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Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....ng at police station he filed ejahar which is marked exhibit-2 and his signature therein is marked exhibit 2/1. He identified the accused in the dock. 16. He denied the defence suggestion that no arms and cartridge were recovered from the accused and that he has been falsely implicated in this c......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 (HCD) 508; Mohammad..

Category: Criminal Law | Date: | Hits: 77

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....ted in the Constitutional position of the Judges. In line with Mostesquie’s classic exposition of the separation of powers, the Judiciary occupy a situation apart from the legislative and executive arms of the State and operate independently of them”. (Page 199). 21. Max Webber, an US politic...... Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 413

State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)

....offi­cials, who took him to their office for questioning. The report further states that it became apparent on the following day that the taskforce personnel had assaulted Mr. Hossain and one of his arms was bro­ken. Mr. Hossain was released after a written state­ment was taken from him by the ta......e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J State...............Petitioner Vs. Secretary, Ministry of Home Affairs and others................Respondents Judgment April 28, 2009. Result: The Rule is dis­..

Category: Others | Date: | Hits: 87

Ful Mia Vs. State, 2004, 33 CLC (HCD)

....uld not be jettisoned…………………………………(28) Evidence of police personnel When there is consistent and uniform evidence of the police personnel in respect of recovery of the arms from the exclusive control and possession of the accused and in absence of evidence of personal......€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. The State………………………….Respondent Judgment November 24, 2004. Result: The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecuti..

Category: Criminal Law | Date: | Hits: 79

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....ts. In Antiquity when the use of might alone was consideredas the right policy the kings and ruling chiefs, waged incessantwars against their neighbouring rivals and adversaries and by sheer force of arms defeated and brought in chains men, women, young and old without number. The gallant and braves...... This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 154

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

....d from the side of respondent state is a case under section 19A and 19(f) of The Arms Act. In the said case Mukim Gazi was apprehended and one revolver and some cartridges were recovered from him. No arms were recovered from other accused persons. It was held that the revolver and cartridges recover......: 15 BLT (HCD) (2007) 279. ..

Category: Criminal Law | Date: | Hits: 83

Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)

....arrested accused Arzan with the local people and advised to catch another dacoit and upon focusing torch light he found accused Mesbahuddin with a cut rifle in his hand. They also caught him with the arms and ammunition. P.W.7 Kabiluddin has stated in his evidence that on the date of occurrence at a......¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. State…………………Respondent Judgment January 31, 1996. Result: The Reference is rejected. The appeal being Criminal Appeal No.1064 of 1992 and Jail Appeal being Jail Appeal No.823 of 1993 are allowed. The Penal Code, 1860 (XLV of 1860)..

Category: Criminal Law | Date: | Hits: 75

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

....stance the police arrested the detenue 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 detenue interrogation was necessary and accordingly ma......Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1..

Category: Criminal Law | Date: | Hits: 78

Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....e, in short, is that P.W.1 the informant, Lieutenant BN Md. Feroz Khan, RAB-3 Adamjee Nagar, Narayanganj along with accompanied forces on 6-10-2004 when was on Patrol duty for recovering unauthorized arms and arresting the miscreants of Demra, Sabuj-Sutrapur, Motijheel, Khilgoan Shyampur and Narayan...... 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evi­dence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. S..

Category: Criminal Law | Date: | Hits: 99

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....lt: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such t......urt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Result: The..

Category: Criminal Law | Date: | Hits: 77

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

....gun was recovered from the waist of Ujjal and the front site of a gun was recovered from Mamun. Then in presence of the Rickshaw pullar Habibur Rahman and other witnesses present the P.W.2 seized the arms after preparing a seizure list and after handing over the accused persons to the thana he lodge......eported in: 15 MLR (HCD) (2010) 311. ..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....alim has not been examined as a witness which, according to the learned Advocate for the accused-appellants, speaks falsity of the entire prosecution case. He further submits that the recovery of the arms at the instance of Md. Mobarak who is a planted person of the informant as such it cannot be ru...... (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

....aleha Khatoon, is the sister of victim Aftabuddin who heard from the peo­ple that the accused caused hurt to the victim thereby he died. In the cross examination, she stated that she did not see any arms or lathi in the hand of the accused in the night of occur­rence and she heard about the occurr......e. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..

Category: Criminal Law | Date: | Hits: 84

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

....t No. XI of 1878); section 14 There is nothing in section 14 of the Arms Act about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What......l. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law.....

Category: Criminal Law | Date: | Hits: 92

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... self defence. Then the miscreants jumped into the water from the Trawler when he alongwith his force encircled the area and the Trawler and arrested the convict-petitioner and other accused with the arms being five rifles, twenty bullets of 303 rifles and one bayonet as well as other articles. Upon...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Resu..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

.....W.7. 20. P.W.8 Mizanur Rahman stated that on 26-8-1996 at 8-00 AM he was coming to Cox's Bazar from Badarkhali by a launch and when they reached at Mukbeki 4-5 dacoits coming on a speed boat with arms entered into their launch and took away wrist watch and cash Taka-1,000 from him. They also loo......………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal a..

Category: Criminal Law | Date: | Hits: 158

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....ersonnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could not show any license for keeping the fire arms, he was taken in to the custody and F.I.R. was lodged under section 19A of the Arms Act on 18.9...... 2. Briefly, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur along with other police personnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could ..

Category: Criminal Law | Date: | Hits: 92

Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)

....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......man J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is under Jana Nirapatta (Bishesh Bidhan) Ain, 2000 and that in the instant case charges have been framed by the Tribunal under section 10 of the Jana N..

Category: Criminal Law | Date: | Hits: 79

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....dgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a charge for recovery of arms when a case has been installed and processed by the Police, they generally become very much int......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Convict-Appellant Vs. The State………………………………Respondent Judgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a char..

Category: Criminal Law | Date: | Hits: 125

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....e…………………………Respondent Judgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of......ant (In Custody) Vs. The State…………………………Respondent Judgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for con..

Category: Criminal Law | Date: | Hits: 65