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....94 along with the petition has been annexed to this writ petition and marked Annexures ‘C’ and ‘CI’ respectively.
3. The petitioner, amongst other facts, also alleged that after he filed a criminal case, the said Alkas Mia in collusion with the respondent No.2 got Miscellaneous (Eviction)......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......n favour of the petitioner and maintaining mutation of 0.8266 acres of land in the name of the petitioner and 4.13 acres of land out of 4.96 acres of land was ordered to be recorded in Khatian No. 1 treating the same as khas land of the Government. Photostat copy of the order sheet of the said Misce..
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......d appellant in Nirjatan‑o‑Shishu Case No. 162 of 2003 arising out of Bagerhat PS Case No. 13 dated 10‑3‑2003 under section 9(1)/9(3)/9(4)B/30 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 read with sections 302/335/397/412/ 216(KA)/109/34 of the Penal Code, corresponding to GR Case No. 6..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....inal Procedure before the Senior Special Judge, Sunamganj to discharge him on the grounds that the allegations leveled against him were false and that the complainant not being the ADC (Revenue), the criminal prosecution was not maintainable as it was bar‑red under section 195(1)(c) of the Code of......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......n the Court of Senior Special Judge, Sunamganj alleging that he and his brother Hari Mohan were owners of the land in plot No. 1914 appertaining to Khatian No.70. But the accused Chitta Ranjan Sinha created a forged deed bearing No. 8258 dated 18-10‑1960 in which his father was shown purchaser of ..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....the complainant, he was not entitled to keep belongings of the complainant including the gift and ornaments, which were received at the time of marriage ceremony. So the complainant filed the instant criminal case under sections 323/324/506 of the Penal Code and also sought issuance of search warran......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..Category: Criminal Law | Date: | Hits: 49
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ...... Haris and Tapan indiscriminately shot at Morshed with pistol and cut rifle while Morshed was on his way to CMM Court from Dhaka Bar Library. Morshed was seriously injured by the shots. He was under treatment at Dhaka Medical College Hospital when the first information report was lodged. Thereafter..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....tatements of witnesses recorded during judicial inquiry, report of inquiry officer and medical certificate, if produced. The learned Magistrate will hear the defence and can also apply the law to the criminal acts to find whether there is a prima facie case. He can discharge the accused only when he......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......neighbouring people and passers‑by came forward and witnessed the occurrence. They also damaged his dwelling huts and also looted away valuable articles. It was further alleged that he had initial treatment at Mathbaria Hospital and thereafter at Barisal. It was further alleged in the complaint p..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....Magistrate cancelled the licence violating the principle of natural justice without issuing a notice and even did not communicate the cancellation order with a view to implicating the petitioner in a criminal case for alleged illegal possession of the arms and ammunition and hence, he moved this Cou....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......slam and Sirajul Islam, two elder brothers of the petitioner, who themselves are well established businessmen with reputation, and took them to the Police Station and tortured them to disclose the whereabouts of the petitioner which was published in "Daily Ajker Kagaz" dated 23‑10-2002 (Annexure..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....y person it would amount to culpable homicide not amounting to murder and may be liable to be punished under section 304 Part II of the Penal Code depending on the facts and circumstances proved in a criminal case. 24. This view finds support in the case of Abul Kashem and others Vs. State, 1990 ...... of the evidence on record, we find that the death to Jannati was not caused with the intention to cause death but it unfortunately, happened while attempting to rape Jannati. If the intention or the mens rea is absent in causing death of any person it would amount to culpable homicide not amounting......d poultry medicine. Since she did not come back home till the evening PW6 Rowshan Ara informed the matter to Delwar Hossain, Mabul and Patu Mia and other neighbours and asked them to look for her. Thereafter, they all searched for Jannati in the house of neighbours and close relations but did not fi..Category: Criminal Law | Date: | Hits: 54
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......against Shamsul Alam and Razzak under sections 395/397 of the Penal Code. The accused Samsul Alam is placed on trial and charged under the said sections for committing dacoity separately and on being read over the charge he pleaded not guilty and claimed to be tried The accused Razzak was in abscons..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....at section 439 of the Code has got relevancy with section 435 of the Code. Under section 435 of the Code, High Court Division may call for and examine the record of any proceeding before any inferior criminal Court for the purpose of satisfying itself as to the correctness, legality or propriety of ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......d mentioned in the first information report including accused opposite party No.2 Samir, being armed with ram dao approached them and the informant party out of fear wanted to run away and while they reached in front of grocery shop of Dilu Mistry all the accused with common intention of killing the..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......2002 purchased a cabin and engine of 4 tons of Isuzu. Truck for Taka 3,95,000 from Auto Start Trading Centre which he handed over to Moktar Mistry's Garage of Bashkhali Motor Workshop, Chittagong. Thereafter, on 24‑4‑2002 he purchased the chassis and wood and moreover, spare parts worth Taka 1,5..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....pellate Court giving opportunity to the party to make conclusive decision in the matter. 8. On hearing the submission of the learned Advocates and on going through the records, it appears that the criminal case ended in conviction and criminal appeal preferred against the same was allowed by the ......ection 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑2000 passed by the learned Sessions Judge, Mymensingh in Criminal Appeal No. 23/2000, acquitting the opposite party No.1 from the charge under se......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....e Code of Criminal Procedure is discretionary and this discretion should be applied considering the facts and circumstances of each case. He also submits that on the self‑same ground civil suit and criminal case can proceed on simultaneously and there is no bar on the proceeding of two cases at th......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......nt case in that on several dates the complainant-opposite party was found to be absent in the court for which the accused ought to have been acquitted. Thirdly, he submits that since a money suit for realisation of the said outstanding amount was filed by the opposite party No.1 before filing of thi..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. Facts, in short, of the case are that, after holding preliminary enquiry by Bureau of Anticorruption one Selina Akhter, Inspector District Anticorruption Bureau, khulna lodged a ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
.... giving evidence. Under this section even the evidence in a counter-case cannot be considered in dealing with the case brought by the opposite party. There are cases that the evidence recorded in one criminal case cannot be treated as evidence in the other case even with the consent of an accused. R......dris Jamai 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: 56 DLR (HCD) (2004) 185. ......ous imprisonment for 5 years. The learned Additional Sessions Judge, however has found Sultan Mahmud and Khodeza not guilty of the charges. He has also discharged Nur‑e‑Alam of the charges on the reasoning that he has disclosed the whole circumstances of the case relating to the offence. 3. P..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....Judicial verdict of conviction for offence of sections 302/34 of The Penal Code and sentence of imprisonment for life upon three (3) appellants who were depicted as authors of crime gave rise to this criminal appeal. 2. Fate of Criminal appeal hinges on answer to the following questions: i) Wh......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......nal appeal. 2. Fate of Criminal appeal hinges on answer to the following questions: i) Whether the prosecution could substantially bring home the offence against accused-appellants beyond all reasonable doubt? ii) Whether conviction awarded and sentence imposed upon accused-appellants c..Category: Criminal Law | Date: | Hits: 54
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....r supposing that such person would not appear to take the trial. 17. In State Vs. Abdul Wahab Shah Chowdhury and another 51 DLR (AD) 242 the Appellate Division held: The provision for bail in a criminal case beginning from the initiation of proceeding upon the conclusion of the trial has been ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241....... Bail stated in the foregoing paragraphs indicate that there is not much of difference between 'Bail' and "Anticipatory Bail". The only distinction between 'Bail' and "Anticipatory Bail” is that whereas the former is granted after arrest and therefore, means release from custody and the latter is ..Category: Criminal Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....is not independent of section 435. In other words section 438 should be read along with and subject to the provisions of section 435. Sections 435 and 438 prescribe the method by which records of any criminal case comes to the High Court Division and the power of the High Court Division to deal with......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379........26 of 1983, petitioner and others, who were second party of the said proceedings were directed to remove obstructions from a river. The said order has been affirmed by the learned Sessions Judge. Thereafter, the learned Magistrate served a notice upon the petitioner and others on 15-7-85 to remove ..Category: Criminal Law | Date: | Hits: 57
....k also is placed in perilous position that if it makes any disclosure in contravention with the provision of law the bank may be sued for damages and the bank’s name and fame may be periled by such criminal prosecution, as such, the protection has been given under the law to protect the secrecy be......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......h Court Division
(Special Original Jurisdiction)
Present:
Qazi Shafiuddin J
Syed JR Mudassir Husain J
Arab Bangladesh Bank Ltd…………..Petitioner
Vs.
Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others…………Respondents
Judgment
February 12, 1998.
..
Category: Criminal Law | Date: | Hits: 41
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