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Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)

....e activity; that he has been wrongly arrested and falsely implicated in Gulshan PS Case No. 31(8) 1993 under section 19(a) and (f) of the Arms Act, though he did not commit the alleged offence and no arms were recovered from his possession and that the case is still pending in the Court for trial. I...... M Bazlur Rahman Talukder J Samirannesa………………………………Petitioner Vs. Government of Bangla­desh and Others………………Respondent Judgment March 10, 19..

Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3

Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)

....12 dated 20.7.89 under sections 307/302 of the Penal Code they learnt that some unauthorised weapons were kept with the petitioner Mir Mohammad Ali and on search a licensed pistol and some unlicensed arms were recovered from the house of the accused petitioner when he and his wife were away. So far ......p;…………Opposite Party Judgment      May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj @ Sirajul Islam, 32 DLR (AD) 1;..

Category: Criminal Law | Date: 11 May, 1993 | Hits: 1

Jahanara Begum Vs. State, 1993, 21 CLC (HCD)

....endering of the above ten grounds shows that in ground No. I it has been stated that the detenu happened to be a leader of a so‑called party named Sharbahara Party and that he always carried fire‑arms, indulged in murder, dacoity, kidnapping, rioting, hijacking, terrorism and realisation of subs......enu. The order of detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security), Ministry of Home Affairs, Government of Bangladesh and by this order the period of detention was extended for a further period of 3 months. 3. Thi..

Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....f) Arms Act read with section 26, the Special Tribunal Act, 16.2.91 was fixed for framing charge. 5. The former President, amongst other grounds, claims exemption from having licence for keeping arms and his further plea was general amnesty during which period the arms were surrendered to and s......tate………………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR ..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....nstance the police arrested the detenu under section 54 Cr.P.C, on 22nd October, 1984 and thereafter submitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenu interrogation was necessary and accordingly mad......irs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DLR (SC) 249;..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... collapse. We cannot stand as a silent spectator to this unwarranted assault on the dignity of a Court of Law and to a blatant interference with the administration of justice at the lowest level. The arms of law are long enough to reach a contemner who acts in contumacious disregard of the dignity o...... The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Rahman— For the State. Azizul Hoque and S.M. Amin Azhar— For the Pe..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)

....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38.       ......Nazirul Islam— For the Opposite Party. Criminal Revision No. 30 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending bef..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2

Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)

....r, concedes that an offence under section 302/109 or 302/149 of the Penal Code simpliciter was never triable under the Special Powers Act, 1974 unless such offence was committed being armed with fire arms or explosive substance and admittedly in the present case there is no allegation that the accus..................(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directing retrial--This is an abuse of the process of the court and must be set aside--Code of c..

Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

....used persons then took them to the house of accused Tofel Ahmed. Thereafter, accused opposite-party No. 1 togeth­er ether With some police constables and accused Giasuddin and Abdur Rab went with arms to the fishery at 2 P. M. on the following day. They took away the nets, ropes and rice from Kh......rojul Huq with Zakir Ahmed, Advocates-For the opposite parties Criminal Revision No. 139 & 140 of 1980 Judgment Md. Altaf Hossain J.- These are two applications under sections 435 and 439 of the Code of Criminal Procedure. 2. The facts of Criminal Revision No.139 of 1980 ari..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)

....sal was confirmed in appeal by the inspector General of Police. The petitioner along with others was put on guard at a bank but when some miscreants launched an attack on them, they surrendered their arms to the miscreants without offering any resistance. On this allegation of cowardice the petition......nal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders…………………………..Responde..

Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

....se from one Special Tribunal to another Special Tribunal within his sessions division. Paragraph (5) of the schedule provides that any offence punishable under any law committed being armed with fire arms or explosive substance will be tried under Special Powers Act. 42. The legislature has cre......(SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....sory Board, was also done away with it is the Emergency for which the law was accordingly passed. Though the dictum of Lord Atkin in the case of Liversidge Vs. Anderson that "amidst the clash of arms the laws are not silent. They may be changed but they speak the same language in war and peace&...... Special Jurisdiction) Present: BadrulHaider Chowdhury J M.H.Rahman J Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners Vs. The State and others.................................................OppositeParty Judgment June 21..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....te prices of purchase in Cipher and sale price in the ordinary way on each article. At the time of cancellation of the license one inventory was prepared along with the price of goods. The plaintiffs arms price on the basis of the inventory. The learned Subordinate Judge rightly observed that during......DLR (HCD) (1978) 355.   ..

Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

.... under the Arms Act, 1898 (XI of 1878). 4. Offences punishable under the Explosive Substances Act, 1908 (VI of 1908). 5. Any offence punishable under any law committed being armed with fire-arms or explosive substances. 6. Any attempt or conspiracy to commit, or an- abetment of, or an......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)

....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ......t Judgment May 2, 1975. Result: The appeal is dismissed. Evi­dence to Be Excluded Only that part of a witness's evi­dence to be excluded which is found false and not his whole evidence Law does not require that the entire evidence of such an witness sho..

Category: Arms Law | Date: 2 May, 1975 | Hits: 2

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....nbsp; The petitioner was sent to the Central Jail under an order of the learned Sub-Divisional Officer. It appears from the F.I.R. that the petitioner's name was not included therein nor any arms were recovered from his possession. The petitioner who moved the learned Sessions Judge at Dacc......R (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963) 20 DLR (SC) 249; P.L.D. 1968 (SC) 313; Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC), P.L.D. 1969. (SC) 14. ..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

.... the period of one year and (2) to issue warrants for their arrest. By the same order, the learned Sub-divisional Magistrate asked the Officer-in-Charge of Tangibari PS immediately to seize their firearms. The last paragraph of the impugned order directs Mr. Hashem, a Magistrate of the 1st Class, to......leted. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Joynal Abedin Vs. State, 2011, 40 CLC (HCD)

....2-2004 against this accused-petitioner alleging, inter alia, that Khondaker Nabir Uddin while patrolling at Panchlysh area of Chittagong got a secret information that some terrorists are staying with arms at Yakub Colony, gate No.2 of Sholoshahar under Police Station Panchlysh, then the SI and his p...... No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special ..

Category: Criminal Law | Date: | Hits: 36

Moinuddin & others Vs. State, 2007, 36 CLC (HCD)

....he premises. This witness also stated that she took her husband to hospital for treatment. This witness further stated that as a local UP member her husband Abdul Hoque gave evidence in a dacoity and arms case against the accused persons and whereupon they became angry with her husband and for which......€¦â€¦â€¦Respondent Judgment July 29, 2007. Result: The Death Reference No.56 of 2003 is rejected. The Jail Appeal No.361 of 2003 is dismissed. The Criminal Appeal No.2140 of 2003 and Jail Appeal No.497 of 2003 are allowed. Lawyers Involved: Md. Mozammel Huq, Deputy Attorne..

Category: Criminal Law | Date: | Hits: 24

Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)

.... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......tate. Criminal Appeal No.1888 of 1994, Criminal Revision No.1504(R)1994. Judgment Md. Fazlul Haque J.- This appeal under section 30 of the Special Powers Act is directed against the Judgment and order dated 5‑10‑94 passed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.34..

Category: Procedural Law | Date: | Hits: 72