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Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......ka 10,000 but the informant refused to give bribe and as such the accused kept the papers without putting his signature there in and on 12-3-2007 informant informed RAB personnel in the camp and thereafter the informant on 13-3-2007 at about 4-05 PM went to the office of the accused person and req..Category: Criminal Law | Date: | Hits: 87
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
.... demanded by the complainant he would be bound to refund the said amount of Taka twenty lacs within 6 months from the date of demand and that if he cheated the complainant of the money paid to him or criminally misappropriated the said amount in any manner he would be liable to be prosecuted in the ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......t at the rate of Tk.40,000/- each took Tk.8,00,000/- from the complainant in equivalent Qatar currency. Accused came to Bangladesh and wrote letters to the complainant at Qatar explaining various reasons and official difficulties regarding delay in supplying N.O.C. Visas. The complainant in go..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......f all the documents the learned District Judge, by his order dated 6-3-2003 appointed Mr. AFM Mesbahuddin as Arbitrator to enter into the reference and arbitrate the matter in accordance with law. Thereafter, the sole Arbitrator entered into the reference and issued notices upon the parties to file ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....nce then. In particular it now seems that the law of contempt applies to proceedings which are imminent no less than to those which are pending. The point has generally been discussed with comment on criminal proceedings in mind, but the same rule must be presumed to apply to civil proceedings. Inde......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... the State. Civil Order No. 7550 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This is an application under Article 108 of the Constitution of the People's Republic of Bangladesh read with section 2 of the Contempt of Court Act, 1926. 2. It is stated in the application tha..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......constitutional Provision". 10. In a case where the Provision of law has been used and an order of detention passed on fictitious and colorable satisfaction and without care or circumspection commensurate with gravity of the case affecting the liberty of the citizen, it must never be sustained ...... studies conference is an old on‑going concept and has been continuing for ever a quarter of a century. Theme of the conference was of academic nature and had nothing to do with the formation of a greater Bengali State. It is also denied that the detenu gave leadership from behind the scene and ha..Category: Criminal Law | Date: | Hits: 156
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......zal Hossain during assault got serious injury on the left side of his head. The witnesses cane and saw the occurrence. Later on Mohiuddin and deceased Mofazzal were removed to Sreebordi Hospital for treatment where Mofazzal Hossain, died immediately on the date of occurrence on 11.6.85. Mohiuddin re..Category: Criminal Law | Date: | Hits: 110
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....Konok and the separation had caused serious mental agony, pangs, frustration and sufferings causing serious mental imbalance and ultimately drove him to commit the crime. He does not appear to be a criminal in the ordinary sense of the term. He had deep love for his wife. His primary motive was to......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ...... Sakhawat Hossain, Afasrun Nessa, Latifa Akhtar and Imran. 2. The prosecution case, in short, is that accused Abul Kalam Azad married Arifa Akhtar. The marriage was not a happy one. He used to maltreat and torture Arifa. As a result Arifa Akhtar had to divorce and wanted to get back Arifa Akhtar...Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
....ate ‑ For the Party No.2. Criminal Miscellaneous Case No.1884 of 1994. Judgment Md. Gholam Rabbani J.- This is an application under section 561A CrPC by the accused petitioner for quashing criminal case pending against him under sections 302/34 of the Penal Code in the Court of Magistrate...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......e submission of the accused and the prosecution in this behalf, the Court considers that there is no sufficient ground for proceeding against the accused it shall discharge the accused and record the reasons of so doing.” 5. Similarly, a new section being section 241A was inserted by the Ordina..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ws he went to Saudi Arabia and brought back the dead body of his daughter. Thereafter post‑mortem examination was held and some injuries were found on the body of his daughter. On such happening a criminal case was instituted in Cantonment Police Station, Dhaka, against his son‑in‑law, Dr. Ab......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......his case and he is respondent No.1 in this appeal. It was his case that his daughter Shahnaz Nabi was married to Dr. Abdul Wadud and after their marriage the couple went to Saudi Arabia. Some time thereafter he received a news of death of his daughter in Saudi Arabia. After hearing the news he went ..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ...... submissions of the accused and the prosecution in this behalf, the Court considers that there is no sufficient ground for proceeding against the accused, it shall discharge the accused recording the reasons for so doing. Mr. Khondker submits that if the copies of the material papers and documents a..Category: Criminal Law | Date: | Hits: 121
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
....ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......cation and LC records. 3. By order dated 21.11.88 further proceeding of the said case was stopped under section 339C of the Code of Criminal Procedure and the accused petitioners were released. Thereafter on 26.11.88 prosecuting officer filed an application for revival of the case under section 3..Category: Criminal Law | Date: | Hits: 88
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....r the said Act. 7. Let us now see what is meant by cognizance of an offence and what is meant by prosecution of an accused under the Code. 8. Cognizance means taking notice of an offence by a criminal Court initiating a judicial proceedings against the offender in respect of that offence or ......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......this Judgment. 2. Two petitions of complaints were filed by two different complainants before the Senior Special Judge, Manikgonj alleging offences under sections 406/409/420/109 of the Penal Code read with section 5(2) of Act 11 of 1947 against the respective petitioners of the two cases. After ..Category: Criminal Law | Date: | Hits: 112
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
....ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......n 144 of the Code of Criminal Procedure was started on the basis of an application filed by opposite party No.1 and a restraint order was issued by the learned Magistrate. The opposite party No.1, thereafter, filed a petition before the self some Magistrate informing him that the accused petitioners..Category: Procedural Law | Date: | Hits: 109
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....‑in‑charge of the Ministry of Industries and his recommendation to the Works Minister to consider the recommendation of the sponsors made to him as the Industries Ministries do not constitute any criminal offence and the summary and the representation which are the basis of the present case agai......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka arising out of Motijheel PS case No.32 dated 9.5.91 under sections 409/109 of Penal Code read with section 5(2) of Pension of Corruption Act, 1947. 2. The case was heard at length for se..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....he court they were enlarged on bail. 4. Mr. Abdul Jabbar, the learned Advocate for the petitioners, submits that the complainant opposite party No.1 has got no locus standi to file this instant criminal case against the petitioners and the proceeding is liable to be quashed. The learned Advoca......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......same land and while recording her name in the Revenue Office also submitted another photo copy of a Kabala. No.1742 wherein Amodini Dashi is vendor and accused petitioner No.1 is, the vendee and thereafter complainant opposite Party No.1 filed a Review Case under section 150 of the Tenancy Act bef..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... sections 435/439A Cr.P.C. 6. The historical background of the challenge is that in 1982 the Government made a policy decision to invest Executive Magistrate with sweeping judicial powers to try criminal cases, not just petty offences, but even offences not punishable with death or with transpo......h made a recommendation to the learned Chief Justice to constitute a Full Bench of 5 Judges to consider the reference quoted in the beginning which the said Bench considered to be a question of immense public importance. 18. Accordingly, the learned Chief Justice constituted this Full Ben......, AIR 1953 (SC) 244; Radhakissen Chamria & others Vs. Durga Prosad Chamria, AIR 1940 PC 167; Commissioner of Income Tax Act Vs. Vadilal Lallubhai, AIR 1973 (SC) 1016; 1984 BLD 250; Mullins Vs. Treasurer of Surrey, (188) 5 QBD 170; West Derby Union Vs. Metropolitan Life Assurance Society, (19..Category: Criminal Law | Date: | Hits: 158
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......ioners (defendants) on different averments. The said suit was contested by defendant Nos.1 to 5 and 7 by filing a joint written statement denying all the material allegations made in the plaint. Thereafter the learned Subordinate Judge by his order 26.7.1987 framed the issues and September 8, 1987..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....le of Special Powers Act on 23.8.77 i.e. before the date of taking cognizance of the offences. It is now a settled principle of law that change of procedure shall not affect any pending case, but a criminal case is deemed to be pending from the date of taking cognizance of the offence and this c...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......he case was sent to the Sessions Judge, Bakerganj in connection with the disposal of a bail matter. The learned Sessions Judge as a Special Tribunal took cognizance of the case on 27.5.78. and thereafter tried the case and finally convicted the accused petitioner and another under sections 3..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......on 7.7.85 praying for impleading the Returning Officer and the A.D.C, Jhalakati as opposite party in the election petition which was allowed by the Election Tribunal by the order of the same date. Thereafter the opposite party No.4 filed another application for amendment of the election petition pra..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
.... held- "Whether or not section 149 I.P.C. creates a distinct offence (as regards which there has been conflict of views in the High Courts) there can be no doubt that it creates a distinct head of criminal liability which has come to be known as "constructive liability" a phrase not used in I.P.C......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......to the place of occurrence and they also tried to rescue the informant and his brother but they were also beaten by lathi, Sulfi, etc. by the accused. Many people came to the place of occurrence thereafter and were told about the occurrence. They brought Sona Miah to the paddy field near the house..Category: Criminal Law | Date: | Hits: 128
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