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Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......al persons and Abdul Jalil allowed the same although the property in question already became vested and was in possession of the lessees under the Vested Property Authority. On this allegation the accused including respondent Nos. 1 and 2 were put on trial in the Court of the Special Judge, Muns..Category: Criminal Law | Date: | Hits: 61
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ...... the State, is against an order of acquittal passed by the High Court Division in an appeal as well as in a Death Sentence reference. The impugned order is dated 25 January 1988. 2. The four accused‑respondents before us, namely, Mantu, Kabul, Sayedur Rahman and Bakkar, were convicte..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......o strictly follow the Government Rules while making enquiries under the said Rules. It shows that under rule 10(8) of the said Rules, an Enquiry Officer shall give only his finding whether the accused is guilty or not guilty and shall not make any recommendation as to punishment or otherwis..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....n of murder was justified. 2. The appellant along with seven others was tried by the Additional Sessions Judge, First Court Comilla under sections 302/149 of the Penal Code. One Shahid Mia (absconding) was convicted under section 302. The appellant and one Mansur Ali were convicted under ......ion dismissed the appeal of the appellant and Mansur Ali. 3. The prosecution case, as stated in the FIR by the informant, PW 1 Makbul Hossain, is that in the night of 18th October, 1977 the accused Shahid and Mansur Ali staged a musical performance at the along of Salimabad, and as it was..Category: Criminal Law | Date: | Hits: 65
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......the Petitioner's case need not be transferred to the Divisional Special Judges Khulna. In the result, the impugned order of the High Court Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati..Category: Anti-Corruption Laws | Date: | Hits: 100
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....5(2) of Act II of 1947 in connection with various other offences and in all those cases the appellant has been granted bail by the High Court Division. The other accused persons in the case are still absconding and they have not yet been arrested. Hence, considering the facts and circumstances of th......1). Judgment: Latifur Rahman J : This appeal is directed against the judgment and order passed by the High Court Division in Miscellaneous case No. 508 of 1991 on 18.7.91 refusing bail of the accused -appellant. 2. The appellant who was a former Chairman of Bangladesh Chemical Industries ..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......; Shahabuddin Ahmed CJ- In this petition for leave the question is whether the conviction of the accused-petitioners for a minor offence is proper and justified when they were acquitted of a major..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ...... Abul Khair was convicted by the learned Sessions Judge, Noakhali in ST Case No. XXII/April/80 by his judgment and order dated 22.5.85 under section 302 of the Penal Code and sentenced to death. Co-accused Mainuddin Ahmed and Mosharraf Hossain were also convicted in the same trial under sections ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......s while PW 8 was the local Doctor of the health complex and PW 11 the Investigating Officer. 9. The learned Additional District Magistrate upon a consideration of the evidence found that the accused had committed the offence u/s 326 Penal Code, convicted them accordingly and sentenced the..Category: Criminal Law | Date: | Hits: 51
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......rlier transferred by the Session judge and Ex‑officio Senior Special judge, Bagerhat to the Divisional Special Judge for disposal. During the pendency of these two sets of special cases some accused persons in those cases filed applications before the respective Senior Special Judges at Kh..Category: Criminal Law | Date: | Hits: 118
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......ent and shall continue to remain under suspension until further orders. In such an eventuality, the limitation imposed under rule 7(9) shall count from the date of decision to proceed against the accused following the court decision. (4) Further inquiry under sub‑rule (..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......submitted his report on 5.10.1982 finding the appellants and others not guilty of misappropriation. The Criminal Case was disposed of by the Assistant Sessions Judge on 30th March, 1985 finding the accused persons not guilty and observing that the story of dacoity was fabricated and that the good..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......s guilty of contempt of Court". 9. A contempt matter is in the nature of a criminal proceeding, and as such, the person proceeded against ie. the contemner, stands in position of an accused. The allegation of contempt therefore, must be proved by the prosecution and in the case of..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....meantime been submitted in Ramna PS Case No. 89(2)/91 (DAB GR Case No. 15/91) but the same is still lying in the Court of the Chief Metropolitan Magistrate as all the other accused in the case are absconding. From the copy of the order sheet of the case it further appears that the appellant has ......dgment and order dated 21 August 1991 passed by a Division Bench of the High Court Division in Criminal Misc. Case Nos. 506 of 1991 and 507 of 1991 respectively rejecting the prayer for bail of the accused‑appellant under section 498 of the Code of Criminal Procedure. 2. The appellan..Category: Constitutional Law | Date: | Hits: 150
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......High Court Division dated 1 September 1987 disposing of Criminal Appeal No. 110 of 1985. The appeal was from the Session Judge's order in Sessions Case No. 36 of 1984, Patuakhali, convicting five accused persons (respondents Nos. 1‑5 in this leave petition) and sentencing them to transpor..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ...... 13 April, 1985 lodged by Informant (Ismail Fakir PW 1) alleging that his brother Idris Fakir had been murdered by the appellant, along with others, when his brother had protested the action of the accused persons in taking forcible possession of Idris Fakir's boro paddy land. At about 9‑00..Category: Criminal Law | Date: | Hits: 69
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......er dated 25th November, 1991 on a short ground that section 32 of the Special Powers Act, 1974 was a bar to grant bail. 3. Though the appellant is named in the FIR as one of the seven accused persons who are alleged to have committed the offence of abduction there appears to be no p..Category: Criminal Law | Date: | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ...... Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1992). Judgment ATM Afzal J.- The former President of Bangladesh, Hussain Muhammad Ershad, the accused petitioner, is facing trial on a charge of corruption in Special Case No. 7 of 1991 before..Category: Anti-Corruption Laws | Date: | Hits: 88
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......ppeal No. 16 of 1991 (From the Judgment and order dated 13th May, 1991 passed by the High Court Division in Criminal Revision No. 936 of 1990. Judgment Latifur Rahman J.- This appeal by the accused is directed against the judgment and order passed by the High Court Division in Criminal Rev..Category: Criminal Law | Date: | Hits: 64
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......y the High Court Division Barisal Session in Criminal Appeal No. 61 of 1983). Judgment: ATM Afzal J.- This appeal by the 4(four) accused‑appellants, who are full brothers, is from the judgment and order dated 16 January, 1..Category: Criminal Law | Date: | Hits: 60
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