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Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....ires that no previous sanction is necessary for lodging an ejahar, rather it is necessary to be issued for the purpose of prosecution against the accused. It is a settled principle of law that a criminal proceeding starts from the date of taking of cognizance of a case by the competent Court or...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... of the impugned proceedings were stayed. 3. Facts relevant to disposal of the Rule may be, briefly, stated as follows:— On 19-8-1998, one Abdullah-al-Zahid, an officer of the Bureau of Anti-Corruption, Dhaka lodged an ejahar with Dhanmondi Police Station against the accused-pe..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....iction, the High Court would not embark upon an enquiry whether the evidence in question is reliable or not. This is the function of the trial Magistrate and it might so happen that quashment of criminal proceedings before commencement of trial would amount to stifling the proceedings befo......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......07 was issued and served upon him under section 26(1) of the Anti-Corruption Commission Act, 2004, directing him to submit statement of properties and liabilities according to the prescribed form. Thereafter, he submitted wealth statement on 24-12-2007 disclosing his properties and those acquired in..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......ed matters shall be initiated and continued under the ACC Act of 2004 and the Rules framed thereunder. Furthermore, we are of the view that if the actus reus of an offence is committed with necessary mens rea, it remains an offence for all time to come, even if the provisions of law creating the sai...... Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work order would be awarded to her for construction of an 80(eighty) MW capacity power station in Tongi BSCIC Industrial Area through his close friend and business partner Tarique Rahman and being induced by such assurance..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....titioner will amounts to deprivation of personal liberty. 5. The respondents contested the Rule mainly on grounds that no fundamental right of the petitioner had been infringed as there are some criminal cases are pending against the petitioner. Ms Amatul Karim, learned Assistant Attorney-......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......ferred to as "MRP Passport") to the office of respondent No. 2 on 29-11-2011. On the same day, the petitioner has completed all official formalities in order to get MRP Passport and thereafter, respondents were given a "Delivery Slip" bearing reference No. 260100000327956 in..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.... Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued on 7-12-2009 calling upon the opposite-party to show cause as to why the criminal proceeding of GR No. 1116 of 2007 arising out of Kotwali Thana Case No.50(11) of 2007 under......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......y for disposal of the rule are that the informant Md. Nezamuddin at first filed a petition of complaint before the Magistrate, Chittagong, which was sent to the Kotwali Police Station and ultimately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of th..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
...........Appellants Vs. The State..........................Respondent Judgment January 9, 2013. Result: The appeal is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to ...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......rought with provision, obviously the charge will be defective. Failure to state that fact would render the trial of the accused in some cases defective. Though section 537 Cr.P.C. provides that by reason of error or omission in the charge the conviction shall not be reversed and altered, this be..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....in Case No. 3 of 2005, which was decreed on 5-3-2007, and the Decree Execution Case No.24 of 2007 is still pending. So, business transaction and contractual obligation, being civil dispute in nature, criminal proceeding is not tenable; and, as such, the impugned order is liable to be set-aside rende...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......tes at last being on 16-2-2005. After serving legal notice on 23-3-2005 by the accused -petitioner, the complaint case was filed on 14-6-2005 under section 138 of the Negotiable Instruments Act, 1881 read with sections 406/420 of the Penal Code. On 14-6-2005, the learned Magistrate took cognizance i..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......Anti-Corruption Commission calls in question the propriety of the judgment of the High Court Division in quashing the proceedings in Special Case No.3 of 2009 pending before the Special Judge, Mymensingh on technical grounds that no sanction has been given by it inconformity with Form-3 appende......elationship between parent law with subordinated legislation When there is conflict between the parent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purposes of construction or obligations exactly as if they were in the Act and a..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....07 passed by the High Court Division in Death Reference No.27 of 2003, which was heard along with Criminal Appeal No.786 of 2003 and Jail Appeal No.191 of 2003 accepting the reference, dismissing the criminal appeal and jail appeal. 2. The prosecution case, in brief, is that Milon Akhter (decea......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......slam (henceforth referred to as "the accused"), 6 years back. After 6 months of the solemnization of marriage, the accused went to Saudi Arabia to work and stayed there for 2 years. Thereafter, he returned home and the couple was blessed with a son, named Nazmul Islam aged about 4 yea..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....rther in the decision of Mahbubur Rahman Sikder Vs. Mojibur Rahman, reported in 35 DLR (AD) 203 Mr. Justice Badrul Haider Chowdhury observed: "Contempt of Court means civil contempt or criminal contempt and civil contempt is defined as willful disobedience to any judgment, decree...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ...... to issue a Rule Nisi upon the contemnors and the said writ petition is now pending for disposal. Rule issued in Writ Petition No. 6202 of 2010 served upon the contemnors but of no result. 7. Thereafter responded No. 4, the Director General of Department of Family Planning sent a letter vide me..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....rged. No quashment before charge-sheet No case can be subject matter of quashment before submission of the charge-sheet and cognizance is taken thereunder. Cognizance starting point of criminal case A criminal case starts from the stage of taking cognizance. Unless cognizance is ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......osite-party to show cause as to why the proceedings of the DAG GR No.13 2002 arising out of Khulshi Police Station Case No.41 dated 30-6-2002 under sections 420/120B/467/470/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of C..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... The Review Petitions are dismissed. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988, Order XXVI rule 1 Review of judgment or order of the Appellate Division in a criminal proceeding can only be done on the ground of an error apparent on the face of the record. ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......titions (Nos.9-12 of 2012) filed by the convict-petitioners two grounds have been taken which are quoted below: "I. For that the judgment and order passed by the Appellate Division is well reasoning (sic) and adequate so far it relates to the fine imposed upon the petitioner but still ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
....,000.00 respectively; the trial Court further directed that out of the fine imposed in each case, taka 1,00,000∙00 is to be deposited to the Government fund. The petitioners preferred four separate criminal appeals before the Metropolitan Sessions Judge, Dhaka against the judgment and order of con...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......petitions (Nos. 9-12 of 2012) filed by the convict-petitioners, two grounds have been taken which are quoted below: “1. For that the judgment and order passed by the Appellate Division is well reasoning(sic) and adequate so far it relates to the fine imposed upon the petitioner but still the ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......e before the Court, under Section 342 of the Code of Criminal Procedure was ever done; but on 9-10-2010, 25-11-2010, 29-11-2010, 24-2-2011, 31-6-2010, 3-11-2011,10-11-2011,14-11-2011,13-1-2012 and thereafter several dates were fixed for argument of the Case. But most of the dates at the instance of ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....lined, for the interest of totality, to address the residual aspect of Mr. Islam’s submission. 44. According to him, the FIR discloses no offence whatsoever. As an FIR is the genesis of a criminal prosecution, around which any possible trial would revolve, fall or stand, it is a well set......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......cause as to why the proceedings of Ramna Police Station Case No. 22 dated 10.07.2008 corresponding to G. R. No. 359/2008 under section 26(2) and 27(1) of the Anti Corruption Commission Act, 2004 read with Rule 15 of the Emergency Powers Rules 2007, now pending in the Court of Chief Metropolitan..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......ed matters shall be initiated and continued under the ACC Act of 2004 and the Rules framed thereunder. Furthermore, we are of the view that if the actus reus of an offence is committed with necessary mens rea, it remains an offence for all time to come, even if the provisions of law creating the sai...... Criminal Procedure Code shall apply unless it is not inconsistent with the Act i.e. Criminal Law Amendment Act, 1958. (ii) Whether the sanction granted by the Anti-Corruption Commission can be treated as the sanction of the Government. 2. The proviso of section 188 of the Code o..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......াতো ভাবী), Mosammat Ismat Ara on examining the body of Baby found the throat cut and as many as 10(ten) grievous injuries from throat to chest. They also found cut mark on the left breast, on the arm of the left hand and also bleeding grievous injuries below the navel and its su..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
.... the age of 25 years was commuted to a sentence of transportation for life. We also note from the charge-sheet that the P.C.P.R. (previous conviction and previous record) do not disclose any previous criminal activity of the condemned petitioner which tends to show that his character is not inherent......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......abused her in filthy language. The informant heard about the incident with his niece Rumi and on that day he, his mother Rokeya Begum and Husna Begum, his brother’s wife asked the accused about the reason of abusing Rumi, whereupon, the accused abused them as well in filthy language and at one sta..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....g the learned Advocates of the respective parties were well informed about the hearing. ....... (8) Functus officio The moment a judgment is pronounced and signed by the learned judges in a criminal case, the Division pronouncing the judgment becomes functus officio. Neither the pronouncin......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......o correct a clerical error. 13. On careful scrutiny of the above provision of law it is clear that this section clearly bars alteration of a judgment in a criminal matter when it is already signed excepting to correct clerical error, if any. As soon as the judgment is pronounced and ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....rt of each accused done in furtherance of the common intention. ...... (86) Pre-concert or pre-arranged plan essential For the application of section 34, it must be established first that a criminal act has been done by several persons and secondly that all the participants intended that t......nd obtained under duress and since it is neither true nor voluntary, he filed a petition on 06-11-2000 retracting his so-called confessional statement; but the Court below failed to appreciate this dimension of the case causing a miscarriage of justice. 20. Mr. Md. Bahar Uddin-al-Razi also pray......ion 164(3) is a mandatory provision of law as has been settled by the Privy Council.......... (55) Statement must be voluntary Before recording a confession, a Magistrate is bound to make a real and substantial enquiry as to the voluntariness of the confession. In so doing, he must put que..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
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