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Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......ngsu were standing outside who suddenly hurled acid causing burning injuries at the chin, back, chest, left and right hand of Pushpa Rani. Kazal also received burning injuries. Having had heard the screaming their father, mother (P.W.4), uncle Sukumar (P.W.6) rushed to the spot and found the accused..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......, Hablu aged about 6 years, made a G.D.E. with Kapashia Police Station on 26.9.1991 stating that his youngest brother Hablu went to Trimohoni Bazar from their house in the evening on 22.9.1991 but thereafter, he did not return home. The informant party searched for him but could not trace him out. O..Category: Criminal Law | Date: | Hits: 69
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....f with effect from 24.11.70 for an indefinite period. The plaintiffs approached for their reinstatement in Janata Bank which succeeded the said United Bank under President's Order No. 26 of 1972. The criminal cases were registered as Sessions case Nos. 177, 178, 179 and 180 of 1981 and the Sessions ...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ...... for the suit. While the suit was pending the defendant filed a petition praying for return of the plaint in view of the Administrative Tribunal Act VII of 1981 as amended up to date alleging that by reason of section of the Act the case is not cognizable by the Civil Court and the plaintiffs relief..Category: Administrative Law | Date: | Hits: 189
Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......e provisions for trial in absentia under the Special Powers Act, 1974 was made in section 27(6) of that Act. Section 27(6) of the Special Powers Act runs as follows: "(6) If a Special Tribunal has reason to believe that an accused person has absconded or is concealing himself so that he cannot be..Category: Criminal Law | Date: | Hits: 67
....was necessary for his own safety which was likely to be jeopardized by the spontaneous attack of the people on the supporters of the former regime. If the detenu had practiced corruption or committed criminal misconduct by abusing his position while in office, the law would take its own course. The ......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......tma Ram Shridhar Veidya (AIR 1951 (SC) 157); Nurunnahar Begum Vs. Government of the People's Republic of Bangladesh and others (29 DLR 372); Keshave Nilkanth Joglekar Vs. The Commissioner of Police, Greater Bombay and others (AIR 1957 (SC) 28); Nagen Murmu Vs. The State of West Bengal (AIR 1973 (SC)..
Category: Constitutional Law | Date: | Hits: 178
Dulal and others Vs. State, 1990, 19 CLC (HCD)
....s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......arkir J. - This is an application for bail. 2. Heard the learned Advocates and perused the application. 3. The accused ‑petitioners were convicted in absentia by the Magistrate, 1 st Class, Mymensingh, Sadar under section 384 BPC and sentenced to suffer rigorous imprisonment for 3 years and ......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....isal and the plaintiff’s younger brother Abdul Matin before the Hon'ble High Court, Dhaka in 1966 making some defamatory allegations against the plaintiff as well. 4. Thereupon plaintiff filed a criminal case in the Court of SDO Dhaka against the defendants u/s. 500 BPC being Case No. 11 17A/67......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314....... J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the defenda..Category: Civil Law | Date: | Hits: 89
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312....... for exercise of discretion in favour of the petitioner for the purpose of bail. In this behalf the provision contained in section 497, CrPC would have to be kept in mind. (e) that unless there is reasonable explanation, the petitioner should have earlier moved the Sessions Court for the same rel..Category: Criminal Law | Date: | Hits: 61
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......al Judge, Dhaka in Special Case No. 23 of 1987 shall not be modified stating the accused petitioners should be deemed to have been released on 8.12.88 on stopping the proceedings and why the sentence reading “সরকার ইচ্ছা করিলে মামলা পূনজীর্ব..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......cused along with others. They appeared before the Court of Sessions and Special Tribunal Judge for trial in Special Tribunal case No. 1 of 1986 to answer a charge punishable under sections 336/302/34 read with sections 7/9 of the Cruelty to Women (Deterrent Punishment) Ordinance and under the Specia..Category: Criminal Law | Date: | Hits: 74
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......t. In support of his contention he put reliance in the case of Syed Ahmed and another Vs. The State and another, reported in 1984 BLD 133. In para 5 of the case it is observed as follows: "5. As already stated sub‑section (7) of section 167 Cr.P.C. speaks of conclusion of investigation within t..Category: Criminal Law | Date: | Hits: 66
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......1988. Judgment Aminul‑ur‑Rahman Khan J. - The 9 accused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: ...... stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the informant along with 6 or 7 others including his brother Abdul Matin, cousin Shahid and sister's husband Shamsuddin went to reap the ripe paddies from his purchased land of plot No. 1050. It was about 7‑00 AM when they had..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......ws house in Dhakkin Shihipasha and found the dead body of Momtaj Begum with injuries on her neck and blood coming out through the nose. He also saw that the condemned prisoner and his relations had already dug a grave for her burial. At this he became suspicious about the death of his daughter and a..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......erned promised to supply him with a certified copy of the Judgment free of cost on 30.11.89 but on that date the Bench Clerk failed to supply the same on the plea that the certified copy was not made ready. Then the Court was closed for a month and on the re‑opening on 31.12.89 the appellant's bro..Category: Criminal Law | Date: | Hits: 70
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......ed the application to the Upzila Magistrate who directed the Officer‑in‑Charge of Tangibari PS to inquire into the matter. The Investigating Officer submitted his report after holding enquiry. Thereafter charge sheet was submitted against the petitioners under sections 143/447/379 of the Penal C..Category: Criminal Law | Date: | Hits: 66
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....stitution reads as follows: "35(2). No person shall be prosecuted and punished for the same offence more than once." Article 35(2) of the Constitution relates to prosecution and punishment in a criminal offence in a court of law and does not relate to a departmental proceeding. Therefore, Arti......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237....... ঘাটতি প্রদর্শন” i.e. excessive and unauthorised transit shortage valued at Tk. 47,90,521.60). The petitioner submitted his defence on 14.3.87 as shown in Annexure‑B. Thereafter the said proceeding was cancelled by Memo No. 1807(7) dated 6.6.87 (Annexure‑C) add a fres..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....used‑petitioner was that he was innocent and he did not put any lock on the shop. The complainant had taken away the merchandise and his belongings from the shop in the month of July, 1985, and the criminal case was filed only to avoid payment of arrear rents. 7. The learned Metropolitan Magist......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......ter line of the house and also electricity lines. On 2.9.85 the accused‑petitioner put a lock on the complainant's shop. On 17.9.85 at 10‑30 PM the accused petitioner trespassed into the shop by breaking the back wall of the shop and removed articles worth Taka 3,50,000.00 from the shop. 5. C..Category: Criminal Law | Date: | Hits: 59
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230....... দায়ের করিতে কিছু বিলম্ব হইল।” 3. Police after investigation Submitted charge‑sheet against the appellant Lukus Miah under section 493/376 BPC read with the Cruelty to Women Ordinance, 1983. The accused appellant was charged as under: ..Category: Criminal Law | Date: | Hits: 68
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....this court as required under the "Proviso" to sub‑section (3) of the section which reads as follows: "Provided no application shall be to the High Court Division for transferring a case from one criminal court to another criminal court in the same Sessions Division, unless an application for su......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ...... of the Code of Criminal Procedure for transfer of Special Tribunal Case No. 60 of 1991 now pending in the Court of Senior Special Tribunal No. 1, Dhaka on the grounds, inter alia, that there arose a reasonable apprehension in the mind of the accused that he would not get a fair and impartial trial ..Category: Criminal Law | Date: | Hits: 73
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