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Motin Gazi alias Motiar Rahman Vs. The State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......was driven by the driver Md. Liton along with helper Md. Mahfuz was not come into the PHP steel mills and on quarry he was informed from the driver that due to disturb of the truck he was not able to reach thereto and thereafter the informant also informed that the said truck went towards the Dhaka-..Category: Criminal Law | Date: | Hits: 51
Abul Kalam Bepari Vs. The State, 2011, 40 CLC (HCD)
.... cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ssions Judge, Shariatpur. 2. For killing the daughter of the informant an FIR was lodged under section 302/34 of the Penal Code against 3 unknown accused persons including the petitioner. 3. Thereafter the petitioner was voluntarily surrendered on 21.4.2009 and moved for bail but failed, he th..Category: Criminal Law | Date: | Hits: 52
Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
.... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ...... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......he house of the accused appellant and recovered a revolver on his pointing out and accordingly he was shown arrested on 18.4.08 and an FIR was lodged under section 19A of the Arms Act against him. Thereafter since his prayer for bail was rejected by the impugned order then he preferred the instant a..Category: Criminal Law | Date: | Hits: 43
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......n’s Profferment. 31. Dr. Kamal Hossain, the learned Senior Counsel, appearing for the respondent no.3, on the other hand came up with a diametrically different contention, placing substantial dimension to the theme that a government policy matter deserves insulation from judicial scrutiny. He ......Sylhet. 5. During the third phase (1972-96) Petrobangla discovered ten gas fields, while the foreign companies unearthed three. During the fourth, i.e. the current phases, all of the 23 blocks, spread over the whole country, were exposed to the foreign companies for exploration. During 86 ye..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
.... 33. Before I part with the case, I think it necessary and expedient to put on record that there is a wrong notion in currency in the society regarding the legal incidence of the fine imposed by a criminal Court upon an accused person. While convicting an accused, the trial Court very often impos......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510....... order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case No.26 of 1996 (Pabna), convicting accused appellant Md. Rowshan Ali under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him thereunder to suffer rigorous imprisonme..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......n connection with GD entry No.6767 dated 12-6-93 under section 54 of the Code of Criminal Procedure for which she moved the Metropolitan Magistrate Court wherefrom she was granted bail but she was thereafter served with order of detention under Special Powers Act 1974 as a result of which she had to..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......lah Khan Masud, Editor, Daily Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having its office at 55, Motijheel Commercial Area, Dhaka, for quashing the proceeding as contained in complaint case No.1364 of 1994 under section..Category: Criminal Law | Date: | Hits: 52
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ons if we examine the provisions of section 22 and 23 of the Act it becomes clear that on the failure of an assessee to submit a return under section 22(1) of the Act, the DCT can not only initiate a criminal proceeding with the previous sanction of the NBR against the assessee but can also proceed ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......upon the assessing authority on 28-4-82 issued a notice under section 22(4) of the Act. But the assessee applicant did not appear before the assessing authority in response to that notice as well. Thereafter the hearing was adjourned on several occasions and by an order dated 26-4-83 the case was fi..Category: Fiscal/Taxation Law | Date: | Hits: 96
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....Appeal No. 65 of 2007. (From the judgment and order dated 22.04.2007 passed by the High Court Division in Criminal Miscellaneous Case No. 3875 of 2007) Judgment Md. Abdul Matin J. - This criminal appeal on leave arises out of the judgment and order dated 22.04.2007 passed by the High Co......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ...... the compound of the respondent No.1 and recovered 50,000 liters of fuel and lodged the FIR with Dighalia Police Station alleging that the respondents in collusion with each other stored the fuel to create fuel crisis. 3. On 25.02.2007 police raided the respective houses of the respondents to se..Category: Criminal Law | Date: | Hits: 100
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....ament, he is a Standing Committee of the Parliament Affairs, he is also the Leader of the Jatiya Party in the Parliament. 3. While the petitioner was continuing Member of Parliament he was convict criminal case, popularly known as Janata Tower, on 7-6-1993. But he was not declared disqualified to......offence is mentioned but an offence involving moral turpitude’ was mentioned. The consequence of the presence of the word ‘moral turpitude’ in sub clause (d) of clause (2) of Article 66 is of immense importance. It specifically requires that in order to bring a candidate or a sitting member wi......tinuing Member of Parliament he was convict criminal case, popularly known as Janata Tower, on 7-6-1993. But he was not declared disqualified to continue as a Member of Parliament. The petitioner, thereafter, again contested the Parliamentary election as a Member of Parliament and became elected as ..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
....n with any specific promise or inducement. Thus, in the absence of such definite allegation it cannot be held that taking of money as loan and subsequent failure or refusal by itself shall constitute criminal offence. 6. As such, we are of the view that the continuation of the present proceeding ...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ..Category: Criminal Law | Date: | Hits: 43
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ssed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising out of Chaatmohar PS Case No.3 dated 7-3-89 and GR No.10 of 1989) convicting the appellant and three others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment f..Category: Criminal Law | Date: | Hits: 41
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....d another in Writ Petition No.4569 of 2000 (53 DLR 569), to which I am a party, it is held mere decision that the member concerned vacated the seat in the parliament on account of his conviction in a criminal offence involving moral turpitude will not ipso facto raise any dispute referable to the El......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......in Mohammad Ershad, vide Annexure-D(l). Pursuant to this support to the Awami League by Jatiya Party to form the consensus government Jatiya Party members of the Jatiya Sangsad were sitting with the Treasury Bench in one enclosure and BNP and Jamaat members of the Sangsad were sitting in a separate ..Category: Constitutional Law | Date: | Hits: 196
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....he Arms Act which is in force in Bangladesh, though was introduced by British Government in 1878, in spite of rapid changes in the society and changes in the nature of arms and ammunition now used by criminals, and definition of arms has not yet been amended to make it up to date. So, under such a c...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......on of ‘arms’ is contained in section 2(c) which is reproduced below: “4. (c) ‘arms’ means articles of any description designed or adapted as weapons for offence or defence and includes firearms, sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing arms but..Category: Criminal Law | Date: | Hits: 40
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207....... to bail under the provisions of sub-section (4) of section 339C of the Code which provides that if trial could not be concluded within 360+30 days then the accused may be released on bail unless for reasons to be recorded in writing the Court otherwise directs. It appears from the impugned order da..Category: Criminal Law | Date: | Hits: 35
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
.... furtherance of their common object had committed the murder as such even if there is no specific allegations against the petitioners they being members of such an unlawful assembly cannot escape the criminal liability. He further submitted that the misuse of bail by the petitioners was also found b......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......ce of the petitioners who are sons and men to the absconding accused that could not be for committing an offence but for protecting the right of properly and, as such, their presence there cannot be treated as abetment of murder of the victim by a stray shot of the firearm which might have been open..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....e collection of the cheques in question were dishonestly removed by the accused persons from the bundles of vouchers reserved by the bank in their bid to destroy the evidence of fraud and forgery for criminal misappropriation. In this way the accused persons in collusion with each other opened ficti......prisonment imposed upon them is reduced to the period already undergone. No doubt, sentence is essentially a matter of judicial discretion for the Court but it is also well settled that it must be commensurate with the gravity of the offence. In our case under review, the appellants have already los......nch, Local Officer of Janata Bank, Dhaka. Account-holder Salimuddin by using Cheque No. 642352 dated 13-10-79 and cheque No.642353, dated 16-10-79 drew Taka 75,800.00 and Taka 170.00 respectively. Thereafter on 13-11-79 the said Salimuddin deposited for collection cheque No.178768 for Taka 86,000,00..Category: Criminal Law | Date: | Hits: 104
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....d order of conviction and sentence were thereafter submitted to the Chief Martial Law Administrator (CMLA) for review and the CMLA then confirmed the same by order dated 25-10-85. The transfer of the criminal case to the Special Martial Law Court No. 1 and the trial of the same followed by the impug......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... Magistrate Court, Dhaka. The Special Martial Law Court No. 1 thereupon framed charge against the petitioner and other accused persons under sections 302/307/34/109 of the Penal Code and the same was read over and explained to the accused persons present to which they pleaded not guilty and claimed ..Category: Criminal Law | Date: | Hits: 52
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......র বি.এন.পি. সন্ত্রাসে চাঁদাবাজি" The learned Magistrate took cognizance in the case and issued warrant of arrest against the present petitioners. Thereafter, the accused petitioners on appearing before the High Court Division obtained anticipatory b..Category: Criminal Law | Date: | Hits: 100
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