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Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....granting bail to these appellants. (iii) That the appellants have been held in jail custody since 12.7.1988 for about 2‑1/2 years without trial and this is highly derogatory to the principles of criminal justice and the fundamental rights as guaranteed and enshrined under Article 35(3) of our C......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......100000.00 which were seized in presence of local witnesses and a seizure‑list was prepared and then the case was started by filing a First Information Report under section 156(8) of the Customs Act read with section 25B of the Special Powers Act of 1974. On registration of the case, the informant ..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....dead body of her husband was held on 7.5.86. Thereafter she came to know that a case has been instituted about the murder of her husband but she did not receive any information as to the fate of that criminal case. Thereafter she, being a helpless poor widow, could not take any information from any ...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......ccused No.1 namely, ASM Abdur Rob fired from his gun injuring 20/25 persons of whom two namely, Jitendra Kumar Dhupi and Tajul Islam was seriously injured and they died in the hospital immediately thereafter. On the same incident there was another First Information Report filed by Abdur Rab Kanungo,..Category: Criminal Law | Date: | Hits: 85
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....ecember, 1865, the Letters Patent for the High Court of Judicature at Fort William in Bengal came into being and in this Letters Patent, 1865, the High Court of Judicature was given all powers civil, criminal and admiralty. Section 32 of the Letters Patent of the year 1865 has given to the High Cour......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171....... the contract, went to Madras and there it met with an accident. It is alleged that in order to save the vessel, it had to jettison 100 drums of palm oil and then after about 8 months and few days it reached Chittagong. The owner of the vessel, after the alleged jettisoning, declared general average..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......finite proof that he had kept the gun would not incriminate him. He has submitted that the circumstances of the case would show that the appellant had not kept the gun with intention which might form mens rea. Under these circumstance, he has submitted, the accused is entitled to acquittal and the j......J.- This appeal is directed against the Judgment and order dated 24.4.86 passed by the Subordinate Judge and Special Tribunal No.1 convicting the accused‑appellant under section 19A of the Arms Act read with Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for seven year..Category: Criminal Law | Date: | Hits: 85
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ccused from the house of the informant and regarding that matter when the wife of the informant made query to Khorshed on the date of occurrence in the house of sister, Khorshed became agitated and threatened to teach a good lesson to Sufia. Actually he attacked Sufia Khatun when she along with her ..Category: Criminal Law | Date: | Hits: 54
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......, Rahter Nessa and Jahura Khatoon, the said owners while in possession of their respective shares sold 45 decimals of land of plot No.347 to the plaintiffs by a registered Kabala dated 23-10-1954. Thereafter Shahara Banu, Atar Jan and Rahter Nessa sold 15 decimals of land out of plot No.347 to plain..Category: Property Law | Date: | Hits: 65
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... The petitioner further states that investigation of the case has not been completed and no charge sheet has been submitted. Mr. Sheikh Atiar Rahman firstly, submits that the case does not disclose a criminal liability. Secondly, for the dishonoured cheque a proceeding under section 48 of the Negoti...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......inue. 3. We have examined the amended section 48 of the Negotiable Instrument Act, 1881. No doubt under section 48 of that Act a criminal case may be instituted for dishonouring a cheque. But from reading of section 48 of the Act we do not find that institution of this case under Penal Code is ba..Category: Criminal Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....9-95 giving rise to Nari-O-Shishu Nirjatan Case No.8 of 1996. The plaintiff having obtained ball from the High Court Division of the Supreme Court of Bangladesh on 29-9-1996 with a view to out of the criminal case, filed Family Suit No.27 of 1996 just as a counter blast. 10. Family Suit No.27 of ......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......ook his sister-in-law Jahan to her father’s house on 1-11-95. 5. Opposite Party Nos.2-5 confined Jahan and pressurised her to disown the marriage. She was even corporally punished. A few days thereafter the husband sent one of his relations to bring back Jahan as well to be apprised of the date..Category: Family Law | Date: | Hits: 166
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......ve and not binding upon the plaintiff petitioners and also for a direction to the defendants to hand over possession of the suit land to the plaintiffs. The case of the plaintiffs, as it appears by a reading of this application and the counter affidavit of the defendant opposite parties and the impu..Category: Property Law | Date: | Hits: 68
Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......formant P.W.4 Shamim Ahmed Haydari was sleeping with other inmates of the house in the night following 10-11-94. At about 2-00 AM he and his wife P.W.5 Majeda Akhter Banu woke up on hearing sound of breaking the grill and at the same time 7/8 unknown dacoits being armed with dagger, torch light and ..Category: Criminal Law | Date: | Hits: 78
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......t 1-15 PM informant Md. Nazrul Islam Sarwar Halder lodged First Information Report alleging that he proceeding from Banaripara towards Jubbudip Brick Field by rickshaw along with Khalil and Mitho and reached the place of occurrence the accused petitioners armed with deadly weapons came there by 3 mo..Category: Criminal Law | Date: | Hits: 84
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....ion 103 of the Cr.P.C. cannot be applicable because if the police disclose about such secret information to the members of the public, it will not be possible on their part to apprehend any suspected criminal. In this particular case for the reason stated above, we are of the view that prosecution c......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......) for six months more. 2. The prosecution case is that police of Batiaghata PS on receipt of an information that some dacoits would assemble at Jalma Ferry ghat for commission of dacoity in Dacop area, went to that Ferry ghat and when they found 5/6 persons boarding a trawler, suspected them to b..Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......riminal Appeal No. 1026 of 1992. Judgment Md. Hamidul Haque J.- This appeal is directed against the Judgment, order of conviction and sentence passed by the learned Additional Sessions Judge, Mymensingh in Sessions Case No.130/94 convicting the appellant under section 302 of the Penal Code and......e of Taka 3000.00 in default to suffer RI for one year more. 2. The appellant was absconding and trial was held in his absence after observing the formalities. Subsequently, he was arrested and thereafter he filed this appeal from jail which was numbered Criminal Appeal No.1026 of 1992 and subseq..Category: Criminal Law | Date: | Hits: 74
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....an, Advocate — For the Accused-Appellants. Mohammad Mostafa, Assistant Attorney- General — For the Respondent-State. Criminal Appeal No. 892 of 1995. Judgment Md. Hasan Ameen J.- This criminal appeal, at the instance of four accused-appellants, namely (1) Rafiqul Islam alias Rafiq, (......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488......., etc. and that the informant raised alarm, when the neighbours rushed there who had seen and heard the occurrence and in the meantime the dacoits fled away therefrom with booty and at the time of retreating they opened fire. The dacoits looted away ornaments, cash money and other valuables worth Ta..Category: Criminal Law | Date: | Hits: 70
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ...... referred to such report. 6. Be that as it may, we shall have to see whether mere possession of a forged or counterfeit note constitutes an offence under section 489B of the Penal Code. Section reads as hereunder, 489B. "Whoever sells to, or buys or receives from, any other person, or othe..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....uation prevailed in the District. It has also been stated in the grounds of detention that due to his illegal activities the law and order situation has deteriorated. 6. It appears that 4 specific criminal cases besides one GD entry are pending against the detenu. 7. But the pendency of crimin......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ...... has no manner of connection and prays for releasing the detenu from detention. 4. Mr. ABM Waliur Rahman Khan, learned Assistant Attorney-General, opposes the Rule stating that the allegation of breaking and trampling the photograph of the Prime Minister amounts to prejudicial act as defined in ..Category: Criminal Law | Date: | Hits: 69
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....ulating possession of the land between the same parties the Magistrate acted without jurisdiction in initiating the proceeding under section 145 Cr.P.C. Following the above principle we hold that the criminal court has no jurisdiction to draw up any proceeding under section 145 Cr.P.C. and the Magis......ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......esaid general diaries, the officer in charge of the said police station submitted a report recommending for appointment of a receiver under section 145 Cr.P.C. stating that there was apprehension of breach of peace and the proceeding under section 145 Cr.P.C. was drawn by the learned Magistrate on 2..Category: Criminal Law | Date: | Hits: 237
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
.... of Bureau of Anti-Corruption and that no prior order from the Magistrate, First Class was obtained prior to making inquiry into an offence said to have been committed under section 5 of the Act i.e. criminal misconduct, but for that trial of the said offence on the basis of the said report will not......91 under section 409 of the Penal Code and section 5(2) of the Prevention of Corruption Act (II of 1947), pending in the court of Additional Sessions Judge, 3rd Court and Special Judge, Court No.4, Mymensingh should not be quashed. 2. Petitioner Sree Bimal Chandra Adhikari was Godown/Store Keeper......il and 11.4 gallons mobil oil valued Taka 48,405.00 and the same was detected at the time of inspection that was held on 24-7-1983. In the background of the aforesaid facts District Anti Corruption Bureau, Mymensingh lodged a FIR on 22-10-1991 and thereupon Bhaluka PS Case No.5 dated 22-10-1991 was ..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
.... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278....... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......istrate on detailed discussion and proper appreciation of the evidence on record found that the prosecution proved the guilt of the accused persons under sections 447/379/427 of the Penal Code beyond reasonable doubts. The learned Additional Sessions Judge, in his turn, also duly considered the mate..Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274....... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......uption), Dhaka refusing to discharge the accused-petitioner from being charged under sections 4(2) and 5(1) of the Anti-Corruption Act, 1957 should not be set aside. 2. Facts, in short, are that Bureau of Anti Corruption, hereinafter referred to as the Bureau, issued a notice under section 4(1) o..Category: Criminal Law | Date: | Hits: 62
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