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State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......8532 of 2010. 2. One Major (Retd.) Mohammad Hanif lodged an FIR with Gulshan Police Station against the respondent alleging, inter alia, that on 23rd February, 2010 at 22.10 hours some unknown miscreants threw 2(two) bombs aiming the office of Chairperson of BNP at Road No.86, House No.6, Gulshan..Category: Criminal Law | Date: | Hits: 98
State Vs. Jabbar, 2010, 39 CLC (AD)
....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ...... the said news, his brother Khandaker Belal Ahmed (P.W.1) approached there when Helal told him that Mizan intimated Jabber that Basir would kill him and on hearing the said news Mizan was excited. Thereafter the informant left the place with an auto-rickshaw and at that moment Helal told him, he w..Category: Criminal Law | Date: | Hits: 53
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....ecision, in my humble opinion, instead of supporting the plaintiff’s case supports the defendant's case. 24. Though P.W.2 is a witness to the agreement for sale, the defendant had instituted a criminal case against him and P.W.5 in respect of the suit lands for criminal trespass and other r......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ...... Court and also got formal possession of the suit lands through Court. His further case is that the plaintiff’s deed of agreement for sale dated 27th March, 1984 is ante-dated and collusive one, created for the purpose of grabbing the suit lands. 4. The trial Court on assessment of the eviden..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......e scene of occurrence and seeks refuge in the house of one Marzina Begum who later deposed in this case as P.W.1. The story that emerges is one of several van drivers along with P.W.s 8, 17 and 18 thereafter taking Taposh to the Union Parishad Chairman P.W.16 who later arranges for Taposh to be sent..Category: Criminal Law | Date: | Hits: 106
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
.... is a Money Suit instituted on behalf of the Jatiya Party and the matter is sub‑judice in the court of 3rd Subordinate Judge, Dhaka, and till that Money Suit is decided and judgment delivered, this criminal proceeding would cause serious prejudice to HM Ershad, the defendant in that case. This was......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......stant Attorney‑General and Farid Ahmed, Advocate ‑ For the Opposite Party. Criminal Revision No.120 of 1992. Judgment Anwarul Haque Chowdhury J. -This is an application under section 439 read with section 435 of the Code of Criminal Procedure and is directed against an order dated 11.1...Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....ischarged the present petitioner and took cognizance of the offence against the charge‑sheeted accused persons only in accordance with the final report. 5. Being aggrieved, the informant moved a criminal motion being numbered as 38(1) of 1989 before the learned Sessions Judge. The revision havi......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......ase, in brief, are that one Kuti Miah lodged FIR on 11.5.86 with the Baniachang Police Station alleging commission of offence under sections 147/148/149/302/324/114/427 of the Bangladesh Penal Code read with section 1(24) of the Cattle Trespass Act against 16 persons and the case being GR Case No...Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......hers stating that the accused persons are the directors of M/s. Nahar Shipping Lines Ltd., a Public Ltd. Company with registered Head Office at Red Cross Chamber, 3rd floor, 87, Motijheel Commercial Area, Dhaka and the total share capital of that company is 124,00,000/=. The value of each share is T..Category: Criminal Law | Date: | Hits: 89
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....ate for the appellants referred the case of Babul alias Abdul Majid Khan and others Vs. The State reported in 42 DLR (AD) 186 relevant page 187, wherein their Lordships in paragraph 9A held: "In a criminal trial the prosecution is obliged to establish by evidence that the crime charged has been c......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......en arrested by the police after a long time was also mercilessly tortured; both the accused persons were illegally confined in the police custody and then produced before the Magistrate holding out threat that they would be taken back by the police, if they do not make confession according to the di..Category: Criminal Law | Date: | Hits: 110
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....de of Civil Procedure and in a Criminal proceeding on the ground of an error apparent on the face of the record.” 16. According to Rule I of Order XXVI the power of review may be exercised in a criminal proceeding on the ground of error apparent on the face of the record. In case of civil proc......ed matters shall be initiated and continued under the ACC Act of 2004 and the Rules framed thereunder. Furthermore, we are of the view that if the actus reus of an offence is committed with necessary mens rea, it remains an offence for all time to come, even if the provisions of law creating the sai......Begum Khadija Islam, Chairman of Nirman Construction with assurance that an work order would be awarded to her for construction of an eighty (80) MW capacity power station in Tongi, BISIC Industrial Area through his close friend and business partner Tarique Rahman, the petitioner and being induced b..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....of the petitioners Nos. 1 & 3 order of suspension was withdrawn after 7 (seven) years in June, 1985. 6. Being aggrieved and dis‑satisfied with the initiation, revival and prolongation of the criminal proceeding, being Special Case No.161 of 1984 arising out of GR Case No.171 of 1971 being M...... been taken up for trial as yet. 5. It is submitted that the instant proceeding was initiated in August 1978 and since then many years have already passed but the trial has not been held causing immense suffering to the accused petitioners. It is further submitted that Mostafa Anwar, the principa......of 1991 (Dhaka). Judgment Habibur Rahman Khan J.- On an application under section 561A of the Code of Criminal Procedure filed by AKM Mohinus Saleh, the then Manager, Jessore Krishi Bank and thereafter a Senior Officer, Bangladesh Krishi Bank, Comilla and 2 others, a Rule was issued by this Co..Category: Criminal Law | Date: | Hits: 80
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....e to mention that the Contempt of Court Act 1926 has not given any definition as such to explain what constitutes an offence of contempt. It is needless to mention that contempt proceeding is a quasi-criminal proceeding and in such a proceeding, heavy burden has been thrust upon the contempt petitio......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......he respondent No.5 he opened a monthly saving scheme account as provided by the respondent No.5. The respondent No.5 attracted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wherein Article ..Category: Employment/Service Law | Date: | Hits: 115
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......sions Judge and Special Judge, Meherpur who by judgment and order dated 1.11.90 found appellant Abdul Hakim of Criminal Appeal No.1180/90 guilty of the charge under sections 409/467 of the Penal Code read with section 5(2) of Act II of 1947 and he convicted and sentenced him to suffer rigorous impri..Category: Criminal Law | Date: | Hits: 84
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......Azizul Huq caused injury on the waist of Eshaque and accused Mojibul Huq throttled him and accused Shahabuddin dealt fist blows to his person. Accused Joynal Abedin brought a gun from the house and threatened to shoot Eshaque. On hearing the hue and cry of Eshaque, the local people, including the P...Category: Criminal Law | Date: | Hits: 79
....ees (Efficiency and Discipline) Statute deals with suspension and (omitting sub‑paragraphs (1) and (3) of the paragraph 15 as they deal with arrest or conviction of an employee of the University on criminal charged he refers to sub‑paragraph (2) of paragraph 15 of the said Second Statute of the ......hereafter extended till 13.8.91 which order stands vacated today.
2. The case of the petitioner is, that he passed the SSC Examination from the Dhaka Board in the First Division in 1968 from the Mymensingh Cadet College obtaining 73.7% marks and passed HSC Examination from the same College in the......dents shall not be directed to cancel, rescind or withdraw the same. At the time of issuance of the Rule operation of the impugned order dated 7.7.91 (Annexure A) was stayed till 31 July, 1991 and thereafter extended till 13.8.91 which order stands vacated today.
2. The case of the petitioner is,..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....78 and 4679 of 2008. At the time of issuance of the Rules, further proceedings of both the Druta Bichar Tribunal cases were stayed. 6. A Division Bench of the High Court Division after hearing the criminal miscellaneous cases by the judgment and order dated 28-8-2008 made the Rules absolute and q......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......n 39 of the Act, 1990 in quashing the Duta Bichar Tribunal cases in question on the applications filed by the respondent under section 561A of the Code of Criminal Procedure (the Code). 11. From a reading of the judgment of the High Court Division, it appears that it held that the language of s..Category: Criminal Law | Date: | Hits: 112
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 64
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....spite of all out efforts made by them, they failed to arrest the other accused including the petitioner. It is, however, stated that above-mentioned statements of the investigating agency of the said criminal case are absolutely mala fide in view of the fact that the petitioner contested the electio......Rights with which passport authority is interfering, when it refuses or impounds or cancels a passport. It is a highly valuable right which is a part of personal liberty, an aspect of the spiritual dimension of man, and it should not be lightly interfered with. In the facts and circumstances of t...... petitioner did not yield to such pressure. On 8.5.86 he got a valid Bangladeshi International Passport. On 6.11.86 he left Dhaka for London with the said valid travel document for arranging medical treatment for his left leg. While in London he issued different statements relating to pressures that..Category: Constitutional Law | Date: | Hits: 288
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....ltimately the accused fled away from the house of the informant in the morning on 5-1-1995. The accused had misappropriated the money paid by the informant and thereby he had committed the offence of criminal breach of trust and accordingly the informant lodged the instant FIR with Mohammadpur Polic......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......e Mrs. Tahmina Akhter requested the informant to give money for the business of importing powder milk but the informant did not agree to pay the money. Subsequently the accused along with his wife created a cordial relationship with the family members of the informant and addressed the informant..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....ss and until it is prescribed by law or made in any specific contract with principal. The plaintiff has failed to produce any evidence to show that for such an action of the principal which has got a criminal liability the agent defendant No.3 will be liable. This action of criminal nature is an act......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......which was insured with the plaintiff covering a sum of Tk. 20 lacs. 2. On 3.9.80, in the late afternoon, when this coaster MV Zahirabad laden with 15000 bags of cement had been waiting in the midstream of Karnafully in the vicinity of Patenga Khal No.14 looking for fair weather in order to sail t..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......ion. In support of his contention the learned Advocate referred to a full Bench decision in the case of Emperor Vs. Maunga Ba Thon, reported in 32 CrLJ 950 (of the Rangoon High Court). Section 436 reads as follows: "436. Power to order inquiry.- On examining any record under section 435 or oth..Category: Criminal Law | Date: | Hits: 78
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