Corpus petition will be analogous to one we have already conceded to be available under sub-article (5) of Article 102 of the Constitution. Superv..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
....se or purported exercise of the functions of his office, but this clause shall not prejudice the right of any person to take proceedings against the Government.
(2) During his terms of office no criminal proceedings whatsoever shall be instituted or continued against a President or a Vice-Presi......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......t Division
(Special Original Jurisdiction)
Present:
Amirul Islam Chowdhury J
M. H Rahman J
Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Pe..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......igh Court Division on April 12, 1979 in Criminal Appeal No. 48 of 1979. 2. Accused -respondents were put on trial before the Sessions Judge. Bogra, to answer a charge under Section 467 read with Section 34 of the Penal Code for forging a sale-deed by ante-dating it with inte..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
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