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Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......se No. 149M of 1972 It was further noticed that on 24.5.73 the plaintiff executed 4 kabalas in favour of the defendants and on the same date defendants withdrew that Criminal cases as a result the accused were discharged under section 253(2) Cr. P. C. and proceeding under sections 145 were dropp..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....learned Deputy Attorney General has pointed out that a petition (Ext. A) filed by the Officer-in-Charge of the Police Station before the Magistrate praying for issuing warrant of arrest against the absconding accused-persons has been used by the learned Single Judge to contradict the complainant,......I of the Criminal Procedure Code committed 37 persons including these respondents to the Court of Session to stand their trial for committing mischief by fire and rioting. The defence taken by the accused persons was that the local people did the mischief when they suspected that some bad elemen..Category: Criminal Law | Date: | Hits: 66
Md. Matiur RahÂman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......he judgment and order of the High Court Division in Criminal Reference No. 245 of 1979. 2. Facts are simple. Complainant is the appellant. He filed a petition of complaint against the accused respondents alleging that they damaged the vegetable plants and constructed a hut on h..Category: Criminal Law | Date: | Hits: 41
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......1983. Result: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and discharged the accused. Informant, Shaukat Raja, challÂenged the Final Report by filing a naraji-petition, which ..Category: Criminal Law | Date: | Hits: 79
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court DiviÂsion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......rned Assistant Sessions Judge found that kabalas Exts. 2-2(b) were executed by AsiruÂddin and were registered at his house because of his illness. He further found that kabala Ext. 2(c) in favour of accused Mir Mohammad Akand was not genuine. Accordingly the learned Assistant Sessions Judge found t..Category: Anti-Corruption Laws | Date: | Hits: 112
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......criminal liability The question is whether it is a civil liability or criminal offence depends upon facts, whether the complainant in parting with his …. Acted on the representation of the accused and on behalf of the trust thereon. The next question will be whether this representation wh..Category: Criminal Law | Date: | Hits: 146
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... Judge, Pabna convicting the appellant under section 302 of the Penal Code and sentencing him to death by hanging in Sessions Case No. 20 of 1987. 2. The prosecution case, in short, is that accused Abdul Quddus had land on the eastern side of the house of informant Dr. Mukbul Hossain. The..Category: Criminal Law | Date: | Hits: 58
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......eight years. Usha Rani's parents' house is in village Pashurbunia, 3/3‑1/2 miles away towards the south from the village of her husband, Paschim Kalikapur, both within PS Patuakhali. Co‑accused Gouranga is full brother of appellant Jatin and the other accused Bijoy, a neighbour. Jatin..Category: Criminal Law | Date: | Hits: 51
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......fore the High Court Division. Besides, the misplacement of records is not at all covered under sub-rule (7) of Rule 10 which reads as follows: "(7) The period for which either the accused or the Inquiry Officer falls sick or otherwise incapacitated to continue with the proceedi..Category: Employment/Service Law | Date: | Hits: 125
State Vs. Shafique and others, 1991, 20 CLC (AD)
....d one, at this Mukbul, Mannan and Shafique threatened Dudu that his wife would be a widow within seven days. Prosecution further asserted that during the war of liberation Dudu caused the arrest of absconding accused Rafique by Police and due to this enmity the accused persons killed the deceased......3. The criminal appeal and the leave petition are heard together and are disposed of by this judgment. 4. The prosecution case in short, is that, on 9.9.77 deceased Dudu Miah was called by accused khokan, Rafique, Shah Alam, Shafique and Sultan from the grocery shop at Pauda Bazar in the..Category: Criminal Law | Date: | Hits: 49
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... High Court Division, Dhaka Bench, in Criminal Revision No. 149 of 1989). Judgment: ATM Afzal.- The appellant is an accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......favour of the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the vi..Category: Criminal Law | Date: | Hits: 38
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......sp; Mustafa Kamal J.- Division Bench of the High Court Division, Dhaka by the impugned judgment summarily rejected the accused-petitioner's application under section 561A Cr.P.C. for quashing the proceeding of Criminal..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... in Criminal Appeal No. 173 of 1990.) Judgment: Latifur Rahman J.- In this appeal, the accused-appellants have challenged the order of refusal to grant bail in Criminal Appeal No. 173 o..Category: Criminal Law | Date: | Hits: 37
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... Code. 2. In the present case, the First Information Report was lodged by the wife of deceased Abu Musa stating, inter alia, that while her deceased husband visited his land in Jalkuri village the accused opposite parties and others killed him with a sharp cutting weapons and concealed his dead..Category: Criminal Law | Date: | Hits: 39
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ...... Hossain, at the instigation of his father, Ekabbar Ali, mother, Momena Bibi and uncles, Majibur Rahman Pk., and Mohammad Ali Pk., brutally killed his wife Halima. In that night at about 10.00 PM the accused Ekabbar Ali went to Halima's parents' house and informed them that their daughter was seriou..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......order dated 5.8.86 passed by the High Court Division, Circuit Bench Barisal in Criminal Appeal No. 65 of 1985). Judgment Latifur Rahman J.- This appeal by special leave at the instance of seven accused‑appellants is directed against the order of conviction and sentence passed by the High Cou..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......have taken another view of the facts and evidence on record. This court in exercise of its jurisdiction under section 439 Cr.P.C. cannot make a reappraisal of the evidence on record and conÂvict the accused, as already stated, in view of the provisions of clause 4 of section 439 Cr.P.C." 10. Th..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitÂted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......nce in which the victims sustained fatal injury on his head has remained a mystery. Victim received fatal injury in mysterious circumstance. The prosecution has failed to prove the charge against the accused beyond reasonable doubt. The appeal is allowed and the order of sentence set-aside………â..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......ts of the case are that in mouza Mukhi P.S. Gaffargaon there is a Mazar or Dargah of Late Hazrat Miskin Shah. There was a managing Committee for the Mazar of which Firoze Shah Fakir 70 (Deceased) and accused Sorhab were members. The latter is an agnatic cousin of the deceased Firoze Shah Fakir. Faki..Category: Criminal Law | Date: | Hits: 55
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