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State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....ately Tk. 18,60,WO.00 secretly in his handbag while coming back from Dubai by BG‑042 on 30.5.86. 7. P.W. 1 Saifuddin Ahmed, Superintendent, Customs, 'C' shift, Zia International Airport, filed a FIR on the same day at 21‑45 hours at the Cantonment police station stating that the respondent up......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......ent, expulsion or ostracism by customary laws prevailing in ancient societies have been replaced in modem times by laws regulating expatriation, denationalisation or deprivation of citizenship. The histories of national liberation movements and break-away wars are replete with tragic stories of divi..Category: Immigration and Citizenship Law | Date: | Hits: 522
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....tion No. 135 of 1986 calling in question the aforesaid order of conviction and sentence. An allegation of malafide was raised in the writ petition stating that respondent No. 4 of whose behalf the FIR was lodged was a very high official of the Government and he had exercised undue influence in b......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....g that he was not telling a lie when he had been saying all along that his daughter was a minor. 4. To recall the facts of the case a little closely leading to this appeal, the appellant lodged an FIR with Demra PS on 31.8.92 alleging, inter alia, that on 29.8.92 the accused Azizur, Yunusuddin an......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... was categorically stated that the vessel with cargoes were seized by the customs authority in the Bay of Bengal within the Economic Zone of Bangladesh adjacent to the territorial water and in the FIR against the master and crews of the said vessel, out of which the aforesaid Special Tribunal Ca...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... by majority view. 2. Short facts are that the appellant while working as Project Director of Rural Women Employment Creation Project, the Bureau of Anti-Corruption on 16-11-1994 lodged an FIR with the Ramna Police Station on the allegations of offence punishable under sections 406/409/1...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
..... 2. The petitioner made an application on 19.12.1980 to the District Anti‑Corruption Bureau, Dhaka whereupon an Assistant Inspector made a preliminary enquiry and then lodged a FIR on 29.12.81 at Tongibari PS. The allegation briefly was that Faiz Ali, Sub‑Registrar, Ton......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
.... Code. Five others were acquitted. By the impugned judgment and order the High Court Division dismissed the appeal of the appellant and Mansur Ali. 3. The prosecution case, as stated in the FIR by the informant, PW 1 Makbul Hossain, is that in the night of 18th October, 1977 the accused S......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....f the appellant in the case. 4. In the instant case, the learned Judges of the High Court Division could not point out Specifically, even after expiry of nearly 7 months from the filing of the FIR to any incriminating materials other than the FIR itself from where it could be reasonably infer......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....iately on hearing gunshots. Safiuddin was administered first aid by two local doctors, Dr. Ranjit Kumar Majumder and Dr. Delwar but Safiuddin succumbed to the injuries at about 11‑30 AM. The FIR was lodged by informant at 12‑15 PM on the same day at PS Lakshmipur situated at four mil......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....e immediately taken to the Savar Health Complex for treatment and from there Shahajuddin was taken to Pangu Hospital and Montazuddin to PG Hospital, Dhaka and admitted there. Hamid Mollah filed an FIR with Savar PS on the night of 4.4.83 alleging the aforesaid facts which gave rise to the presen......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....wn arrested in DAB GR Case Nos. 13/91 and 15/91 of the Court of the Chief Metropolitan Magistrate, Dhaka 3. In Ramna PS Case 89(2) 91 DAB GR Case No. 15/91 the gist of the allegation in the FIR was that in connection with the purchase of two container ships from Pakistan, the appellant al......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....red cubits away, ran towards the land and saw from a distance of one rosi (100 cubits) appellant‑Siddique Munshi dealing the Sokki blow at his brother's chest. He has been corroborated by his FIR Exhibit‑1 in all material points. Mr. Serajul Huq contends that the evidence of PW 1 can......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....bail by the impugned order dated 25th November, 1991 on a short ground that section 32 of the Special Powers Act, 1974 was a bar to grant bail. 3. Though the appellant is named in the FIR as one of the seven accused persons who are alleged to have committed the offence of abduction ......ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ..Category: Criminal Law | Date: | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....Bangladesh, Hussain Muhammad Ershad, the accused petitioner, is facing trial on a charge of corruption in Special Case No. 7 of 1991 before the Divisional Special Judge, Dhaka. 2. Following an FIR by the Deputy Director of the Bureau of Anti‑Corruption on 8.1.1991 charge‑sheet was submitt......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....n 380 Penal Code only was maintained. 8. The submission on the basis of which leave was granted in this case has already been indicated. It is admitted by PW 1 Afsar Ali Charami both in his FIR and in his evidence before the court that the appellants (who are close neighbours of PW 1) had......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....he appellant, Md, Ali Akbar (since deceased) to the Upazila Magistrate, Sadar, Mymensingh, the Officer‑in‑charge, Kotwali P.S. investigated into the matter and submitted a report in Non FIR Case No. 50 dated 19.3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....n the night following 22.3.85 at her dwelling hut. During the course of investigation the police officer found the case filed by accused Shamsul Haque as false and consequently filed this Suo motu FIR. Tapan Kumar Piplai interrogated Shamsul Haque, his elder brother Hazrat Ali and his sister's h......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... affirmed by the Advocate‑on‑Record, was filed on 14th August 1991, the fourth day of the hearing of the appeal acceptance of the following papers as additional evidence: (1) The FIR dated 15th April, 1976, (2) a memo dated 13th November, 1976 of the Bureau of Anti‑corrup......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....ution did not make any attempt to examine Moniruddin and Karimunnessa to corroborate this statement of PW 1. Again PW 4 Md. Ruhul Amin, Officer‑in‑Charge, Monirampur PS who recorded the FIR stated in his evidence that he read over the FIR to the informant and she put her LTI having a......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
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