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State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......basis. Upon arrival at the Jail gate Kazi Abdul Awal took his seat at the office of the IG (Prisons) and noticed there that the I.G. (Prisons) had been receiving various telephone calls. Sometimes thereafter Captain Moslem Uddin along with 4 other armed personnel had arrived at the Jail gate but the..

Category: Criminal Law | Date: | Hits: 191

Mainuddin Vs. State and another, 2010, 39 CLC (AD)

.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away his son Arif Hossain from his residence and thereafter he did not return home. On query to the aforesaid accused persons they stated that Arif Hoss..

Category: Criminal Law | Date: | Hits: 66

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......ed from the judgment and shall not form a part thereof. 6. Mr. Moksudur Rahman the learned Deputy Attorney General appears for the State. The learned Deputy Attorney General was unable to give any reasons for keeping on record of the judgment, the lengthy observa­tions and comments contained in ..

Category: Others | Date: | Hits: 145

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....25,000.00. On 13-8-88 the petitioner was under suspension on various charges stating that he has caused loss to the Bank by distributing loans to different persons without any authority. Thereafter a criminal case was also started on 11-6-89 against the petitioner. The charges leveled against the pe......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......ited Taka 25,000.00. On 13-8-88 the petitioner was under suspension on various charges stating that he has caused loss to the Bank by distributing loans to different persons without any authority. Thereafter a criminal case was also started on 11-6-89 against the petitioner. The charges leveled agai..

Category: Civil Law | Date: | Hits: 71

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

.... servant at the time the Court took cognizance under section 409 of the Penal Code and he was tried and convicted by the Special Judge under the said section. Against the said conviction he preferred criminal appeal before the High Court Division of the Supreme Court and the appeal was allowed and t......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......bdul Majid, another Inspector of the same department claiming himself to be a Mujibnagar Employee managed to get himself absolved in the erstwhile Narcotics and Liquor Directorate as an Inspector by creating a fake file bearing No.সম/এসপি/২৮/৮৪(অংশ-২) and by forging the s..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......nst the accused-appellant under section 19A and 19F of the Arms Act. The police after investigation submitted charge sheet against the accused-appellant under the same section of law on 13-2-1996. Thereafter, it appears from the paragraph 3 of the memo of appeal that the accused-appellant was arrest..

Category: Criminal Law | Date: | Hits: 65

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

.... reads as follows: ''516A. When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence is produced before any criminal Court during any inquiry or trial, the Court may make such order as it thinks tit for the p......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......investigating the title of the taxi cab claimant, it is his duty to decide expeditiously who is the person prima facie entitled to possession thereof and hand over its possession to him for avoiding great loss that has been sustained when it was kept unused, for ensuring the taxi cab in the same con..

Category: Criminal Law | Date: | Hits: 110

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

....he accused being a কুখ্যাত সন্ত্রাসী as proved by the P.W.1. This is a relevant fact to explain as to why ordinary people are afraid of disclosing against this type of criminal. 31. We have examined this issue in a bit of detail, so that the trend of judicial prono......case, we would also like to record that, lack of certainty about awarding punishment in the cases where it is legally due, disregarding their status or identity, caused by whatever reason, has been immensely contributing to the deterioration of the law and order situation in our country to nullify t...... Narayangonj for trial and registered as Special Case No.184 of 2005, wherein a charge was so framed on 12-5-05 against the appellant under section 19(a) and (f) of the Anus Act, 1878. The charge was read over to the accused-appellant in the open Court, he pleaded not guilty of the charge brought ag..

Category: Criminal Law | Date: | Hits: 79

State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)

....large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ...... reverse the findings of the tribunal in finding the accused persons guilty of the charges on assessment of the evidence of P.Ws.3, 5, 8 and 9. It is further contended that the High Court Division misread the evidence of P.Ws.1, 3, 5,8 and 9 and illegally disbelieved the prosecution case. Learned At..

Category: Criminal Law | Date: | Hits: 69

State Vs. Lieutenant Colonel Syed Farook Rahman (Rtd.) and others, 2011, 40 CLC (HCD)

....executed, and therefore, these petitions have been abated. In view of the submission of the learned counsel, these petitions are dismissed as being abated. Ed. This Case is also Reported in: ......executed, and therefore, these petitions have been abated. In view of the submission of the learned counsel, these petitions are dismissed as being abated. Ed. This Case is also Reported in: ......quitted them of the charge. Mr. Anisul Huq, learned counsel, appearing for the petitioner submits that the accused-respondents had been convicted and sentenced to death in another case and they had already been executed, and therefore, these petitions have been abated. In view of the submission o..

Category: Criminal Law | Date: | Hits: 85

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......s to it essential to the just decision of the case. 7. On perusal of the application dated 19‑2‑2004 filed by the petitioner Chutta Mia, it appears that he prayed for cross-examining the PWs already examined during his absence by recalling them for the ends of justice. It appears from the imp..

Category: Criminal Law | Date: | Hits: 68

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....h, he submits that the present Rule may be discharged, since the case in question being a double murder case has been transferred to the present Tribunal for speedy disposal in order to carve out the criminals of the country. Perused the application so filed under section 526 of the Code of Crimi......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......ribunal, Barisal, on the ground that the petitioners are men of Boga Union Parishad within Patuakhali district and that the present case having been transferred to Barisal Divisional Headquarter has created inconvenience to the petitioners in the matter of defendant themselves thereto. He further su..

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602....... sentenced to suffer RI for 3 (three) years and also to pay a fine of Taka 10,000 in default to suffer RI for 1 (one) year more, and why showing the present petitioner arrested on 5‑1‑2003 and thereafter issuing custody warrant against the petitioner by order dated 6‑1­-2003 passed by the Spe..

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......ing of the first information report in connection with this case the petitioner was apprehended by the police in a different case and subsequently, he was shown arrested in the present case. 4. Thereafter, the petitioner filed an application for bail before the Metropolitan Sessions Judge, Dhaka ..

Category: Criminal Law | Date: | Hits: 81

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d whether any part of it is contradictory if there are sufficient grounds for doing so. Taylor in his Law of Evidence, 11th edition, Article 725 puts in to the general law of admission with regard to criminal cases: "But if after the entire statement of the prisoner has been given in evidence, th......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......cution case has been narrated by Md. Jahangir Alam (PW 1), a Sub‑Inspector of Police of Cox's Bazar Police Station, which is as follows: While on mobile duty on 8‑4‑2002 towards Purba Bazar area, the informant got a telephonic message from Nazrul Islam (PW 7), the Manager of Hotel Nurani, t..

Category: Criminal Law | Date: | Hits: 128

Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

.... 2010. (From the judgment and order dated 4th March, 2010 passed by the High Court Division in Criminal Miscellaneous Case Nos. 15400 and 15505 of 2008) Judgment Md. Imman Ali J. - These two criminal petitions for Leave to Appeal are directed against the judgments and orders dated 4th March...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......iable Instruments Act, 1881 on 16-7-2007. 4. The petitioner who was accused in both cases appeared before the Metropolitan Magistrate, Chittagong prayed for and obtained bail on 3-2-2008. 5. Thereafter the cases were transferred to the Court of Metropolitan Sessions Judge, Chittagong on 30-4-2..

Category: Criminal Law | Date: | Hits: 75

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......tion of the detention will neither be urged nor enforced whatever be the result of the appeal. Leave was granted to examine the correctness of the observation of the learned Judges on the clause "whereas the Government is satis­fied" appearing in the detention order and similar language in the Ban..

Category: Criminal Law | Date: | Hits: 63

Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)

.... by both the parties against each other. 4. Mr. Syed Abu Kowser, learned Assistant Attorney-General for the State, opposes the Rule. 5. Considering this aspect of the case we find that the said criminal proceeding is required to be quashed to secure the ends of justice so that title may be set...... Sabdul Ali has obtained this Rule for quashing a proceeding in Non-GR Case No.157 under section 145 of the Code of Criminal Procedure now pending in the Court of the Magistrate, 1st Class, Zone-3, Mymensingh wherein this petitioner is the second party. 2. This Rule arises Out of the following ci...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ..

Category: Property Law | Date: | Hits: 75

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....ke a complaint against DW 1 Abdul Awal Minto under section 195(1)(c) read with section 476 of the Code of Criminal Procedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 ......1 he submitted the papers, he could not say, his Advocate could say. He could not say whether the deed No. 4133, Exhibit "kha" was submitted in Title Suit No. 47 of 1990. The seal on the deed reads Mymensingh. He denied that the date 31‑5‑1917 on the deed was written recently. One page stamp was......a). 19. Meanwhile, on the basis of said ex parte decree, said defendant Nos. 1 to 8 on 9‑1‑92 dispossessed the plaintiff from the suit land by forcibly entering into the suit land therein and breaking the huts. The defendants then erected furniture shop in the suit land in order to change the..

Category: Property Law | Date: | Hits: 85

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......der. 2. Facts, in short, are that a complainant filed a petition of complaint in the Court of Chief Metropol­itan Magistrate, Dhaka by opposite party No.1 al­leging that the accused petitioners created a registered deed of agreement for sale dated 24.7.70 with oppo­site party No.1 in order to ..

Category: Criminal Law | Date: | Hits: 95