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State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... Civil Petition No. 338 of 1978 preferred against the Judgment and order dated 7.7.1978 passed by the High Court Division in Writ Petition No. 163 of 1978 making the rule absolute and acquitted the accused-respondents who were convicted under sections 395 and 397 of the Penal Code and Special Pow..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......tirely in agreement with Mustafa Kamal, J I and have nothing further to add. Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before th..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ....... 1 Nur Mohammad lodged an information in the Nalchity Police Station, alleging, inter alia, that while he and his elder brother P.W. 12 Abdul Mannan were away from their house in the morning, the accused appellants, and many other persons, variously armed, raided their house in order to take it..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......nder section 409 Penal Code, in Special Case No. 3 of 1972. 3. The learned Special Judge upon a consideration of the evidence on record found that the prosecution proved its case against the accused-respondent beyond all reasonable doubt. The learned Judge, however, upon a misconcepti..Category: Criminal Law | Date: | Hits: 41
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......p; ATM Afzal J.- This appeal by leave is fro an order upholding confiscation of the seized goods while acquitting the accused as passed by a Division Bench of the High Court Division, Dhaka on 5.12.91 in Criminal Appe..Category: Criminal Law | Date: | Hits: 62
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......on from a person other than a Police Officer or when the Magistrate does not accept the final report submitted by the Police Officer after investigation and continues the proceedin8 against the accused on the basis of narazi petition or suo‑motu ordering enquiry or examining witnesses...Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......necessity for a preventive measure survives, and that the acquittal was on technical ground, or on benefit of doubt or due to the witnesses' refusal to tell the truth for fear of reprisal from the accused or that fresh evidence that has been discovered would have secured a conviction, if produce..Category: Criminal Law | Date: | Hits: 88
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......tation and narrated the incident to the Police and soon thereafter she led the police party to the room where she was raped and on her showing, police arrested these three appellants and the other accused fled away. From the said room police seized TV, VCR, three cassettes and air gun. Subsequen..Category: Criminal Law | Date: | Hits: 66
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......989. The allotments were made to the thirteen applicants with the ulterior motive to give the land to the JPL whose Chairperson was Raushan Ara Begum. Abdus Sattar was a Director of that company. The accused made the transaction illegally in collusion with each other to obtain a pecuniary advantage ..Category: Anti-Corruption Laws | Date: | Hits: 302
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......sp; Shahabuddin Ahmed CJ.- This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's application under section 561A Cr.P.C. for quashing a criminal proceeding again..Category: Criminal Law | Date: | Hits: 43
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......question of discrimination in the trial of the respondent before the Special Tribunal instead of before a Magistrate. Procedure for trial of this offence under the ordinary law is advantageous to the accused‑respondent and punishment thereunder is much less than that under the special law. He has ..Category: Criminal Law | Date: | Hits: 132
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......h, arising from or consequent upon a trial by a Special Tribunal or a Special Magistrate, Article 10 provides that notwithstanding anything contained in the Code, no person who is in custody, accused or convicted of a schedule offence shall be released on bail. Clause (2) of article 2 ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......, i.e, the Bangladesh Collaborators (Special Tribunals) Order, 1972 (hereinafter referred to as the Collaborators Order) before a Special Tribunal at Sylhet. Both the petitioners are shown as accused in column 3 of a single police report submitted by a Sub-Inspector, Kotwali P.S, Sylhet. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ...... 230 of 1973) Judgment: Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at Mymenshingh under President..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... Section 427 of the Code provides that when an appeal is presented against an order of acquittal, the High Court Division— "may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he ..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......985 in Sessions Case No. 17 of 1984. State is the appellant and the question raised in this appeal is whether the High Court Division is well-founded in law and fact in acquitting one of the three accused‑respondents and affirming the conviction and reducing the sentence of the other two. ..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ...... No. 6 of 1993. Judgment: Latifur Rahman.- This appeal by leave at the instance of 17 accused-appellants is directed against the judgment and order of a Division Bench of the High Court..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....challenge the principles laid down in aforementioned cases, but he contends that notification published under clause (1) of Article 17 of President's Order No. 8 of 1972 shows that the respondent was absconding or concealing himself or remaining abroad and hence any further notice would have been an......r such an act is not inconsistent with his still availing himself of the passport in other countries than Germany and possibly even in Germany itself." 32. The passport was never found again. The accused might have used it only to gain admittance to Germany and might then have discarded it. As t..Category: Immigration and Citizenship Law | Date: | Hits: 522
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......tition for Leave to Appeal No. 75 of 1993. (From the judgment and order dated 27.7.93 passed by the High Court Division is Criminal Revision No. 933 of 1993) Judgment Mustafa Kamal J.- The accused‑petitioner was being tried for the murder of one Nayek Ali Azam under section 302 of the P..Category: Criminal Law | Date: | Hits: 53
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ......p; MH Rahman J.- Respondent No. 1 a jute-merchant, filed a petition of complaint before the Thana Magistrate, Tala, accusing, inter alia, that on October 26, 1991, the accused appellant requested him to supply two trucks of jute at Taka 83,059.00 and assured him that..Category: Criminal Law | Date: | Hits: 70
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