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Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....shed, the order of conviction and sentence are not sustainable in law. Section 34 of the Penal Code runs as follows:‑ "Acts done by several persons in furtherance of common intention. When a criminal act is done by several persons, in furtherance of the common intention of all, each or such......cused and which he could prove without difficulty or inconvenience. 27. It is not until a prima facie case is established by the prosecution by proof (1) conscious possession or actual control and mens rea or guilty knowledge that the onus shifts. 28. Mr. Aminul Huq submits that Ramna Police S......ore. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Islam alias Arun who was arrested in connection with Ramna PS Case No. 25 (10)86 dated 12.10.86 under sections 302/34 read with sections 3 and 4 of the Exclusive Substance Act and in course of investigation of the said..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......ment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, inter alia, that plaintiff is a statutory corporation created under PO No.28/72 for the purpose or operation, promotion and development of Coastal and Inla..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......ssional statements. Again the confessing accused made the statements under duress as they were made over to the police immediately after the making of their confessional statements. They were under threat that they would be sent back to the police in case they failed to make confessional statements ..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....rt and punishing citizens for commission of such actions and that it is the opinion of the vast majority of the citizens of this country that true statements made with regard to the judiciary are not criminal or quasi criminal offences. He stated "In the event that the superior judiciary is no longe......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......ustice, it is imperative that the orders of the Chamber Judge should be evaluated. It is also remarked that stay orders passed against the Government are being stayed rampantly and the tendency is increasing in a galloping way for the last 3 1/2 years. The according to him, are being made with the m..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......ved a legal notice through his lawyer on 22nd June, 2008 requesting the petitioner for payment of the money but the accused petitioner despite receipt of the notice did not respond to the request. Thereafter the respondent made the complaint. 3. Pursuant to the complaints the Chief Metropolitan M..Category: Criminal Law | Date: | Hits: 118
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......on. 2. The facts leading to this Writ Petition are somewhat lengthy. 3. It is alleged by the petitioner that three plots of lands appertaining to RS Plot Nos. 557, 558 & 559 comprising a total area of 1261,95 acres corresponding to CS Plots Nos. 521 and 522 in the CS record of right were the l..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....resented- the Respondent. Criminal Appeal No. 486 of 1989. Judgment AM Mahmudur Rahman J. - This application under section 5 of the Limitation Act, 1908 is for condonation of delay in filing criminal Appeal No. 486 of 1989 under section 30 of the Special Powers Act; 1974 from an order of co......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209...Category: Procedural Law | Date: | Hits: 76
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
.... Mia and some unknown persons with the help of the police forced the defendant No. 1 to sign a written statement against the will of the defendant No. 1 and this defendant out of fear of his life and criminal assault handed over the charge and signed the written statement. At that time a key out of ......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......l by added defendant No. 3 is directed against the judgment and decree dated 8.2.74 passed by the learned Subordinate Judge, 1st Court, Sylhet in Money Suit No. 3 of 1969 and arises out of a suit for realisation of Tk. 19050.12 paisa with interest at the rate of 9% till realisation. 2. The plaint..Category: Civil Law | Date: | Hits: 82
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....ty No.1 herein) "abandoned and deserted" the children including the said minor Fazle and also "harassed the accused No.1, mother of the said minor boy in various ways" and that the complainant in one criminal case was convicted to "6 months imprisonment" and "two thousand Taka fine" and created lots......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......also "harassed the accused No.1, mother of the said minor boy in various ways" and that the complainant in one criminal case was convicted to "6 months imprisonment" and "two thousand Taka fine" and created lots of troubles at the previous school wherein minor Fazle used to study and in all other co..Category: Family Law | Date: | Hits: 191
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....‘examination of the prosecution witnesses no adverse inference can be drawn against the prosecution. 13. It is common knowledge that now a days people are unwilling to depose in cases specially in criminal cases for various reasons. We have observed from the lower Court records of several cases t......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......was on duty at Motijheel Police Station as an emergency officer on patrol duty with government vehicle. At about 2‑15 PM he was going from Gulistan to Motijheel Police Station and as soon as he had reached Dainik Bangla crossing he found people running helter skelter and he moved towards the east ..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
.... as the Appellate Division, is the creation of the Constitution. As such, both the Divisions function according to the ConstituÂtion and the laws of the land. 6. The procedures for administering criminal justice are contained in the Code of Criminal Procedure, 1898 (the Code). The Chapter XXXIX......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......e, the accused-responÂdents appeared before the High Court Division on 8-6-2010 and prayed for anticipatory bail on the apprehension that if they surrender before the Court below, they would not be treated in accordance with law and would surely be given to police remand. 4. The High Court Divis..Category: Criminal Law | Date: | Hits: 89
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......ate. Criminal Appeal No. 265 of 1978. Judgment Md. Badruzzaman J. - This appeal is directed against the judgment and order dated 10.8.77 passed by the Additional Sessions Judge, 1st Court, Mymensingh, in Sessions Case No. 22 of 1976 convicting the 4 (four) accused‑ appellants, for the off...... BS corresponding to 9.4.75 when deceased Asak Ali along with PW 2 Yakub Ali, PW 4 Biddya Miah, PW 6 Jiban Ali and others were returning from Bukirbond Haor in the evening with cart load of paddy and reached near the pagar in the western side of the house of Fatik, accused appellants Kadu, Sadu, Sun..Category: Criminal Law | Date: | Hits: 74
Anwar Hossain Majhi Vs. Government of BanglaÂdesh & others, 1989, 18 CLC (HCD)
....organisation) Ordinance, 1982 (Ordinance No. LIX of 1982), hereinafter called the Ordinance, contained in Annexure‑D to the petition. The reasons for such suspension being shown therein that three criminal cases, mentioned therein, have been started against the said Chairman. 2. Heard the lear......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......overnment (Upazila Parishads and Upazila Administration ReÂorganisation) Ordinance, 1982 (Ordinance No. LIX of 1982), hereinafter called the Ordinance, contained in Annexure‑D to the petition. The reasons for such suspension being shown therein that three criminal cases, mentioned therein, have b..Category: Election Law | Date: | Hits: 121
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....e said decision it was noticed that under the provisions of section 22 of the Drugs Ordinance, 1982 Drug Court shall have exclusive jurisdiction to try an offence under that Ordinance and as such the criminal case pending in the Court of the Upazila Magistrate under the Drugs Ordinance was transferr......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......ive jurisdiction to try an offence under the provisions of the said Ordinance and the jurisdiction of the "Magistrate 1st Class is impliedly barred to try such an offence. Section 36 of the Ordinance reads as follows: "36. Procedure and powers of Labour Court.- (1) Subject to the provisions of th..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....tending parties actually reside and carry on business and personally work for gain in Dhaka and the cause of action of both the suits arose in Dhaka. On the self same allegation and cause of action a criminal case being Ramna Police Station Case No.57 dated 18.09.2004 under Sections 406, 420 and 506......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ...... 2. The present petitioner as plaintiff instituted Money Suit No.2 of 2005 on 22.09.2005 before the Court of Joint District Judge, 1st Court, Moulvibazar impleading the respondents as defendants for realization of Tk.1,83,84,152/- stating, inter alia, that on 18.03.2002 a contract was executed and ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ...... Sohel spoke incoherently at the Police Station, a GD Entry was recorded and pursuant to that GD entry the P.W.4 Md. Shawkat Alam Sub-Inspector of Police along with his accomÂpanying force and Sohel reached the house of Sohel at about 13-30 hours and started enquiry and in course of enquiry the sai..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....nced them to imprisonment for life. He, howÂever, found the other accused not guilty of the charge and acquitted them accordingly. 5. On appeal from the said judgment in order of conviction being criminal appeal No.123 of 1989, the High Court Division by the impugned judgment found the accused-r....... Habibur Rahman (P.W.12). According to his advise, the victim Rezaul Karim was shifted to the Sharishabari Hospital at about 11-00 AM. As his condition became critical, he was again shifted to the Mymensingh Medical College Hospital for treatment. At about 9-45 PM on the same day Rezaul Karim succu......us Salam. Abdul Haque, Abdus Samad, Asar Ali, Taib Ali Mondal, Julhas Hanju, Abdus Salam, Hatem Ali, Samu Sarder and Farhad Ali armed with lathi, fala etc. attacked said Rezaul Karim who ran away and reached at the road adjacent to the house of Faiz Mandal. Then the accused persons assaulted him by ..Category: Criminal Law | Date: | Hits: 90
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ...... confirmed the judgment and order of conviction by the judgment dated April 11, 1989. 6. Mr. Mia Abdul Gafur submits first, that the delay in lodging the complaint after 15 days of the occurrence creates sufficient doubt about the prosecution case. Secondly, the complain failed to prove exclusive..Category: Criminal Law | Date: | Hits: 73
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......ituted Artha Rin suit No.66 of 2006 in the Artha Rin Adalat No.1, Chittagong against the respondent No.1 for recovery of Tk. 53, 15,235 with interest pendentelite. The suit was eventually decreed. Thereafter, the decree-holdÂer put the decree into execution in Artha Rin Jari Case No.153 of 2007. As..Category: Civil Law | Date: | Hits: 113
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
.... Criminal Revision No.82 of 1985. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner under section 561A calling upon the opposite parties to show cause why the criminal proceeding in Petition Case No.113a of 1984 pending in the Court of the Upazila Magistrate,......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......leging that the accused petitioner Md. Shafiuddin Khan requested him for a friendly loan of Tk. 47,500.00 to meet his urgent requirements. He at first refused to comply with the request but at the entreaties of the accused he ultimately agreed to lend him the same. On 27.6.83 the accused received th..Category: Criminal Law | Date: | Hits: 132
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