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State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......ar Road. Barisal over the contract business of Barisal Central Jail. 3. The police on completion of investigation submitted charge sheet under section 302/34 of the Penal Code against 5 accused persons including the respondent. The case was transferred to Druto Bichar Tribunal, Ba&sh..Category: Criminal Law | Date: | Hits: 41
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......iminal Appeal No. 1296 of 1994 arising out of Special Case No. 19 of 1991 in the Court of 2nd Additional Judge, and Special Judge, Kishoreganj. 2. The prosecution case, in short, is that while the accused appellant, Md Alauddin Bhuiyan had been working as Nazir of Tarail Upazila Revenue Office (A..Category: Anti-Corruption Laws | Date: | Hits: 90
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....consideration of the oral evidence as well as the confessional statements of the aforementioned two accuseds convicted and sentenced the accused persons as mentioned herein- before. 13. One of the absconding convicts i.e. Abdus Salam Molla, surrendered and filed appeal along with Wahed Khan i.e. ...... including Abdus Salam Mollah. Over the said incident information was lodged with the police station at Modhukhali. 10. On completion of investigation, charge sheet was submitted against 8 (eight) accused persons. In due course the records were received by the Court of Sessions Judge and thereupo..Category: Criminal Law | Date: | Hits: 63
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......spires that the application was made for allotment of 8 bags of powder milk (Ext.8). P.W.3 stated that he recommended the application by putting his signature. He could not, however, state that the accused took delivery of the milk powder. P.W.4 Joynal Abedin was a teacher of the Primary School. H..Category: Anti-Corruption Laws | Date: | Hits: 125
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ...... Code of Criminal Procedure against an order of acquittal involving an offence punishable with sentence of imprisonment exceeding one year. 2. Material facts of the case, briefly are, that the accused-appellants and respondent No. 1 are neighbours residing at 43/8 and 43/9 Zigatala respecti..Category: Criminal Law | Date: | Hits: 40
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......enal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes the plea. A criminal proceeding is liable to be quashed if the facts alleged in th..Category: Criminal Law | Date: | Hits: 39
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 426 Before lodging of the FIR, the appellant deposited the amount for which he has been charged for misappropriation. The co-accused is on bail. Under the fact the appellant shall continue on ad-interim bail granted earlier t..Category: Criminal Law | Date: | Hits: 34
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......Judge on a consideration of the evidence and materials on record convicted the respondents under the aforesaid section and sentenced each of them to transportation for life while acquitting two other accused of the said charge. 5. On appeal, however, the learned Judges of the High Court Division ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... court judgment and the order of acquittal was liable to be interfered with………………(41) The Evidence Act, 1872 (I of 1872), section 8 Where there is direct evidence for implicating an accused in an offence absence of proof of motive is not material. In the present case it is not corr..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ent Judgment March 5, 1989 The Criminal Law Amendment Act, 1958 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accused under the Criminal Law Amendment Act, 1958. Such requirement of law was fulfilled though it ..Category: Criminal Law | Date: | Hits: 41
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..............................Appellants Vs The State.....................................Respondents Judgment April 3, 1989. The Penal Code, 1860 (XLV of 1860), sections 378 and 403 The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the ban..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ...... as contemplated in these two sections. Rather, these are two distinct offences for which a person may be charged for each of them as provided in section 235(1), Cr. P.C. It is clear that trial of an accused for one distinct offence will not stand in the way of his subsequent trial for the other dis..Category: Criminal Law | Date: | Hits: 44
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......d Sakhawat Ali, Advocate-on-Record —For Respondent No.1. No one for Respondent No. 2. Criminal Appeal No. 8 of 1987. Judgment ATM Afzal J.-This appeal by special leave by the four (4) accused-appellants is from order dated 17 June, 1987 passed by the High Court Division, Dhaka reje..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......deceased Afzal @ Tara Mia Master, gave the following prosecution case; that at about 6.30 A.M. on 7th Chaitra 1388 B.S. corresponding to 21st March, 1982 when she was going to the latrine she saw accused Mir Ali Khandakar (appellant No. 5), the uncle of her husband, damaging her husband's kaun c..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......a narrow compass. 2. Facts in brief are that a First Information Report was lodged by the Appellant with the Bhandaria Police Station alleging that his son Harunur Rashid had been murdered by the accused Respondents along with some others on 23-7-71. Charge-sheet in this case was submitted after..Category: Criminal Law | Date: | Hits: 43
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......stant Attorney-General, submitted that so far as injury No.3 is concerned there is evidence to show that this was the result of pushing the body of Rashid Khondker in the water with the katra used by accused Akkel Ali. As P.W.1 Aijuddin Matbar stated “accused Akkel Ali, Rafizuddin and Sashan pushe..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......t whose interest has accrued by purchases; and (iii) a tenant or tenants holding land contiguous to the land transferred. The statute gives priority to the co-sharer-tenant whose interest has accused by inheritance. The first class excludes both second and third class, and the second class e..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......ese papers would show that the cargo was not duly loaded. The unauthorized cargo was loaded on board after the ship left Singapore Port and stopped at high sea. Those were carried by a Sampan wherein accused Tan Kheng Hock was present he along with the goods boarded the ship. Tan Kheng Hock was a st..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....e and carry on party (J.S.D.) activities and holding party meetings. So, you along with some J.S.D. workers of the area reportedly killed said Fakrul Islam and two others on 21-8-73 and then remained absconding. "That all your activities stated above were intended and are likely to prejudice the...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......ction 326/34 of the Penal Code could be sustained, as the evidence of three witnesses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been relied upon and that the confession of co-accused Alo could not be used against the Appellants as it is without independent corroboration. ..Category: Criminal Law | Date: | Hits: 41
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