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Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......eal No.8 of 1993. (From the Judgment and Order dated 20.6.93 passed by the High Court Division in Criminal Revision No.895 of 1993). Judgment: Mustafa Kamal J.- In this appeal by leave the accused‑appellant is aggrieved by the judgment and order dated 20.6.93 passed by a learned Single ..Category: Criminal Law | Date: | Hits: 69
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ...... to bail only, we need not consider the merit of the appeal. In appeals involving short term of imprisonment the Appellate Court should either dispose of the appeals or consider the release of the accused on bail. We do not think that in the instant case it was necessary for the teamed Single Ju..Category: Criminal Law | Date: | Hits: 55
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......unal is not a Court to follow procedures of a trial or enquiry according to the Civil Procedure Code. In appropriate cases the domestic tribunal may arrive at a decision simply by questioning the accused and considering his explanation." 9. The appellant has cited Project in Charge, Paruma ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......e granting stage that the minimum principle of natural justice was not followed while passing the impugned order in review. 4. Accused Shawkat Ali Khan of Criminal Appeal No. 15 of 1991 and accused‑appellant Md. ldris Patwary of Criminal Appeal No. 4 of 1992 were the Principal Offic..Category: Constitutional Law | Date: | Hits: 174
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......n the result of such examination, and, when such report contains a recommendation that a sentence be reversed or altered, any order that the execution of such sentence be suspended, and, if the accused is in confinement, that he be released on bail on his own bond." 11. Section..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......on 21 November 1993 in Criminal Revision No. 2054 of 1993, which was heard along with two other revision cases. Facts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by threat and physical assault, snatched aw..Category: Criminal Law | Date: | Hits: 98
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......udge, Bogra, to answer a charge under section 467 read with section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Amatun Nessa (acquitted since then) inherited 28 3/4 decimals of land which she sold to the..Category: Criminal Law | Date: | Hits: 61
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... of his recalcitrant daughter, Ayesha Akhtar (Rima) alias Dolly, respondent No. 2, who is said to be a minor of about 12 years of age Ad was alleged to have been taken away by force on 29.8.92 by the accused in Demra PS Case No. 94(8)/92. Respondent No. 2, however, claims that she is aged about 19..Category: Criminal Law | Date: | Hits: 68
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......nst the defendant No.1 and others and they were found guilty and were convicted but on appeal they were acquitted on technical ground that trial was held without obtaining sanction since one of the accused was a public servant. It was also the case of the plaintiff that Karuna Moyee Dasi came in ..Category: Property Law | Date: | Hits: 59
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......f the sentence of death to imprisonment for life. 2. The facts, in short, are that, Susanta Gope, son of Jayanta Gope, was sleeping in his house on the 8th Baishak 1404 at about 3-00 AM while the accused petitioner along with other accused went to his house, and then the petitioner and others ca..Category: Criminal Law | Date: | Hits: 47
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ...... 498 of Cr.P.C. is not maintainable. Disposal of seized articles is governed by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for such release and th..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......World Tel Holding Ltd. Therefore, on 12-7-2001 an agreement was signed between the Government and World Tel Holding Ltd. It was further stated in the first information report that on the direction of accused No. 1 the consultancy fee of Tk. 12,22,000 and USD 20,370 was realised from the winning bidd..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......tradiction and embellishment in the prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumstances, benefit of doubt goes in favour of the accused……….(18) Before an order of acquittal is reversed it must be shown that the Judgment..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......pondents Judgment July 14, 2004. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25 The Customs Act, 1969 (Act No. IV of 1969), section 156 The accused has been acquitted of the charge of smuggling in the Special Tribunal Case under the Speci..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......tatement of the appellant, PW 20 Medical Officer, who held autopsy of the dead body of the victim and PW 21 is the Investigating Officer. PWs 11, 13 and 17 were tendered by the prosecution but the accused persons declined to cross-examine them. PWs 4 and 9 are the witnesses to the inquest report..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provision of law. The Sub-rule (2) of Rule 7 provides that ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......isonment for life. 2. Facts revealed in the leave petition, in short, are that on 21-9-1990 Abdul Aziz, brother of Abdul Kader Mridha, PW 1 and his son Hanif went to cultivate their land while co-accused Mokbul Mridha and others forcibly entered into the land of Plot No. 216 with the help of som..Category: Criminal Law | Date: | Hits: 78
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... Shahabuddin Ahmed CJ: This appeal by special leave calls in question an order of the High Court Division dated 5 December, 1985 acquitting the accused respondents (except respondent Azimuddin) in Criminal Appeal No. 232 of 1984. All of them e..Category: Criminal Law | Date: | Hits: 68
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ed 13.6.91 passed by the High Court Division, Dhaka, in Criminal Appeal No. 410 of 1991). Judgment: MH Rahman J: The accused-petitioners were convicted under section 25B of the Special Powers Act, 1974 and sentenced ..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......e powers, functions, etc. as governmental powers, not as powers, functions, etc. belonging to the erstwhile Parishad or a local government. This was a draftsman's error for which Parliament cannot be accused of making a colourable legislation. 84. My answer to the first question is therefore ..Category: Constitutional Law | Date: | Hits: 655
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