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Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
.... In a recent Single Bench decision in the case of Naeemullah Vs. SSP Faisalabad and others 1992 Pakistan Criminal Law Journal 985 it was held that: "The excesses of police by involving citizens in criminal cases without reasonable cause and through abuse of power vesting under section 54 Cr.P.C. ......risdiction to try the case or not. This was to check any high handedness in the executive and as Khondaker Moshtaque Ahmed was not produced before any such Magistrate, the circumstances adds to the dimension of the contention that the arrest and subsequent proceeding was mala fide”. 15. The acc......t the entrance gate of Surja Sen Hall, one Ali Hossain, a student of MA in history, Zahidur Rahman, a student of 2nd year Science of Zia Hall received bullet injuries on their persons and were under treatment in different hospitals. 3. The accused petitioner was arrested by the police on 3.9.92 a..Category: Criminal Law | Date: | Hits: 87
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......at time he noticed some injuries on the left side of the ribs as well as on the right cheek of the deceased and suspecting foul play sent the dead body to the morgue for post‑mortem examination. Thereafter on receipt of the post mortem examination report it was found that Rozina Khatun was murdere..Category: Criminal Law | Date: | Hits: 66
....s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
...... to him and other members of the said Union Parishad. On the prayer of the petitioner the Deputy Commissioner, Pabna fixed 11th August, 1988 for administering oath of office for the petitioner and thereafter, on further application filed by the petitioner, the Deputy Commissioner, Pabna is said to h..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....ve already found that there was no agreement to deliver the goods at Chittagong. In the circumstances seizing the goods at Chittagong before the time to deliver the same in Dhaka arose and filing the criminal case subsequently on 25.8.85 before the Chief Metropolitan Magistrate, Dhaka was only to pu......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......uiry they came to learn on 15.8.85 that the imported motor pumps were being sent through M/s. Shawket Transport. The said goods were seized with the help of police of Doublemooring police station. Thereafter complainant filed the complaint case before the Metropolitan Magistrate, Dhaka on 25.8.85. T..Category: Criminal Law | Date: | Hits: 69
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....e following day kicked her on the chest and abdomen and thereby killed her. Subsequently, the accused‑appellant and co-accuseds poured poison into the mouth of the deceased. Thereafter, the instant criminal case was started and the said Sub‑Inspector lodged a first information report with Iswarg......is Criminal Appeal, at the instance of accused‑appellant Giasuddin, is directed against the judgment and order, dated 19‑10‑1996, passed by the learned Additional Sessions Judge, First Court, Mymensingh in Sessions Case No. 186 of 1995 arising out of GR No. 70(2)90 corresponding to Iswarganj P......n rod and again on the following day kicked her on the chest and abdomen and thereby killed her. Subsequently, the accused‑appellant and co-accuseds poured poison into the mouth of the deceased. Thereafter, the instant criminal case was started and the said Sub‑Inspector lodged a first informati..Category: Criminal Law | Date: | Hits: 51
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327...Category: Criminal Law | Date: | Hits: 55
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...Category: Criminal Law | Date: | Hits: 62
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....t offence." 46. After close scrutiny of section 149 of the Penal Code, we are of the view that the section creates a distinct and separate offence in the sense it imposes vicarious or constructive criminal liability of the members of an unlawful assembly for any offence committed by any other mem......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......lant Fazal Fakir was destroying by ploughing the 'Mashkalai' sowed previous day. When Razzak Fakir and Pannu Fakir asked them not to plough, Mansur Fakir ordered 'catch and kill them'. Immediately thereafter, Fazlal Fakir brought out a knife from his waist and stabbed at the left chest of Razzak Fak..Category: Criminal Law | Date: | Hits: 60
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ...... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......a Bank (opposite party No.2) ("complainant") filed a petition of complaint on 31.03.1994 before the court of the learned Magistrate, Jessore under Sections 406/409/420/465/467/471 of the Penal Code read with Section 5(2) of Act II of 1947 against 17 accused persons including the petitioners. Accor..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......hat the father of the accused petitioner died in Dhaka during the period of his absconsion; that the accused-petitioner along with her mother put pressure upon the relations for marriage and thereafter marriage took place in between the complainant and accused-petitioner; that the mother of th..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....to have already undergone the sentence and paid the fine. 6. Be that as it may, feeling aggrieved by the judgment and order dated 20.08.2003 of this Division the appellant has now come up with the criminal review petition, which was granted by this Division on 20-08-2006. Hence, this appeal. 7......gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......ned Divisional Special Judge, Chittagong but the learned Divisional Special Judge sent back the case for correcting the charge sheet and then two supplementary charge sheets were submitted and thereafter the case was sent back to the learned Divisional Special Judge, Chittagong. 4. The appell..Category: Criminal Law | Date: | Hits: 89
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......, the plaintiff Nos.2-6, by a registered deed of gift dated 29.6.87 and delivered possession of the gifted land to them; the defendant No.1, who has no title and possession in the suit land, having threatened to dispossess the petitioners from the suit land, they brought Criminal Miscellaneous Case ..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......ting an agreement of tenancy for 5 years entered into the hut in holding No.1075 at a monthly rent of Tk.100.00, that defendant having not cleared the rent, a suit, being no.22 of 1975, was filed for realisation of rent of Tk. 1200/- and the same was decreed, that the defendant went on appeal and th..Category: Property Law | Date: | Hits: 64
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
.... by the impugned judgment quashed the proceedings. 5. It is contended on behalf of the Petitioner that the High Court Division transgressed its jurisdiction by quashing the proceedings of a criminal Case in exercise of its writ jurisdiction for, there are equally efficacious remedy avail......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......ion. 6. As noticed above, the learned Special Judge framed charge against the accused respondent under sections 409/420 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 read with section 156 of the Customs Act. Therefore, the submission that as the allegations made i..Category: Anti-Corruption Laws | Date: | Hits: 214
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
.... Senior Advocate Instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. None represented- the Respondent. Criminal Appeal No.11 of 2006. Judgment Md. Shamsul Huda J.- This criminal appeal is directed against the judgment and order dated 14.1.2004 passed by the High Court ......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......ssed by the learned Judge, Special Tribunal, Court No.3, Jessore in Special Tribunal Case No.5 of 1998 corresponding to G.R. No.158 of 1987 convicting the appellant under Section 19 A of the Arms Act read with Section 26 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonm..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......police Station alleging that on 28.8.2002 at about 10-30 P.M, when his only son Md. Ashraful Haque Molla alias Asha, the victim, and his companion Ratan were coming home from Nabigonj by rickshaw and reached near Jam-e-Masjid of Miapara the F.I.R. named accuseds and 4/5 others, who as planned were w..Category: Criminal Law | Date: | Hits: 56
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....before the High Court Division against the order of acquittal within 6(six) months from the date of judgment of the trial Court and if no reply is given by the Solicitor the complainant will file the criminal Revision petition against the order of acquittal before the High Court Division with the in......ts and the police after investigation submitted charge sheet against the respondents under Sections 364/406/420 of the Penal Code. The case record was eventually sent to the learned Sessions Judge, Mymensingh for trial. The Assistant Judge took up the case for trial and framed charge against the res......n 17.02.1999. They met Akbar Hossain at Bhaluka bus stand, when the informant asked about Rafiqul Islam, Akbar did not furnish any information and abused him. The informant failed to trace out the whereabouts of Rafiqul Islam. He gave TK. 2, 50,000.00 for sending Rafiqul Islam to Singapore in presen..Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....ence beyond pleadings, 38 DLR 39, on maintainability of the suit for simple declaration 16 DLR 272, 46 DLR (AD) 148, 2 XP (AD) 194, on adaption of deposition, AIR 1966 (SC) 1072 and on institution of criminal proceeding for using forged document 14 MLR (AD) 52-55. 26. We are not accepting written......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......ue sale permission and third one, Title Suit No.81 of 2006 was filed by the plaintiffs claimed to be the heirs of Shamsul Kabir Humayun Reza of Bara Mogbazar for declaration that their father was the real allottee and for permanent injunction. Although aforesaid three suits are for three different..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....stated that after proper investigation he submitted the charge sheet and seized the various alamats during investigation. 60. In cross-examination he stated that against accused Shahin and Al-Amin criminal cases were pending. He also admitted that Biplob was also accused in some of the criminal c......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ...... cut and he was laying on the paddy field near the bank of the river. Hearing the said news P.W.1 along with P.W.2 Alamgir, Md. Elim P.W. 5 and many others rushed to the place of occurrence and after reaching there they saw that Kader, P.W.11 Kazimuddin, P.W. 12 Zia, Mithu and Abul were taking victi..Category: Criminal Law | Date: | Hits: 76
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......vered one pipe-gym loaded with one cartridge, live cartridges and one Super automatic knife from his exclusive possession. The accused person having not any valid papers relating to those recovered firearms and ammunitions, the same were seized and a seizure list was prepared in presence of, the sei..Category: Criminal Law | Date: | Hits: 56
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