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Mukit and others Vs. State, 2011, 40 CLC (AD)
....ctions 148 and 149 of the Penal Code is that section 149 contemplates only constructive liability whereas section 148 deals with direct liability. Section 149 prescribes for vicarious or constructive criminal liability for all members of such an unlawful assembly. Where an offence is committed by an......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......of rioting under section 148 of the Penal Code. 8. The deference between the offences under sections 148 and 149 of the Penal Code is that section 149 contemplates only constructive liability whereas section 148 deals with direct liability. Section 149 prescribes for vicarious or constructive c..Category: Criminal Law | Date: | Hits: 49
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ..Category: Criminal Law | Date: | Hits: 55
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......e following day, the complainant brought the matter to the notice of the mother of the accused who also assured her that in due course of time she would be recognised as the wife of accused Hanif. Thereafter the accused had sexual intercourse with the complainant whenever as a result of which she co..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......case, I refrain from issuing a rule of enhancement upon the accused petitioners. The trial Courts while awarding sentence must bear in mind that the sentence to be imposed upon the accused must be commensurate with the of gravity of the offence and it has no option to award too lenient a sentence by......mant’s uncle Mir Hossain protested, the accused persons also assaulted him mercilessly and in the process of assaults accused Nurul Alam Chowdhury broke his two teeth and dislocated a third one. Thereafter in their fury, the accused persons dragged informant Sakera and her uncle Mir Hussain to the..Category: Criminal Law | Date: | Hits: 68
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....the Penal Code disclosed on such transaction of TT’s and MT's. In the said application it is stated that respondent No. 1 was optimistic that after primary inquiry there was likely of disclosure of criminal offence under the above penal sections. From perusal of annexure-A it does not show that an......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......ful authority and to be of no legal effect. 2. The petitioner is a banking company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at 71 Dilkusha Commercial Area, Dhaka and having one of its branches at Chapai Nababganj, Nababganj. The petitioner being a ban..Category: Anti-Corruption Laws | Date: | Hits: 153
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....rinciple are to be found in the well established rule of Common law “that where a person has been convicted of an offence by a Court of competent jurisdiction the conviction is a bar to all further criminal proceedings for the same offence”. (See (1890) 24 QBD 423). To the same effect is the anc...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374....... police. Subsequently, the SI Sagir Ahmed suo motu lodged First Information Report on 5-1-83 and took up the investigation of the case and submitted charge sheet on 20-8-83 under sections 364/302/201 read with section 34/109 and 120B of the Penal Code and after submission of the charge-sheet the cas..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370....... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......d interfere and send back the matter to the trial Court for retrial with direction to appoint an experienced lawyer of sufficient standing to defend the condemned prisoner and to recall the witness already examined and afford an opportunity to the state defence lawyer so that he can cross-examine th..Category: Criminal Law | Date: | Hits: 47
....nvolved in these Rules are identical they were taken up together for hearing and this judgment would govern both the Rules.
2. Points raised by the learned Advocate in support of Rules are that no criminal proceeding is legally maintainable against petitioners under section 55 of the Industrial R......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......ders under section 25 of the Employment of Labour (Standing Orders) Act, 1965 and therefore, the remedy, if any, for violation of such orders is available under section 26 of the said Act, Section 26 reads as follows:
"26. Penalty for non‑compliance of Court's order under section 25(1).- Whoeve..
Category: Labour and Industrial Law | Date: | Hits: 184
....ears to be no more than the work of a fact finding commission. The commission of offence may be or may not be discovered as a result of enquiry and the commission of offence, if discovered, then only criminal proceedings may be started against the petitioners. The learned Magistrate did not take cog......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......rt Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Abdul Hafiz (Md.) and others……………………. Petitioners
Vs.
Director General, Bureau of Anti-Corruption, Government of Bangladesh ………Respondents
Judgment
July 16, 1997..
Category: Anti-Corruption Laws | Date: | Hits: 191
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ..Category: Criminal Law | Date: | Hits: 47
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......ght biri. Mokles expressed his inability to supply any fire and suddenly all the persons of that boat who were armed with Baitha, lathi and knife started beating Mokles who fell down in the water. Thereafter those persons dragged Mokles and took him into their boat. PW 1 Salahuddin requested them no..Category: Criminal Law | Date: | Hits: 55
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
.... Central Jail on 23-8-1975. The charge-sheet further mentions that considering these four political leaders as a threat to the survival of the Moshtaque Government, the accused persons entered into a criminal conspiracy to kill them and in pursuance of this conspiracy Captain Moslemuddin and a group......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......President, but decline of the offer resulted in their arrest and confinement in Dhaka Central Jail on 23-8-1975. The charge-sheet further mentions that considering these four political leaders as a threat to the survival of the Moshtaque Government, the accused persons entered into a criminal conspi..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... be treated as the last word of the prosecution in the matter. So to reject the story on the ground of non-mentioning the fact in the First Information Report is to show an inadequate appreciation of criminal investigation and weight to be attached to evidence in criminal case. The fact that in the ......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......a member of the Union Parishad and also other distinguished persons present there that he made a conspiracy with his father-in-law to murder his father 15/20 days ago. The accused, Abdul Khaleque, thereafter, was produced before Thana Nirbahi Officer, Chauddagram who was a Magistrate, First Class th..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......of bail should be confirmed. 5. On going through the materials on record we find that there is allegation of assaulting the wife of the petitioner No.1 by all the accused. Since charge-sheet has already been submitted after investigation we find merit in the contention of the learned Advocate for..Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......then transferred the case record to the 5th Court of Additional Sessions Judge, Dhaka for disposal who framed charge under section 409 of the Penal Code against the accused petitioner. The charge was read over to him to which he pleaded not guilty and demanded trial. 4. It is submitted that the a..Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....ng his bail by the learned Sessions Judge taking the stand that the bail granted to him having not at all been misused, the cancellation of bail is absolutely illegal. 3. Facts leading to the four criminal matters are that, one Ratan Mia, a businessman dealing with rice, fruits and cement and als......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......on 11-7-1994 which was recorded by a Magistrate under section 164 of the Code of Criminal Procedure implicating himself in the commission of murder of Ratan Mia. The accused-petitioner Badsha Mia, thereafter, retracted the said confession made by him earlier. 5. Police after investigation submitt..Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ...... case is under investigation till now. 4. The accused-respondent was shown arrested in the case on 5th November, 2009 who unsuccessfully moved the learned Metropolitan Sessions Judge, Dhaka and thereafter the High Court Division for bail. A Division Bench of the High Court Division upon hearing t..Category: Criminal Law | Date: | Hits: 50
State Vs. Babul Miah, 2010, 39 CLC (AD)
....the circumstances, how much of the entire statement they deem worthy of belief, including as well the facts asserted by the party in his own favour as those making against him." 12. With regard to criminal cases, Taylor argued: "In the proof of confession - as in the case of admissions in civi......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......rate, First Class. In his confessional statement Babul Miah stated that on 29th March, 1990 he came to Akhawara at about 11 p.m. where he met Abdul Jabber at Harashpur, that after roaming around the area till 3.45 a.m. they went to Dhan Miah's shop and Jabber wanted to take away the tape recorder fr..Category: Criminal Law | Date: | Hits: 58
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....t aside. 11. Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing for the defendant respondent, on the other hand, submits that in view of the materials on record including the proceeding of criminal case section 145 Cr.P.C. an issue ought to have been framed as to maintainability of the su......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......he plaintiff and the lower appellate Court by the judgment and decree dated 4-5-95 dismissed the appeal affirming the judgment and decree passed by the trial Court. 6. The defendant respondents thereafter filed an application under Order 47 rule 1 of the Code of Civil Procedure on 9-7-95 praying ..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....r irresistibly show that a Nikah Registrar is a public servant. As such, a previous sanction of the Government is required under section 197 of the Code of Criminal Procedure before commencing any criminal prosecution against the petitioner. That being the legal position the Order dated 28-9-92 o......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25....... her. After investigation, the police submitted charge sheet against all the First Information Report named accused and also against the petitioner under sections 366A, 380, 34, 109 of the Penal Code read with section 4(b) and (c) of the Cruelty to Women (Deterrent Punishment) Ordinance. The petitio..Category: Criminal Law | Date: | Hits: 50
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