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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six

....r of Bangabandhu Sheikh Mujibor Rahman and others against them. Learned counsel further argues that P.W.1 is not an eye witness of the occurrence and Lt. Col. Mohiuddin Ahmed (artillery) is not an FIR named accused, whose inclusion in the case is a product of concoction for which he is entitled ...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..

Category: Criminal Law | Date: | Hits: 291

Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)

....h Court Division passed in Criminal Miscellaneous Case No.6040 of 1999, so far the same relates to the direction given by the High Court Division to the respondent No.2, the Receiver appointed in Non FIR Case No.793 of 1997 filed under section 145 of the Code of Criminal Procedure, to hand over the ......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...

Category: Criminal Law | Date: | Hits: 62

Special Reference No.1 of 2009, 38 CLC (AD)

.... Disobedience to lawful command; 9. And whereas the following steps have so far been taken by the authority for the disposal of the offences committed by the offenders:- a. Peelkhana Mutiny. An FIR being Lalbagh P.S. Case No.65 dated 28.02.2009 was lodged with the Lalbagh Police Station, Lalba......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 289

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....ospital, police went there and held inquest on the dead body of the victim. On the fol­lowing day the police officer, S.I. Ahamedur Rahman, who held the inquest, lodged the First Information Report (FIR) at 12.10 with Laxmipur police station, thereby setting in motion Laxmipur P.S. Case No. 8 dated......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...

Category: Criminal Law | Date: | Hits: 60

State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)

....his brother and then he went to the house of Raju but he did not find Raju in his house. Thereafter, he lodged an F.I.R. narrating the said fact to the Police Station. 6. In pursuant to the FIR the police apprehended the appellant Raju and in course of interrogation, he admitted to the po......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..

Category: Criminal Law | Date: | Hits: 53

State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)

....the date of the occurrence against the condemned prisoner, Abul Kashem and the accused appellant, Anowar Hossain Pinto only. P.W. 16, Officer- in-Charge of Burichang PS, Md. Rezaul Karim recorded the FIR. He himself took up the investigation of the case and on comple­tion of investigation submitted......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..

Category: Criminal Law | Date: | Hits: 53

Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)

.... of TK.5,000.00 each in default to suffer rigorous imprisonment of 2(two) years more. 2. The prosecution case, in short, is that informant Abdus Salam on 03.05.1995 at 20.35 hours lodged an FIR with Sundargonj Police station alleging, inter alia, that on 29.05.1995 an ox of the accused Joy......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ..

Category: Criminal Law | Date: | Hits: 47

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

....d bail an had been perform­ing their normal duties in connection with their services in Bangladesh Bank an were never arrested in connection with the aforesaid two cases. Prior to the lodging of the FIR departmental pro­ceedings were initiated against the peti­tioners and they were also placed un......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158...

Category: Criminal Law | Date: | Hits: 78

Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)

....dent No. 3's house. The Magistrate 1st Class, Sadar Court No. 3 by the order dated 18th March, 1995 sent the petition of complaint to the Satkania Police Station with a direction to treat the same as FIR and to submit report. On receipt of the petition of complaint, Satkania P.S. Case No. 4 dated 14...... principle 'here the other side' the same is not sustain­able in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888...

Category: Criminal Law | Date: | Hits: 37

Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)

....R. No.146 of 1997 arising out of Pirganj P.S. Case No.15 dated 26.04.97, dismissing the appeal modifying the sentence, 2. Mansur Ali, the informant on 26.4. 1997 at about 1.35 P.M. lodged an FIR with Pirganj Police Station, Rangpur alleging that he used to love one Monowara Begum, daughter......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ..

Category: Criminal Law | Date: | Hits: 97

Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)

....o know that alleged marriage and the related papers of marriage are false and fabricated and no marriage was registered by accused No. 6 Md Manzur Hossain and he issued the fake receipt. Hence the FIR was lodged with Sutrapur PS stating the occurrence i.e. aforementioned facts. 3.  P......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..

Category: Criminal Law | Date: | Hits: 79

Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)

....pot a result of injuries caused by the accused persons. The local witness arrived on the spot and had seen the occurrence. The informant after receiving treatment went to Raipura Thana to lodge the FIR and on his oral statement Raipura Police Station Case No.19 dated 27.05.1996 under Sections 34......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..

Category: Criminal Law | Date: | Hits: 47

Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)

....e agreement for sale in reference. There is no material in the records to show the date of alleged confinement of the defendant by the plaintiff and to show the involvement of the plaintiff in the FIR lodged by the defendant and the charge-sheet submitted by the police. 12. In the facts, w...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..

Category: Property Law | Date: | Hits: 34

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

....vision the appellant State filed Criminal Petition for Leave to Appeal No.17 of 1996 only against the accused respondent. 5. Leave was granted to consider whether delayed lodgment of FIR, recording of confession after prolonged detention in police custody of the accused respondent ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..

Category: Criminal Law | Date: | Hits: 58

Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)

....ube well of Yunus and inspite of the efforts of the persons present there the vic­tim could not drink water and he suc­cumbed to his injuries. After absorbing the shock the informant lodged FIR on 28.02.1988 at about 5 P.M. The police, after investigation, submitted charge sheet against ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ..

Category: Criminal Law | Date: | Hits: 38

Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)

....mission on the statement of asset, it was repeated­ly found that the respondent No.1 got no assets which he illegally acquired and was disproportionate to his known sources of income, lodging of the FIR by the same enquiry officer, submission of charge sheet and initiation of criminal proceeding mu...... the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323...

Category: Anti-Corruption Laws | Date: | Hits: 119

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ......imony of P.W. 1 who deposed that he tried to repair the generator locally by local engineer but failed and then sent it to Dhaka for repair. The failure to examine the local engineer and different stories put forward, "negative the case of the plaintiff and exposes the behavior of the plain..

Category: Civil Law | Date: | Hits: 135

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

....ult to suf­fer rigorous imprisonment for 3 (three) months more. 2. The prosecution case, in short, is that one M.A. Khaleque, Sub-Inspector of Police, Joydebpur Police Station ledged an FIR on 2.3. 1998 stating that he along with other members of the team headed by Mr. Akhtaruzzaman, ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..

Category: Criminal Law | Date: | Hits: 70

Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

....hy;session, the gold bars were seized and the con­victs along with the incriminating materials were taken to the Bandar Police Station and thereafter regular case was started upon filing formal FIR against the petitioners. 3. On completion of investigation prosecu­tion report was ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..

Category: Criminal Law | Date: | Hits: 61

Alaluddin Vs. State, 2003, 32 CLC (AD)

....ered the victim. 12. Regarding the submission that the infor­mation dated 23.4.1998 on the basis of which unnatural Death Case No.13 of 1998 was start­ed should have been regarded as FIR, the High Court Division considered the principle as laid down in 15 BLD (AD) 54 and held that......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..

Category: Criminal Law | Date: | Hits: 36