Search Options
Judgment Advanced Search
Displaying 1361-1380 of 1504 results.
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......ent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Therefore the learned Judge of the High Court acted with impropriety in allowing bail to respondent No 1 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......t on the question and earlier rejection of prayer for bail by another Judge of the High Court. ……………(14 & 16) Case Referred to: Farid vs Ghulam Hussain and others PLD 1968 SCMR 924. Lawyers Involved: Chowdhury Riasat Ali Khan, Advocate, instructed by Chowdhury Muhammad Aslam Cha..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......section 18 of the West Pakistan (Control of Goondas) Ordinance, 1959 to discharge the person complained against on final adjudication……………(7) Cases Referred to: Cf. R. vs. Twyford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......(7) Cases Referred to: Cf. R. vs. Twyford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen Tin vs. Emperor (XIII) CRLJ Report 492. Lawyer Involved: Kazi Akhtar Ahmad, Advocate-General—For the Appellants. Respondentâ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ...... March 18, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 When an accused is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere…&hellip......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......d is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere……………………..(4) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (M Farooq, Deputy..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal…&helli...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......nt to appear before the specified officer of the bureau in connection with an enquiry is not illegal………………….(10) Lawyers Involved: Syed Ziaul Karim, Advocate instructed by Md. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public documen...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......ublic Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public document………..(7) Lawyers Involved: AF Hassan Ariff, Attorney-General, (Abdur Razzaque, Addi..Category: Criminal Law | Date: | Hits: 65
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depen......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... Zaker Hossain vs. State, 29 DLR (AD) 250; State vs. Constable Lal Mia, 44 DLR (AD) 277; State vs. Azahar Gazi and ors, 23 DLR 32; Abdul Aziz vs. Sekender Ali, 50 DLR 111. Lawyers Involved: Khandoker Mahboob Hossain, Senior Advocate, instructed b..Category: Criminal Law | Date: | Hits: 76
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......li Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No.101 of 1998. (From the judgment and order dated 2...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......ife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met with her death. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab ..Category: Criminal Law | Date: | Hits: 52
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......cted by Mohwnmad Yeasin, Advocate-on- Record- For the Petitioner Shaukat Ali Khan, Senior Advocate instructed Sharifuddin Chakiader, Advocate-on-Record— For the Respondents. Criminal Petition for Leave to Appeal No. 127 of 2001. (From the judgment and order dated 27th 2001 passed by the H......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......e accused….(10) Cases Referred to- Mizazul Islam @ Dablu vs. State. 41 DLR (AD) 151, Shamsuddin Sarker vs. The State, 11 DLR (SC) 365, Mahmood vs. State of Uttar Pradesh, AIR 1976 (SC) 6. Lawyers Involved: Mahbubey Alam, Additional Attorney-General instructed by Mohwnmad Yeasin, Advoc..Category: Criminal Law | Date: | Hits: 59
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......p; Bimalendu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction unde...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......on the dead body does not involve an individual with the crime of murder. Suspicion, however strong, cannot be the basis of conviction…………….(11) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Au, ..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......4, Part I & II Respondent Harunur Rashid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under section 304 Part-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and in...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......bi he committed an offence under section 304, part II of the Penal Code as because the respondent had neither any object of murdering anybody nor was there any such intention……………….(7) Lawyers Involved: B Hossain, Advocate-on-Record—For the Appellant. Ex-Parte—The Resp..Category: Criminal Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioners Not represented- For Respondent Civil Petition for Leave to Appeal No. 1605 of 2001. (From the judgment and order dated 29-04-2001 pa......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. .................Respondent Judgment 27 July 2002 Cases Referred To- Sk. All Ahmed vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD) 170. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan ..Category: Criminal Law | Date: | Hits: 42
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director of the Company not depositing the r......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......bsp; Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another 4 BLD (1984) AD 97; Md. Yameen and another Vs. K.A. Bashar and others 6 BLD (1986) AD 305. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- ..Category: Criminal Law | Date: | Hits: 50
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......olice case and since the police did not submit charge-sheet, he is not authorized by law to take cognizance agaÂinst these appellants………………(10) The Magistrate has been given the power for using discretion whether to proceed by way of issuÂing processes or not by the Court………â€......oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......shad vs. Abdur Rahman, 22 Cal. 131 ; Sheonandan Mahton vs. Emperor, 19 Cr.LJ. 263 ; Subal Chandra Nama Das vs. Abdullah Sheikh, 30 CWN 546 ; Jogesh Chandra Sarkar vs Abdul Gani, 18 Cr.LJ. 626. Lawyers Involved: Md. Meser All, Senior Advocate instructed by S.M. Huq, Advocate-on-Record—For..Category: Criminal Law | Date: | Hits: 60
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......sions Judge acting as a Revisional Court under the Criminal Procedure Code an suo motu take cognizance under section 27(1) of the Special Powers Act as a Special Tribunal. 2. The facts are that informant Rais Ali lodged a First Information Report on 1-7-74 at the Bianibazar Police Station, Sylhe......e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ...... case cannot convert himself in respect of the same proceedings to Special Tribunal under the Special Powers Act and cannot pass an order on the petition under section 27 of the Special Powers Act. Lawyers Involved: A. Hasib, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the App..Category: Criminal Law | Date: | Hits: 33
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......l or revision. This issue of fact having been already decided it cannot be re-litigated in the subsequent trial being barÂred by the doctrine of issue-estoppel.…………(11) Mere applicaÂtion for return of the gold after acquittal does not, in the circumstances, amount to his adÂmission of ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......Âcution on this issue is barred…………..(12) Cases Referred to- AIR 1939 Cal. 65,. (1963) All ER 516, (1950) AC 458, AIR 1965 (SC) 87, 6 DLR 634, AIR (1956) S.C. 415, PLD 1963 Dac. 595. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by B. C. Panday, Advocate-on-Record—Fo..Category: Criminal Law | Date: | Hits: 42
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....public of Bangladesh and others.............Appellants. Vs. Haji Joynal Abedin………………………..Respondents Judgment December 20, 1978. Result: The appeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders sh......d. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulatio...... Haji Joynal Abedin………………………..Respondents Judgment December 20, 1978. Result: The appeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution...... Joynal Abedin………………………..Respondents Judgment December 20, 1978. Result: The appeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot ..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......r sentence of the Special Tribunals…….(3) Munim, J. came to the conclusion that the High Court Division under section 561A. can exercise its limited jurisdiction in the proceeÂdings pending before the Special Tribunals. So far quashing is concerned, it could not be said that the prolongat......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; BanglaÂdesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......sult: The Petition is dismissed. The Code of Criminal Procedure, 1898 (Act V of 1898), section 197. SancÂtion under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an offence it becomes ...... Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. Result: The......llate Division (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. Result: The Petitio..Category: Criminal Law | Date: | Hits: 58
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......fences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being triable under the special statute, that is, P.O. 50 of 1972 the decision in the matter lies with the Special Tribunal. It is for the Special Tribunal to decide whether there are materials for taking cognizance of the offence ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......Abul Hossain Sana Vs, Sawalal Agarwala, (1962) 14 D.L.R. (S.C.); 96 PL.D. 1962 (SC) 242; Akhtar Hossain Khan and ors. Vs. State, 29 DLR. (S C) 101; Abdur Rahman versus-State, 29 D.L.R. (S.C.) 256. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Recordâ..Category: Criminal Law | Date: | Hits: 48
Siraj Miah Vs. Bangladesh and anoÂther, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to contiÂnue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ...... No. 1, Sylhet, who took cognizance of offences under Section 148/324/431/379 of the Penal Code read with Section 26 of the Special Powers Act, 1974, 2. Facts briefly stated are that on a First Information Report filed with the Officer-in-Charge. Balaganj Police Station, District Sylhet, stating......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to contiÂnue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ecial Powers Act to take cognizance of the offence suo moto or upon receipt of a complaint other than a Police report by a competent officer or in the course of hearing of a revisional application. Lawyers Involved: Abdul Wadud Khandker, Advocate with Habibul Islam Bhuiyan, Advocate instructed ..Category: Criminal Law | Date: | Hits: 60
14111410135813571356134713391332132913261301129712751272126212541252125112451238