Search Options

Judgment Advanced Search

Displaying 121-140 of 3048 results.

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....The appeal is dismissed. Confession A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts st......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A conĀ­fession duly made and satisfactorily pro..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

.... Confession and second confession A confession is an admission made at any time by a person charged with a crime, stating, or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts sta...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......he ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved..

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....d the brother-in-law of plaintiff, Shamsul Kabir Humayun Reza, did not come back after they had allegedly gone to the suit property in December, 1972; till hearing of the appeal, he neither filed any criminal case nor took any step to recover the possession of the suit plot, nor informed the matter ......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......964 and 3-2-1966. The DIT delivered possession of the suit plot to him by a letter dated 1-8-1962. After getting possession of the allotted plot, Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar created a boundary wall and also con­structed a katcha room therein and started to pos­sess t..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)

....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ......rection on the complainant to receive money after expiry of the statutory period. Having been dishonored the cheque and servicing of legal notice, the cause of action arose for filing the case and thereafter the complaint case was filed. Subsequent to the date of filing the case, the complainan..

Category: Others | Date: 11 Nov, 2012 | Hits: 8

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....evant provi­sions of law on 20-9-2007. Although the petitioner is not named in the ejahar but he has been charge-sheeted along with others. It has been stated in the charge-sheet that the alleged criminal liabilities of the petitioner are that of the abetment in manipulat­ing the tender for ...... 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) 116.       ......ed proceedings of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007 corresponding to Motijheel Police Station Case No. 140 dated 29-3-2007 under sec­tions 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 and Rule 15 of the Emergency Power ..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ed a copy of an application for acceptance of appearance of respondent Nos. 5 and 8 and draws our attention to Annexure-1 to the said application and submits that respondent No. 4 has registered a criminal case against respondent Nos. 5, 8 and others under Sections 323/325/354/114/343 and 506 of......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... against respondent Nos. 5, 8 and others under Sections 323/325/354/114/343 and 506 of the Penal Code upon receiving an F.I.R. from the victim on 21.10.2012. It is his contention that from a plain reading of the said F.I.R the offence, committed by respondent Nos. 4-8, appears to be heinous in n..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)

....From the judgment and order dated 25th September, 2012 passed by the High Court Division (Vacation Bench) in Criminal Miscellaneous Case No.19433 of 2012.) Order Muhammad Imman Ali J.- This criminal petition for leave to appeal is directed against the judgment and order dated 25.09.2012 pa......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ...... which was quashed so far as the respondent No.1 is concerned. 2. The prosecution case, in brief, is that the informant along with other forces were on patrol duty, on 27.02.2007, at Kalabagan area, Dhaka, when they came to know, from a reliable source, that one Jeep was kept in the custody of..

Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611

The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

....6). 23. It further appears to us that the instant case is absolutely a case of no evidence but the Court below without any legal evidence convicted the accused in moral view. Legal evidence in a criminal trial is the evidence of the incriminating facts and circumstances of involvement of the ac......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......to work in paddy field of accused Moru Bhuiyan since 30.08.1995 at the daily payment basis for Tk.45. On 31.08,1995 at 7.00 a.m. he went out for daily work towards accused Moru Bhuiyan. After taking breakfast he along with Md. Ibrahim, Md. Karim (P.W.1), Md. Yusuf and Moru Bhuiyan (accused) went out..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7

Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)

....icence with a number and display of number longly (5) Qualification of a Rickshaw Puller to get licence such as, knowledge on traf­fic law, age limit, living standard, phys­ical fitness, criminal Record, job secu­rity (6) Area limit in which a Rickshaw should be allowed to run ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ......present opposite party as the plaintiff filed the Title Suit No. 321 of 1999 in the 4th Court of Assistant Judge, Dhaka for a decree for permanent injunction restraining the present petitioners from creating obstruction for putting rickshaws for which they have been per­mitted to run on the stre..

Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....ent and order, set-aside the impugned judgment and order of conviction and sentence and acquitted the accused of the conviction and sentence. Thereafter, the Anti-Corruption Commission pre­ferred criminal petition for leave to appeal before the Appellate Division and the Apex Court, by its judgm...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ......008 arising out of ACC GR Case No.12 of 2008 corresponding to Ramna Model Police Station Case No.19 of 2008 dated 10-01-2008 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read with section 15(gha)(5) of the Emergency Power Rules, 2007 and section 109 of the Penal Code, n..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

....o the Commission though the police report did not accompany such sanction letter. Therefore, continuation of the impugned proceedings was nothing but an abuse of the process of the Court; the instant criminal pro­ceeding is unjust as a civil suit being Money Suit No.1 of 2005 is pending where li...... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......quired into and investigated of the offences relating to corruption and also to make enquiry into the pecuniary resources of certain persons for more effective prevention of cor­ruption was the Bureau of Anti-Corruption, in short, the Bureau, constituted under section 3 of the Act/1957. And in t..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)

....ed to quash a proceeding or even a conviction on conclusion of a trial if the court concerned got no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any criminal offence, or the conviction has been based on 'no evidence' or otherwise to secure e......the case in accordance with law. Let a copy of this judgment be communi­cated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......007, an Estate-Officer of the complainant's company went to the office of the accused-petitioner's company for taking the payment of the cheque-amount; but they denied payment of the same. Thereafter, the complainant issued a legal notice through his Advocate upon accused Nos.1-3 on 28-1-200..

Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....as ultimately transferred to the court of Special Judge, Sher-e-Bangla Nagar, Dhaka, for holding trial. 4. On 29-1-12, the accused-petitioner submitted this application for quashing the impugned criminal proceedings and obtained the instant Rule and stay order. 5. Mr. Ahsanul Karim, the le......h the Special Case 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: 17 BLC (HCD) (2012) 778. ......h Court Division under Article 111 of the Constitution. In this respect, the learned Advocate has also referred to the case of MA Hasham Vs. State reported in 17 BLC 136 to show that a judgment has already been passed on the basis of the said ratio of the earlier case decision reported in 62 DLR (AD..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Mirza Abbas Vs. State, 2012, 41 CLC (HCD)

....rest and harass him in the instant case. He further submits that such direction upon the police can only be given by a court exercising writ jurisdiction. He lastly submits that this Court exercising criminal jurisdiction has no competence to pass any direction upon the respondents not to arrest or ......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..

Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7

Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)

....s why their evidence cannot be relied upon. 25. It is well settled that the evidence of a chance witnesses is very weak type of evidence and is not considered worthy in coming to a decision in a criminal case. A chance witness is one who claimed to be present at the place of occurrence at the t...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20   ......alleging inter-alia, that she got married with the appellant No.3 Md. Hossain Ahmed and appellant No.1 and 2 demanded Dowry of Tk.1,00,000/- from her father but her father refused to pay the same. Thereafter the accused persons inflicted lathi blows on different parts of her body causing injury. Whi..

Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3

Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)

....sed presumed to be innocent of the charge till guilt is established by legal evidence No particular number of wit­nesses legally required to prove the offence. The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to adduced......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174.   ......e of no evidence rather the alleged arms were planted and thereby he was falsely implicated in this case. 14. He lastly submits that the judgment and order of conviction and sentence based on misreading and non-consideration of the evidence on record and, as such, the same cannot be sustained i..

Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10

Nazrul Islam Vs. State, 2012, 41 CLC (HCD)

....s Exhibit 4/5 respectively. He sized alamat. He proved the seizure list as Exhibit 6 and his signature thereon as Exhibit 6/1. He recorded statements of the witnesses under section 161 of the Code of criminal Procedure. Victim Asma Khatun was examined by the Doctor. After investigation he submitted ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......unger sister Aseda Begum and maternal cousin Tahera watched Matinee Cinema show at local Chourartgi Cinema Hall at 3-00 PM cinema show over, they started for home by a rickshaw. At about 8-00 PM they reached a place named Baterhat and by leaving the rickshaw proceeded for home on foot. When they rea..

Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8

Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)

....p;....................Opposite-Party Judgment August 22, 2012. Result: The Rule is discharged. Sine die postponement discouraged When a title suit is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272.   ........Opposite-Party Judgment August 22, 2012. Result: The Rule is discharged. Sine die postponement discouraged When a title suit is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal case........ (7) ..

Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9

Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)

....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ...... seizure list witnesses were reluctant to tell the truth in a bid to save the accused who was either their neighbour or relative. In the instant case Police officials proved the case of recovery of firearm from the possession of the convict appellant by such unimpeachable evidence……&he..

Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8

Kamal Vs. State, 2012, 41 CLC (HCD)

....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ......t one SI Golam Rahman lodged an FIR with the Uttara Police Station alleging, inter alia, that on 29-1-2003 while he along with his force was on mobile duty got a secret informa­tion that some miscreants would commit offence in the Balu Godi Rajabari ghat, on the basis of the said information he ..

Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2