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Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....at the death was homicidal in nature. Thereafter, the police took up investigation of the case and on completion of the same submitted charge-sheet against the petitioner. The petitioner was found absconding. Thereafter, a charge was framed against the petitioner in his absence but subsequently ...... which has been wrongly upheld by the High Court Division. It is submitted that the High Court Division ought to have considered that suspicion however strong cannot be a ground to find guilt of an accused. 4. We have gone through the available materials. There is no denial o..Category: Criminal Law | Date: | Hits: 52
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ult: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898) Section 342 Incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 Cr.P.C. otherwise it would cause miscarriage of justice..Category: Criminal Law | Date: | Hits: 59
Osman Gani Vs. State, 2002, 31 CLC (AD)
....antial evidence. 10. The High Court Division considered 3 specific circumstances for finding the appellant guilty. They are (1) that after the occurrence the appellant remained absconding till the filing of the charge sheet; (2) that the post mortem examination of the exhume...... The Penal Code, 1860 (XLV of 1860) Section 304 Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......opriately commence with the two premises. One is the finding of facts arrived at by the learned Sessions Judge with which we find ourselves in agreement that there was unlawful assembly formed by the accused persons i.e. respondents and others and that the common object thereof was to attack the hou..Category: Criminal Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......ngly the authority concerned considering the question of security of public peace has cancelled his licence being licence No.7/84. It is further stated that since the petitioner is a charge sheeted accused in fatuallh P. S. Case No. 10(2)89 under Section 19(A) of Arms Act and Sections 3 an..Category: Criminal Law | Date: | Hits: 42
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......cedure, 1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director of the Company not depositi..Category: Criminal Law | Date: | Hits: 50
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......eed by way of issuing processes or not by the Court…………(18) The transferee trying Magistrate who has already recorded evidence of few witnesses is authorized to issue process against the accuseds not sent up in the charge sheet but named in the complaint petition on revelation of substa..Category: Criminal Law | Date: | Hits: 60
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......nt. Criminal appeal No. 23 of 1979. (From the Judgment & Order dated 14-7-77 passed by the High Court in Criminal Revision Case No. 189 of 1977.) Judgment: Kemaluddin Hossain, CJ.—The accused are the appellants and the question involved is whether the Sessions Judge acting as a Revis..Category: Criminal Law | Date: | Hits: 33
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......discussed to other cases touching on the point. One is of Haji Joynal Abedin and the other Khondker Ehteshamuddin Ahmed Iqbal. 9. In Haji Joynal Abedin's case the conviction and sentence of five accused persons passed by the Special Martial Law Court was challenged and the question was whether ..Category: Constitutional Law | Date: | Hits: 157
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......dhury, J. -This appeal is directed against the judgment and order dated 14-8-79 passed by the High Court Division discharging the Rule in Criminal Revision No. 291 of 1979. 2. The appellant is accused in a criminal case being C.R. Case No. 2617 of 1972 pending before the Court of Sub-Divisi..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......finding of the Enquiry Officer, the authority is to consider the report and record its finding on the charge. Section 8(b) expressly lays down that the authority is Competent to dismiss or remove the accused from service or to reduce in rank if satisfied. In the Government Servants (Discipline & App..Category: Employment/Service Law | Date: | Hits: 70
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......espondent Judgment March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was n..Category: Criminal Law | Date: | Hits: 42
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... 23, 1976 published in the Dacca Gazette (Extra-ordinary) and the case was registered as M.L. Case No. 6 of 1977. Trial was held against five accused, and all the five accused including Chand Meah (absconding) were found guilty of the offence under sections 302/34 of the Bangladesh Penal Code an......lenging the legality of the order dated April 27, 1977 passed by the Special Martial Law Court No. II in M.L. Case 6 of 1977 arising out of Bajitpur P.S. Case No. 3(3) of 1976 convicting the five accused under sections 302/34 of the Penal Code and awarding death sentence on each of them which wa..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......d. Mr. Aleem-Al-Razee, appearing for the petitioner, contended that the charge-sheet bad been submitted against the petitioner on the ground that extra judicial confession had been made by one of the accused implicating the petitioner as being the real owner of the smuggled goods. Mr. Razee canvasse..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......Munim CJ.—This petition for special leave to appeal is against the judgment of a Bench of the High Court Division rejecting summarily Writ Petition No. 492 of 1978. 2. The petitioner who is an accused in Motijheel P. S. Case No. 70 of 1978 filed the aforesaid writ petition challenging the leg..Category: Criminal Law | Date: | Hits: 58
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ....... 50 of 1972 the decision in the matter lies with the Special Tribunal. It is for the Special Tribunal to decide whether there are materials for taking cognizance of the offence alleged against the accused. The learned Magistrate should have sent the record of the case to the Special Tribunal for ..Category: Criminal Law | Date: | Hits: 48
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......king the following observations: "Be that as it may, in a case like the petitioner where there are no statutory rules making examination or cross-examination of witnesses or personal hearing of an accused mandatory, but disciplinary measures against him are governed by the principles of natural j..Category: Employment/Service Law | Date: | Hits: 72
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ich is used as public path, attacked the informant and other villagers who protested and caused injuries to them by using a gun. Police held investigation and a charge sheet was submitted against the accused persons under section 148/324/431/379 B P.C. The informant moves the Subdivisional Magistr..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......ber 20, 1975. On the basis of the charge sheets the respective Tribunals took cognisance of the cases. The allegations in the Special Tribunal case No. 258 of 1976 are that the respondent and other accused persons named in the First information Report belonged to Jatya Ganataatrik Dal. In a publ..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ...... Shahabuddin Ahmed CJ.- In this appeal by special leave, the short question is whether the High Court Division applied its judicial mind while summarily rejecting an application by the accused-appellants under section 561A Cr.P.C., which sought to quash their conviction for thef..Category: Criminal Law | Date: | Hits: 44
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