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Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ...... the High Court Division in Criminal Revision No.218 of 2002 discharging the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, interpolation, wron..Category: Criminal Law | Date: | Hits: 46
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......ved with the day to day affairs of Parliament, to investigate that lure and lust for office is not behind the defection, which is forbidden by the Constitution or to protect the Speakers from being accused of bad faith. 56. It was contended by Mr. Moudud Ahmed that the Speaker did not deliberat..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......04(2) "is clearly of a very limited character. That had to be so, because in so far as the decision with regard to the disqualification lay with the Chief Election commissioner, he (Speaker) might be accused of bad faith if he refused to make a reference and thus stifle an inquiry by the Chief Elect..Category: Constitutional Law | Date: | Hits: 138
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......ribunal Case No. 35 of 2004 corresponding Barisal Kotwali Thana Case No. 68 date 28.11.2003 and G.R. No. 682 of 200 rejecting the death reference and allowing; the criminal appeals and acquitting the accused respondents from the charge levelled against them. 3. The prosecution case, in short,..Category: Others | Date: | Hits: 66
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......r rigorous imprisonment for 3 months more in Sessions Case No. 21 of 1997. 2. The facts, in short, are that on 08.05.1995 informant Md. Enamul Haque lodged an FIR stating, inter alia, that the accused persons on the order of accused Sajjad attacked the informant and others and accused Enamul ..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......ing others. 2. The facts, in short, are that Md. Jashim Uddin @ Bachu lodged an F.I.R. at Nikli Thana on 20.05.1998 at 14.30 hours alleging, inter alia, that on 20.05.1998 at 10.00 A.M. 49 accused person including the accused appellants being armed with pipegun, ramdao, holong kirish, rod..Category: Criminal Law | Date: | Hits: 294
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ...... the respondent No.1 filed wealth statement. 6. On 27.09.2007 one Mr. Sheikh Mejbah Uddin, Assistant Director, Anti-Corruption Commission lodged an FIR against the respondent Nos.1 and 2 other accused with the Gulshan Police Station under Sections 26 and 27 of the Anti-Corruption Commission A..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ...... has concealed the information as to his illegal property. The respondent has concealed the information as to his property worth Tk. 92,60,543/- in his statement of asset. The respondent and to there accused in collusion with each other committed offence under Sections 26(2) and 27(1) of the Anti-Co..Category: Others | Date: | Hits: 98
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....ion is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......the learned Additional Deputy Attorney-General for the petitioner and the learned Advocate appearing for the respondents and perused the materials on record. 4. The respondents are the named accused in the case filed on FIR No. 05/278 dated 4-11-2009 under sections 143/323/324/325/326/307/3..Category: Others | Date: | Hits: 61
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
...... guideline has been given in subsections (2) and (3) as to the circumstances under which detention in police custody may be authorised………………(21)
Information which is extorted from an accused cannot be used against him.
If the purpose of interrogation of an accused is to extort in..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd 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: 15 BLC (AD) (2010) 140. ......riminately on the hand, legs and various parts of the body of the victim in order to kill him and on receiving about 7/8 bullets the victim fell down on the ground and then the respondents and others accused left the place and then the companion of the victim and another woman took the victim to the..Category: Others | Date: | Hits: 93
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......edure. Inherent jurisdiction of the High Court Division can be exercised in a proper case to quash proceedings 'to secure the ends of justice'. Ordinarily criminal proceedings instituted against an accused should have been tried under the provisions of the Code of Criminal Procedure and the High C..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....and due to absence of the other accused persons including the accused-appellant the charge was framed in their absence. The Court was also pleased to appoint the State Defence Lawyer in favour of the absconding accused persons. 5. The trial of the instant case was started under Sections 302/1......er took up the investigation of the instant case, visited the place of occurrence, recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure. He also arrested the accused persons and made necessary arrangement to record the confessional statements of 2(two) accus..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......1 corresponding to G.R. No. 396 of 2001. 2. The facts, in short, are that on 25.04.2001 the condemned prisoner-petitioner Sohel came to Savar P.S. and lodged a written allegation that the co-accuseds Hanif, Hannan and Mannan attacked there house at village Maddya Rajashan under Savar Pouras..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......The respondent No.2 A.B.M. Kamrul Ahsan (Nihad) filed a petition of complaint in the court of the learned Senior Special Judge, Barisal against the petitioners and 3 others alleging, inter-alia, that accused-petitioners are his cousin (Mamato Bhai). His maternal grandfather Md. Shamsuddin Talukder..Category: Others | Date: | Hits: 82
State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......e learned Additional Deputy Attorney-General for the petitioner and the learned Advocate appearing for the respondents and perused the materials on record. 4. The respondents are the named accused in the case filed on FIR No. 05/278 dated 4-11-2009 under sections 143/323/324/325/326/307/3..Category: Others | Date: | Hits: 81
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......not interfere with the decision of the High Court Division if the later has followed the observations made by the former in another Case of the similar subject matter. Bail may be granted when the accused has served substantial portion of sentence already and the appeal could not be disposed of w..Category: Anti-Corruption Laws | Date: | Hits: 143
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......ration and limitation.
23. Bankruptcy and insolvency.
24. Money-lending and moneylenders.
25. Legal profession and notaries.
26. Legal aid to the poor, defence of paupers and undefended accused.
27. Marriage and divorce, infants and minors, adoption, joint family and partition.
2..
Category: Constitutional Law | Date: | Hits: 207
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......in behalf, is that S. I. Md. Rafiqul Islam lodged Motijheel P.S. Case No. 70(2)07 on 24.2.2007 alleging, inter alia, that he while on patrol duty along with his two constables raided the house of the accused Mirza Abbas at 2.15 a.m. in the night on 4.2.2007 under the leadership of Major Khijir Kha..Category: Fiscal/Taxation Law | Date: | Hits: 75
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......mplaint should not be allowed to continue as it feel that there is practically no allegation inviting a proceeding under Section 499 so as to punish under Section 500 of the Penal Code against the accused. 6. In view of the above, we find no substance in the submissions of the learn..Category: Criminal Law | Date: | Hits: 116
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