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Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......curs an over-all picture to the mind of the judge but if there is a long gap between the two trials the purpose for which a simultaneous trial is held by the same court is almost lost. As bulk of the accuseds in session’s case no. 5/87 has already been discharged, commonness of the two cases is al..Category: Criminal Law | Date: | Hits: 48
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ...... Judgment: Shahabuddin Ahmed J.—The question raised in this appeal by special leave is whether the bail granted by the High Court Division under section 426, Criminal Procedure Code to the accused-appellant making it conditional on payment of his fine is sustainable in law. The impugned o..Category: Criminal Law | Date: | Hits: 56
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... Appeal No. 30 of 1983 The Code of Criminal Procedure, 1898 (V of 1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no miscarriage of justice even though provisions of section 367 of Cr..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......roceeding and ultimately the Magistrate by an order dated 10 April 1981 dismissed the complaint for default. Amir Khan, a nephew of the deceased, who was cited as a witness in the complaint and as an accused in the F.I.R., filed Criminal Motion No. 118 of 1981 against the order of dismissal of the c..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 .......85. It was alleged that the appellant was one of the passengers of the said bus who picked up the dead body of the victim boy and left it abandoned by the road side near Noapara, Meherpur. 4. The accused including the appellant preferred appeal No. 64 of 1987 against the order of conviction an..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e put on trial before the Additional Sessions Judge, second court, Rangpur for alleged offences under sections 148/302/34 Penal Code. The appellants were found guilty and sentenced to death. Their co-accused, Nazrul Islam and Manik, were equally convicted and sentenced to transportation for life. Th..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ing signed by the presiding officer of the Court, and shall forward the same to a Magistrate of the first class having jurisdiction, and may take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non bail able may, if it thinks necess..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......t Non-disclosure of the names of the appellants soon after the occurrence raises a big question mark as to the veracity of the said witnesses. The alleged eye-witnesses did not disclose name of the accused persons after the occurrence who allegedly actively participated eventhough the circumstance..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......ntinued to be disposed of under the Rules of 1984. Rule 7(11) of the Rules of 1984 provides that if a proceeding is not concluded within 120 days from the date of communication of the charge to the accused or within 150 days from the date of his suspension, whichever is earlier, the accused shal..Category: Employment/Service Law | Date: | Hits: 112
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ...... from Criminal Appeal No. 178 of 1983. Facts of the case are that complainant, Abu Sayeed (P.W.1) and one of his brothers, Reazuddin (P.W.2), while going to Pirgacha Railway Station, were attacked by accused appellant Bandez Ali and his men out of a previous grudge. His brother, deceased Wayezuddi..Category: Criminal Law | Date: | Hits: 67
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......ause the death of Nanda Lal particularly when he was proceeding at their request to hold the mediation at that unearthly hour of the night. Offence under section 302/34, 302/109 not being put against accused appellant No. 2-4, they are acquitted………..(7 & 8) Lawyers Involved: Serajul ..Category: Criminal Law | Date: | Hits: 80
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......f the fact leading to recovery of the dead body, could not be a reason for discarding the evidence of the witnesses on that point nor the same made the prosecution case doubtful, on the fact that the accused himself in his confession gave detail of the story even though it is not in the FIR. The two..Category: Criminal Law | Date: | Hits: 61
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......ode, 1860 [XLV of 1860], Section 201 The two alleged eye witnesses having not disclosed at the earliest opportunity about their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrate in accordance with the requirements of law, and n..Category: Criminal Law | Date: | Hits: 45
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......ntended to save such trials which could not be concluded within the time limit specified in section 339C. Thus the order of the High Court Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......al No. 36 of 1986. (From the judgment and order dated 2.2.86 passed by the High Court Division, Comilla Bench, in the Criminal Revision No.14 of 1986.) Judgment: Shahabuddin Ahmed J. - The accused-petitioners are seeking special leave to appeal from an order of the High Court Division dat..Category: Criminal Law | Date: | Hits: 52
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ...... act was done with the intention of causing bodily injury to the deceased and the bodily injury intended to be inflicted was sufficient in the ordinary course of nature to cause death. The act of the accused-appellant thus clearly falls within the first, second and third clauses of section 300 Penal..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....st above persons but only three of them, namely, the appellants have challenged the proceeding, whereas the remaining seven accused have not challenged it; in the charge-sheet they have been shown as absconding. 13. The learned Counsel for the appellants produced before us a government Notificati......essary to elaborate the facts. In a criminal prosecution F.I.R. is an important piece of material. In the given case informant stated that his nephew Abul Hossain was kidnapped on 16th April, 1973 by accused Lambu who was the leader of local Lal-Bahini, since then the victim's whereabouts were not k..Category: Criminal Law | Date: | Hits: 46
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......harge of the Mills' Store, he, along with the Store Clerk, Yar Ahmed misappropriated 138 Ring Travellers from the Store. A criminal proceeding was instituted on this allegation against him and the co-accused Yar Ahmed. Yar Ahmed was convicted but he was discharged on Final Report submitted by the Po..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ....... (From the Judgment and Order passed by the High Court Division, Rangpur, dated 12.3.84 in criminal Appeal No. 375 of 1970.) Judgment ATM Afzal J.- This appeal following leave by the eight accused-appellants is from judgment and order dated 12 March 1984 passed by the High Court Division ..Category: Criminal Law | Date: | Hits: 55
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ngpur Bench, in Criminal Appeal No. 44 of 1983.) Judgment Shahabuddin Ahmed J. - This appeal by the State calls in question an order of the High Court Division altering the conviction of accused-respondents and reducing their sentence. They were convicted by the Sessions Judge, Pabna, b..Category: Criminal Law | Date: | Hits: 62
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