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Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......sp; Badrul Haider Chowdhury J. - This appeal by leave is directed against the judgment passed in Criminal Revision No. 579 of 1970 by the High Court Division acquitting the accused respondent Ameenur Rashid Chowdhury on charges under section 501 of the Bangladesh Penal Co..Category: Criminal Law | Date: | Hits: 77
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......bedroom closed finding the bed room closed from inside knocked at the door. After the door was opened door was opened by the appellant Saleha entered into the bedroom and finding Monowara in the room accused her bustard for having illicit connection with Monowara. Monowara tried to go out of the roo..Category: Constitutional Law | Date: | Hits: 292
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......hurt to some of the inmates of the house of complainant Abdul Jabbar Mollah at about 1 A. M on August 22, 1976. The Special Tribunal by the judgment and order dated June 10, 1978 acquitted all the accused persons from the charge on the ground that the prosecution had failed to prove the case bey..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......on submitted charge-sheet against the respondents and they were put on trial before the Magistrate, 1st Class, who after examining four witnesses produced by the prosecution discharged all the accused by the judgment dated 11.2.78 on the ground that the charges against them could not b..Category: Employment/Service Law | Date: | Hits: 92
....rmal inquiry may be dispensed with when the order of dismissal is passed on the strength of facts or conclusions arrived at by a Judicial trial or trial by a Court Martial or when the accused is absconding, or adopting means to prolong or delay the conclusion of the inquiry with a view to gain......g clauses formal inquiry may be dispensed with when the order of dismissal is passed on the strength of facts or conclusions arrived at by a Judicial trial or trial by a Court Martial or when the accused is absconding, or adopting means to prolong or delay the conclusion of the inquiry with a ..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......ture were taken to his private rest house at Sandalpur and thus he obtained pecuniary advantage to the extent of Tk. 79,900/- and thereby the appellant in collusion with and active assistance of co-accused Nos. 2 end 3 by abusing his official position as such and/or by corrupt or illegal means obt..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ....... The trial procedure prescribed says that the authority shall frame a charge and specify therein the penalty proposed to be imposed, and communicate it to the police officer who will be called the accused, asking him to show cause within a specified, time, which shall not be less than seven days,..Category: Constitutional Law | Date: | Hits: 188
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......shy;ssly provided by this Code or by any other law for the time being in force, no Court of session shall take cognizance of any offence as a Court of original Jurisdiction unless the accused has been committed to it by a Magistrate duly empowered..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......h Court Division also refused the prayer for certificate for leave on the ground that the court had no jurisdiction to entertain the petitions. It is not necessary to mention the names of all the accused because only the twelve petitioners are before us whose sentences of death have been confirm..Category: Constitutional Law | Date: | Hits: 327
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......application filed by the Public Prosecutor the Special Tribunal by it's order, dated 1-8-75 allowed the cases to be withdrawn under section 494 of the Code of Criminal Procedure and discharged the accused. Thereafter the case records were sent to the District Control Centre on the prayer of the ..Category: Criminal Law | Date: | Hits: 46
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner 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: 51
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......n collusion with 2 members and the Chairman of the Union Council. Anti-Corruption Department made preliminary enquiries and filed F.I.R. and after investigation submitted charge-sheet against the accused persons. The case was tried by an Assistant Sessions Judge and Ex-officio Special Judge of..Category: Criminal Law | Date: | Hits: 84
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......d not been given by the High Court to the evidence in his favour or the findings of the trial court and that the High Court acted contrary to the settled principle of giving benefit of doubt to the accused. 8. The entries in the cash-book on 7-3-58 considered along with the statement of cash ba..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......tions. The observation by the learned Judge of the High Court that it is the normal habit of the complainants in the districts of Punjab to implicate almost all able bodied family members of a person accused of murder to look after the case, may prejudice the prosecution of the present case………..Category: Criminal Law | Date: | Hits: 60
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......der of the High Court of Lahore dated the 28 August, 1970, in Criminal Miscellaneous No. 4605 of 1970). Judgement: Muhammad Yaqub Ali J.—The respondent No. 1 is charged along with 19 other accused persons under sections 302, 307 read with sections 148 and 149 PPC. According to the FIR, ..Category: Criminal Law | Date: | Hits: 96
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......enship. 4. The prosecution examined 6 witnesses and exhibited some documents including the Migration Certificate (Ext. 1). Relying on this evidence the learned Magistrate took the view that “the accused persons lost their Pakistan citizenship immediately on their migration to India and they are..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......nbsp; March 18, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 When an accused is on ad-interim bail for a limited period by the High Court Division, this Court has nothi..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......petitioner was that notices impugned in the respective writ petitions were violative of Article 35(4) of the Constitution. The High Court Division upon observing- "It is only an accused in a trial who cannot be compelled to be a witness against himself. Therefore it is our ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... 2. The petitioners on being aggrieved by the following portion of the order moved this petition: “It has been alleged that during this period of remand the accused was taken to the Cantonment and he was also tortured there. To ascertain whether the accus..Category: Criminal Law | Date: | Hits: 65
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....im to imprisonment for life and to pay a fine of Taka 3000 in default to suffer rigorous imprisonment for 3 months. The learned Additional Sessions Judge by the same judgment also convicted 3 other absconding accused persons namely, Akkel Ali, Kashem Ali and Omar Ali under sections 302/34 Penal ......cted together so as to form one transaction depends upon whether they are so related to one another in point of purpose or as cause and effect as to constitute one continuous action or whether the accused had community of purpose or design in committing the alleged offence or whether there was c..Category: Criminal Law | Date: | Hits: 76
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