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Tapan and others Vs. State, 2012, 41 CLC (AD)
....der sections 302/34 of the Penal Code and sentenced each of them to death. The High Court Division heard the death reference along with the connected jail appeals preferred by the petitioners and the criminal appeals and by the impugned judgment, accepted the death reference, maintained the convicti......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......Samity for prevention of crimes in the locality. Petitioners demanded toll of Taka 20,000 from one Milon and on getting such information, the deceased revoked the accused persons against which they threatened him to dire consequences. On the fateful night, when the victim was returning home he was a..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....action should not be taken:
Provided that this clause shall not apply-(i) where a person is dismissed or removed or reduced in rank on, the ground of conduct which hasrle4 to his conviction of a criminal offence; or
(ii) where the authority empowered to dismiss or remove a person or to red...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......ithout jurisdiction, ineffective and not binding upon the plaintiff and also for a direction to the defendant-opposite parties to reinstate the plaintiff-petitioner in his service and post with all arrear salaries, seniority, facilities and benefit in accordance with law. The respective case of the ..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....e to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399of2001) Judgment Syed Mahmud Hossain J.- This criminal petition is by the convict-petitioners for leave to appeal from the judgment and order date......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......le the dispute amicably. After that, Korban Ali proceeded towards the home of the accused and his son Golam Mowla had been returning from the paddy filed and Korban was ahead of his son and when they reached in front of the house of the accused, Shahjahan, Hafiz, Saidul, Alepuddin, Yunus, Gafur, Soh..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......udgment August 6, 2012. Result: The petition is disposed of with the observations. Guidelines for absorption in the revenue set up (i) Whenever any vacancy in LGED is created in the revenue set up, it shall consider for absorption of employees or officers of the devel..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respondent Judgment August 6, 2012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advoc......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......le the dispute amicably. After that, Korban Ali proceeded towards the home of the accused and his son Golam Mowla had been returning from the paddy filed and Korban was ahead of his son and when they reached in front of the house of the accused, Shahjahan, Hafiz, Saidul, Alepuddin, Yunus, Gafur, Soh..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......e-sheet in case and eventually the case was taken up by the trial court for trial, and in the midst of trial, on the prayer of the prosecution, the case was sent back for further investigation on the reasoning that some accused persons who are directly involved in the incident have been left ou..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....y of the charges relying upon their confessional statements and the circumstantial evidence. The trial Court, however, was of the view that the prosecution had failed to prove the charge of criminal conspiracy against all the accused-persons. All the convicted persons preferred appeal......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......had love affair with one Samanja and when he came to know that Jibran had also an affair with Samanja, Titu confronted Jibran but the latter had denied of having such affair at which Titu threatened him to leave the country otherwise he would cause severe harm to him. It is the claim of th..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....al No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Order Nazmun Ara Sultana J. - The delay in filing this criminal petition is condoned. 2. Convict-appellant Md. Shahabuddin has filed this Criminal Pet......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......njury. Seraj Ullah fell down on the ground and then the other accused persons also assaulted him with various weapons causing several cut and swelling injuries on his person. The accused persons thereafter left the place of occurrence. The injured Siraj Ullah was then taken to the hospital for t..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......nt into the judicial custody. The learned Magistrate also noticed from materials on record that the accused was sick and accordingly, directed the Jail authority to make arrangement for his proper treatment. 3. This order sufficiently indicated that despite the prayer for police remand, the Mag..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....l appearing for the State submits that on inquiry the learned Magistrate, 3rd Class, found a prima-facie case against the accuseds. By referring a decision he also submits where a prima facie case of criminal offence has been clearly made out, the High Court Division in a proceeding under Section 56...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......in the petition of complaint informed Mosonullah, victim of the case, that Settlement field Ammen was in the house of Arfanullah. With a bonafide belief the victim went to the house of Arfanullah. Thereafter the victim was missing. It is alleged that the accseds confined the victim in the house of A..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....30 and the case of Hafez Munshi alias Hafizur Rahman Vs. State reported in 13 BLD 461. 25. We have heard the learned Advocates of both the parties and perused the record. It appears that instant criminal proceeding was started on an FIR No.13 dated 22-9-1996 lodged by P.W.1 brother of the victi......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......levision, VCR and other valuable were kept under the said chowki. He further submits that the accused-appellant used to earn money by shawing the Film through VCR and Television to the Public in the area. He further submits that on hearing the sound (খস খস) the accused-appellant thought that..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Jamat Ali Vs. State, 2012, 41 CLC (AD)
....has been awarded a sentence of life imprisonment by the appellate court we are inclined to commute the death sentence of this accused-petitioner Jamat Ali also to life imprisonment. 10. So, this criminal petition for leave to appeal be dismissed with the modification of sentence of the acc...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......ycle. Then and there the accused Jamat Ali appeared there and on his asking the victim went with him inside a near by tea stall of one Ataur and took tea with accused Jamat and others there. Since thereafter the whereabouts of the victim Fazlul Haque were untraceable. Subsequently at the showing of ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....mned-prisoner should be acquitted. He lastly submits that the sentence is severe and that if the previous history of the condemned-prisoner is considered, it appears that he had no involvement in any criminal case in the past and that considering the age his sentence of death should be commuted to o......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......commencement of the trial, the learned Additional Sessions Judge, Manikgonj framed charge against both the accused including the condemned-prisoner under section 302 of the Penal Code. The charge was read over to both the accused who pleaded not guilty and claimed to be tried. 6. At the trial,..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......nce of the provision it is generally seen that the Investigating Officer does not fill the urge to complete the investigation within time thus, keeps the matter hanging, which conversely prejudices immensely the interest of the accused petitioners against whom allegations under the respective provis......ince rule 10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigation within the prescribed period of time cannot be treated as mandatory, rather it is directory. However, in such cases while accepting the police repor..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....nviction for murder." 21. The case reported in 18 BLD 655 = 4 BLC 43 between State Vs. Ali Hossain a Bench of this Division, cited on what of the petitioners, a death reference along with a criminal appeal and a Jail appeal against the conviction, while assessing the evidence on record in ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... there is nothing to disagree with this settled position of law.......... (17) Confession, not a mere scrap of paper A confessional statement is not a mere scrap of paper and it provides a great clue in cases where the accuseds are unknown culprits and are Known only amongst their associat..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......n-opposition controverting the material statements made in the writ petition. Their case, in short, is that some names of the voters appeared in the list in more than one polling station and the reason is that the lists sent by the different Bar Associations had been printed by the Bar Council ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......he letter dated 29-4-2001 by the Commission to the effect that it filed the allegation (নথিভূক্ত) against the petitioner as per the recommendation made in the report, there was no reason to proceed with the case for the alleged commission of offence by the petitioner under se..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... to the objection of the petitioner stating that the bills could not be exempted. The said Office sent another notice dated 12-05-2004 requesting the petitioner to pay the arrear bills, failing which criminal action would be taken. But neither the said reply nor the notice could be served because of......ct that the petitioner was not a bank loan defaulter. 5. The third source was a letter dated 02-12-2008 under memo No.T-R/mm/Nirbachan/08 sent by the Accounts Officer, Telephone Revenue, BTCL, Mymensingh (Respondent No.10) about the non-payment of telephone bills by the petitioner for an amount......stating that the petitioner was a bank loan defaulter for an amount of Tk.15,44,32,437.31 as on 30-11-2008. 4. The second source was a letter issued by the Joint Director of Credit Information Bureau (shortly,CIB) of the Bangladesh Bank, (Respondent No.8) under Memo No.CIB-1(90)/208-30295 ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....petitioner did not issue any cheque in favour of the complainant and that the latter by threat and coercion with the help of other persons obtained his signatures on five blank cheques over which a criminal case is pending before the Chief Metropolitan Magistrate and therefore, the proceeding is l......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......ore the High Court Division for quashing the proceedings. In the High Court Division, it was urged that the petitioner did not issue any cheque in favour of the complainant and that the latter by threat and coercion with the help of other persons obtained his signatures on five blank cheques over ..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.2967 of 2002 (criminal appeal was dismissed) is set aside. Cases Referred to- Joginder Singh Vs. State o......lly have foreseen that consequences prohibited by the law would be likely to result from his conduct. If die accused did not have this necessary foresight he will be acquitted because of lack of mens rea. On the other hand, if he did foresee that these prohibited consequences would be like......t Md. Muzammel Hossain CJ.- I have gone through the judgments proposed to be delivered by my brothers, Surendra Kumar Sinha J, Md. Abdul Wahhab Miah J and Muhammad Imman Ali J.- I agree with the reasoning and findings given by Md. Abdul Wahhab Miah J. Surendra Kumar Sinha J.- I have read t..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
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