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Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....nmondi Thana Case No.10 (10)/1996 and Lalbagh PS Case No.11 (11)/1975. In this Writ Petition the validity of the Indemnity (Repeal) Act, 1996, and the legality of the institution of the aforesaid two criminal cases have been challenged. 4. In Writ Petition No.5313 of 1996 Mrs. Mahmuda Rahman, mot......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......ne in connection with, or in preparation or execution of any plan for, or steps necessitating, the historical change and the proclamation of Martial Law on the morning of the 15th August, 1975. Whereas it is expedient to restrict the taking of any legal or other proceedings in respect of certain ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....only necessary at the time of filing case to the Court and not to the Police Station. The words “মামলা দায়েরের ক্ষেত্রে” does not mean initiation of a criminal case by lodging first information report which is an absurd proposition. Moreover, it is cl......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ...... they misappropriated an amount of Taka 11, 20,400. The occurrences of defalcation of different amount were defected long after the commission of offences and there may be more such instances to increase the amount of defalcation in future. After administrative inquiry, the accused-petitioners and..Category: Criminal Law | Date: | Hits: 101
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......Gulshan PS Case No.9 (1) 92 under sections 395/397 Penal Code the police arrested accused-appellant SH Habibullah Hablu on suspicion on 30-1-92 and came to know from him that one SMG and some other firearms and ammunition were kept under the possession of accused-appellant Talebur Rahman alias Teleb..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....at the outset. By the same Judgment the learned Sessions Judge acquitted the accused persons under section 201 of the Penal Code. 4. Mr. Syed Ziaul Karim, learned Advocate for the appellant in two criminal appeals has attacked the impugned Judgment and order of conviction and sentence on the grou......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......not returned home after departure with the accused persons on the previous night on the plea of going to the house of Moti Chairnian of Demuddya, which it at a distance of one mile from her house. Thereafter in the same morning at about 9‑00 AM the dead body of Abdur Rashid was found in the land o..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....o then put the said notes in the pocket of accused Hasnat but those version is quite absent in the FIR at the earliest point of time. Moreover, in his cross-examination it appears that there are 20 criminal and civil cases in where the P.W.8 is one of the parties and he was dismissed from his job ......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294....... that the informant also paid Taka 5,000 to the present accused-appellant No.1 as per the instance of accused No.1 and on 2-7-2008 also agreed to take Taka 3,000 instead the rest of Taka 5,000 and thereafter as per the instruction of the informant he filed an application before Durnity Daman Commiss..Category: Criminal Law | Date: | Hits: 142
....se the police after investigation has submitted charge-sheet and that case will be tried according to the provision of law and if found guilty the detenu, will be punished under the Arms Act but that criminal case initiated under the Arms Act cannot be the good ground for preventive detention. The o......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......on with various organisations and persons in carrying on illicit activities on behalf of a particular political organisation in order to tarnish and damage the image of the present Government and to create instability in the society he is maintaining all time relationship with various organisations ..
Category: Criminal Law | Date: | Hits: 104
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......of Cognizance Court (Ka) Anchal, Satkhira under section 516A of the Code of Criminal Procedure for seeking, custody of the goods pending the conclusion of the inquiry or trial to the petitioner. Thereafter, the concerned Magistrate sought report from the respondent No. 2 who sent his report on 17-..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......ued a notice under section 26 of the Anti-Corruption Commission Act, 2004 submit his wealth statements within 72 hours and accordingly the appellant filed statement of wealth to ACC under protest. Thereafter on 21st March, 2007 the Director General of Anti-Corruption Commission filed Mohammadpur Pol..Category: Criminal Law | Date: | Hits: 125
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ts that from charge-sheet it appears that SI Alam Sarker as investigation officer submitted charge-sheet after conclusion of the investigation of the case and he was made CS witnesses No.16. In every criminal case, specially murder case, investigation officer always is considered as vital witness. N...... Appeal No. 2280 of 2000. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 26‑6‑2000 by Additional Sessions Judge First Court Mymensingh in Sessions Case 27 of 1992 arising out of Trisal PS case 8 dated 19‑12‑1990 GR 102(2)9......ther deceased Azizul Islam went at 4‑00 PM to Kashigonj Bazar. While they were returning at 10‑00 PM and when they came to the place on the road 200 yards west from the house of one Gofur 5/7 miscreants encircled them and stopped them on the road. Informant Saidul Islam recognised with the light..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....riminal Appeal was dismissed by judgment and order dated 4‑7‑2001 dismissing the Criminal Appeal No.1900 of 2000 by this Court. The learned Advocate could not inform us the latest position of the criminal petition for leave to appeal. 7. Be that as it may, the fact remains that the second fir......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......nterfere in a case at investigation stage. High Court's power of superintendence cannot ordinarily be extended when the case is still at the investigation stage. Submission of charge-sheet cannot be treated as finality of investigation, until cognizance of the offence is taken by the Court. In the c..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....te-party No.2, fails to make any dent in the above submissions of Mr. Md. Khurshid Alam Khan; but he submits that in the facts and circumstances of the case, the accused-petitioner has incurred the criminal liability of cheating the complainant-opposite-party No.2. 6. We have heard Mr. Md. Kh...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279....... other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to thrice the amount of the cheque, or with both. 8. From a bare reading of section 138(1) of the Act, it is manifestly clear that the cheque drawn by a person on an..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......ge inasmuch as he had never received any punishment for any offence in service. It is further stated that Biman recently terminated and compulsorily retired 252 officers and employees without any reason in the period covering October, 2006 to April, 2007. It is also stated that there are huge nu..Category: Employment/Service Law | Date: | Hits: 157
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
.... presence of the accused at the place of occurrence at the time when the offence was committed. subsequent conduct of Mosharraf as disclosed in the evidence of P.Ws. 10 & 12 also speaks about his criminal mind. 9. Coupled with these evidence there remains the confessional statement of the ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......n Parishad office they further found the deceased lying on the ground with bleeding injuries. P.W.4 and P.W.5 also told them that accused Abul Khair had murdered the chairman Safluddin Chowdhury who breathed his last at about 11/11‑30 AM. The formal FIR (Ext.4) was lodged with Lakshmipur Police St..Category: Criminal Law | Date: | Hits: 116
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
.... noticed that in this Rule the main ground is, that a proceeding cannot be initiated against a private person under sections 4 and 5 of the Anti-Corruption Act, 1957. On perusal of the record of this criminal revision we have found that at the time of issuing the Rule with reference to the principle......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ...... Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. The relevant facts are as follows: The accused petitioner Abdul Kabir was served with a notice by the competent officer of the Bureau of Anti-Corruption under section 4 of the Anti-Corruption Act, 1957. In reply to the notice he ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
.... have been pressed into service which are: (i) The petition of complaint does not disclose any ingredient of offence punishable under sections 406/420 of the Penal Code and the continuation of the criminal proceeding against the petitioner is an abuse of the process of the Court and the proceedin......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......ure thereon. In that way the accused petitioner, though, received Taka 5,000.00 from the complainant delayed and delayed the execution and registration of sale deed in his favour. The complainant, thereafter, issued two registered notices dated 8-5-96 and 2-6-96 asking the accused-petitioner to exec..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... completion of the investigation into the case the police submitted charge sheet against 5(five) persons including the present appellants under sections 302/34 of the Penal Code. 5. The case being ready for trial, all the charge sheeted accused persons including the present appellants put on tria..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......o.412 of 1998. The Appellate Division affirmed the concurrent findings and decision of the trial Court and the appellate Court by dismissing that Civil Petition for leave to Appeal. The appellants thereafter filed a review petition also which was numbered as Civil Review Petition No.45 of 1998 for r..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
.... also detained under the Special Powers Act and on a Writ Petition the Rule was made absolute and he was directed to be released by the High Court Division. But because of his arrest in the aforesaid criminal case he could not be released. It is further stated that since his arrest he is being kept ......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......s of weight. He has been kept in unhygienic and undesirable condition and in continuous solitary confinement since his arrest. He has been suffering from hypertension and high blood pressure and the treatment he needed is not available inside the jail. Due to prolonged detention the condition of his..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....r from the above discussions that a person who wishes to recover damages for sustaining injury to person, property or reputation must establish that he sustained injury by reason of previous civil or criminal proceedings, which was commenced or continued not only without reasonable or probable cause......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280....... execution of the said decree the property mentioned in the schedule to the plaint was auction-sold to the plaintiff-appellant for a consideration of Taka 34,62,500.00. The plaintiff-appellant was thereafter given a sale certificate. The defendants-respondents resisted the plaintiff-appellant to tak..Category: Property Law | Date: | Hits: 144
....se claim upon the suit property for illegally grabbing the same and in pursuance thereof they held out threats to disposses them and under such circumstances the plaintiffs were constrained to file a criminal case against the defendants, being Court Case No.117(c) before the Magistrate, Madargonj un......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......have been owning and possessing the suit property for quite a long period by using the same as their homestead and by planting bamboo clumps and other valuable trees thereon. The defendants recently created some forged and fabricated documents for laying false claim upon the suit property for illega..
Category: Property Law | Date: | Hits: 86
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