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State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....taken against them and if they are allowed to investigate cases, they would be emboldened to recur similar nature of acts, in which event, the ends of justice will be defeated, and the terrorists and criminals after committing crimes would commit crimes again and again in connivance with the law enf......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......ere are definite evidence that he shot to death of the victim Giasuddin who has got long standing enmity, and his complicity in the murder of the victim has been established by the prosecution beyond reasonable doubt. On our query about the legal evidence adduced by the prosecution in support of..Category: Criminal Law | Date: | Hits: 47
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ...... which was alleged found by disproportionate to his known source of income and thereby he alleged to have committed the offence publishable under Sections 26(2)727(1) of the Anti-Corruption Ain, 2004 read with Section 15 Gha (5) of Emergency Powers Rules, 2007. Ultimately on investigation a police r..Category: Anti-Corruption Laws | Date: | Hits: 120
Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)
.... absolute. The above submission merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60....... absolute. The above submission merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60.......ondent No.1 issued in his favour a cheque bearing No.0823202 dated 15.04.2007 drawn on Rajshahi Markentile Bank Limited, Rajshahi for Tk.3,30,00,000/- towards repayment of his outstanding dues and thereafter the petitioner, on the same day, presented the said cheque in his bank but the same returned..Category: Criminal Law | Date: | Hits: 39
Rakib and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ...... Govt. Appeal No.58 of 2004 convicting the petitioners under Section 147 of the Penal Code and awarding sentence of imprisonment of 1(one) year and fine of TK. 2000.00 in addition to the period already served out upon petitioner Nos.1 and 2 and fine of TK. 3,000.00 only upon petitioner No.3 whic..Category: Criminal Law | Date: | Hits: 38
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55....... are neighbours and there had been rivalry in between them relating to erecting boundary wall. It has been stated that while the father of victim began to erect boundary wall in his house, some miscreants at the instruction of the accused petitioner interrupted the father of the victim to erect ..Category: Criminal Law | Date: | Hits: 42
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
.... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53....... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53.......nt. 3. After investigation the investigating officer submitted final report on finding no prima facic case and the Magistrate accepted the final report and discharged the accused persons. 4. Thereafter, the complainant filed another petition of complaint on 12.06.2006 before the Magistrate, ..Category: Criminal Law | Date: | Hits: 44
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....plementary affidavit but although these are issues of law pursuant to provision of customs Act were not taken into consideration and the Rule was discharged and continuation of the proceedings of the criminal case in the face of non-disclosure of commission of any offence and non-consideration of la......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ...... B-ACU-98124 dated 17.05.1998 herein after called L/C for $ 12,2000 and $ 10,8000 (Bangladeshi TK.5,68,215.00 and 4,86,902.00) PAD No.135/98 and 167/98 respectively. The aforementioned imported goods reached on 23.04.1998 and 25.05.1998 respectively, the office of witness No.6 Superintendent of Cust..Category: Criminal Law | Date: | Hits: 55
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21....... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......Bepari as informant lodged a written Ejahar with Fatullah Police Station which was registered as Fatullah Police Station Case No.16 dated 05.09.2003 under Sections 385/326/307 of the Penal Code. Thereafter, the case was lodged alleging, inter alia, that on 02.09.2003 at about 10:00 A.M. the condem..Category: Criminal Law | Date: | Hits: 49
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......the High Court Division erroneously held that the said deed being not registered at Gomostapur Sub-registry Office is void; moreover the High Court Division also fell in error in not appreciating the reasoning given by the appellate Court to the effect that while Beraful-Nessa proved the above Dee..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....t the petitioner. 11. The learned Attorney General and Mr. Anisul Haque, the learned Advocate have argued in unison that the writ petition has been filed on misconception of law for quashment of a criminal proceeding under the guise of writ petition and as such the writ petition is not maintainab......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......ng been arrested in connection with Gulshan Police Station Case No. 34 (03) 2007 was taken into custody and because of his serious illness the Government released him on parole and he has been under treatment in London; that the Assistant Director, Special Enquiry and Investigation, Anti-Corruption ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......ful Islam and Fazilutennessa bringing the beheaded dead body of Shefali and keeping the same on the courtyard and fleeing away. The two witnesses raised hue and cry when some people of the adjoining area came and heard of the occurrence. 4. On the basis of the FIR (first information report), Borh..Category: Criminal Law | Date: | Hits: 84
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ring the offence within the ambit of the Ain. 8. It is true, a first information report is not a substantive piece of evidence. The principal object, from the informant's standpoint, is to set the criminal law in motion and from this viewpoint, the investigating agency is to obtain information ab......owry by the husband or his relations. Ordinarily, "Every crime which is created by a statute, however, comprehensive and unqualified the language used is always understood as requiring the element of mens rea or a blameworthy state of mind on the part of the actor. Before presumption as to mens rea ...... 3. The victim Nilufa Akter has been given in marriage with the condemned prisoner about 7/8 years ago. After the marriage the accused Billal Hossain Gazi has taken ornaments and money as dowry by creating pressure upon the victim. He used to torture the victim both physically and mentally for dow..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... narrated the occurrence to him and reported that accused appellant Md. Masud Mia had committed rape on her against her will. He stated that there was a Salish over the occurrence but it failed. Thereafter he lodged the first information report at the local police station. In cross-examination, he..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....tor and the Jamuna Television Limited. There are more than 10 thousand employees in his industries namely, Jamuna Group of Industries. On 21‑3‑2004 he was arrested in the early morning and then a criminal case was started against him. A bail petition was filed before the Chief Metropolitan Magis......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......1)(2) of the said Ain. The appointed lawyer of the petitioner filed an application for bail on 23‑3‑2004 but the prayer for bail was refused. On the prayer of the prosecution the petitioner has already been shown arrested. Then the prosecution made an application with a prayer for remand and the..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....s and privileges of the single individual and those of the individuals collectively: of simply deciding what is wanted and where, to put the weight and the emphasis: of deciding which comes first the criminal or society, the law violator or the law abider. It is generally said that when the crime go...... jurisdiction to try the case or not. This was to check any highhandedness in the executive and as Khandker Mushtaque Ahmed was not produced before any such Magistrate, the circumstance adds to the dimension of the contention that the arrest and subsequent proceeding was mala fide." 49. In this p......ng the cause of liberty, democracy and in achieving those, they served their party with dedication. On 25‑2‑2002 while the detenus coming out of Sudha Sadan, of Road No. 5, Dhanmondi Residential Area, they were arrested by the Dhanmondi Police under section 54 of the Code of Criminal Procedure, ..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......wed the observation from the judgment and order dated 27‑11‑2002 in Criminal Appeal No. 3161 of 2003 by the High Court Division to the effect that "It is apparent from record that there appears a reasonable ground for believing that the accused ‑appellant has been guilty of the offence under s..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....or determination are: i. Whether awarding of conviction and sentence upon condemned prisoners and convict-appellants can be sustained on evidences, materials on record, and in safe dispensation of criminal justice, and ii. Whether all the condemned prisoners and convict‑appellants can be fas......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......minal Appeal No. 1209 of 2000). Death Reference No. 18 of 2000 with Criminal Appeal Nos. 1209 and 996 of 2000 with Jail Appeal No. 1037 of 2000. Judgment AK Badrul Huq J.- For murder and, thereafter, disappearance of dead body of Md Jahangir Kabir Fatik, an Advocate, Ershad Ali Sikder, LM L..Category: Criminal Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....e accused-petitioner in spite of receipt of the notice did not pay the money. The accused-petitioner with intent to deceive him took delivery of the cloth without making payment and thereby committed criminal breach of trust and cheating under sections 406/420 of the Penal Code. The learned Magistra......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......Taka 9,60,144 paid some money and issued cheque towards payment of the outstanding money. Subsequently the accused Petitioner took back some cheques on payment of money. The accused‑petitioner thereafter issued Cheque No. 0721632 dated 14‑6‑1999 for an amount of Taka 1,50,000, Cheque No. 072..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....ses when they speak on details, and unless the discrepancies are of a material dimension, the same should not be jettisoned. Corroboration of evidence with mathematical niceties cannot be expected in criminal cases. Parrot‑like statements are disfavoured by Courts. Minor embellishment, there may b...... case doubtful and out of Court. There are bound to be some discrepancies between the narration’s of different witnesses when they speak on details, and unless the discrepancies are of a material dimension, the same should not be jettisoned. Corroboration of evidence with mathematical niceties can......trix in good faith went to the room of accused‑appellant. Accused‑appellant caught hold of prosecutrix and threw her on bed and raped her forcibly against her will at dagger's point holding out threat that in the event of her raising alarin and offering resistance she would be snuffed out. Prose..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......r came into his dwelling hut whereupon informant’s husband Mobfer Talukder, expressed his displeasure to Jahanara, daughter of Aziz Talukder abused the informant’s daughter in filthy language. Thereafter at about 6-45 PM on the same day, Aziz Talukder’s eldest son accused Alamgir and his son a..Category: Criminal Law | Date: | Hits: 52
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