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Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... August 8 2001. The Penal Code, 1860 (XLV of 1860), Section 304 When there is no evidence from the prosecution side that the accused had the knowledge of the frail condition of the victim it cannot be held that the accused a..Category: Criminal Law | Date: | Hits: 59
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
....ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ......From the Judgment and order dated 29-6-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 1613 of 1999). Judgment Latifur Rahman CJ.- This petition by the accused-petitioner is against the judgment and order passed by a Division Bench of the High Court Di..Category: Business or Commercial Law | Date: | Hits: 117
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......m the judgment and order dated 25 August 1998 passed by the High Court Division in Criminal Appeal No. 361 of 1993). Judgment Mainur Reza Chowdhury J.- The accused petitioner has filed this petition for leave to appeal against the judgment and order date..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......gment and order dated 23-10-2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6196 of 2000). Judgment Md. Ruhul Amin J.- Petitions accused in GR Case No. 660(1)98 660/98 and STC No. 16 of 2000 arising out of Chandpur PS Case No. 8..Category: Criminal Law | Date: | Hits: 65
State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
....ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......n heard and on this very account the leave petition must be rejected. Upon evidence on record a different conclusion might be arrived at from those upon which the High Court Division acquitted the accused persons and on such ground this Division did not interfere. ..Category: Business or Commercial Law | Date: | Hits: 99
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ...... The Penal Code, 1860 (XLV of 1860), Section 100 The prosecution having failed to explain satisfactorily the incised injuries on the back of the accused supported by medical certificate the plea of right of private defence of life of the accuse..Category: Criminal Law | Date: | Hits: 55
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......dure, 1898 (V of 1898), Sections 236, 237, 238 & 337 The offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no charge for the offence of ..Category: Criminal Law | Date: | Hits: 72
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... The Constitution of Bangladesh, 1972, Article 32 The Code of Criminal Procedure, 1898 (V of 1898), Section 497 The accused having alleged to have committed a substantive offence of murder his liberty can be curtail..Category: Criminal Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......show cause notice, although it was duly sent to his recorded address. The Government Servants (Discipline and Appeal) Rules, 1985 require the authority to appoint an enquiry officer even though the accused employee fails to show cause, but the same Rules of 1976 do not require the authority to do..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....ye‑witness of the occurrence in this case, P.W.2 Jaj Mia, a boy of 8/9 years, was accompanying his deceased father Abdur Rashid. He himself sustained injuries at the hands of the appellants and the absconding accused Golap. He stated in his examination‑in‑chief that at about 9‑00 PM he was r....... 8 of 1994. (From the Judgment and order dated 25.1.93 passed by the High Court Division in Criminal Appeal No.28 of 1990). Judgment Latifur Rahman J.- This appeal at the instance of two accused appellants is directed against the judgment and order dated 25.1.93 passed by a Division Ben..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......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. In some cases examination of witnesses in presence of a..Category: Administrative Law | Date: | Hits: 138
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......vision, Dhaka in Criminal Revision No. 1450 of 1994). Judgment: ATM Afzal J: This accused‑petitioner who claims to be a child within the meaning of the Children Act, 1974 is f..Category: Criminal Law | Date: | Hits: 66
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......Criminal Misc. Case No. 546 of 1995). Judgment: ATM Afzal J: The petitioner who is an accused in GR Case No. 186 of 1994 arising out of Shibganj PS Case No.7 dated 4.11.1994 under secti..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......tigation of the case. 3. The appellant was taken on police remand for 3 days on 19 May 1987. On 20 May 1987 PW 1 recovered the blood‑stained saree of the deceased and lungi of the accused from the place pointed out by the accused and those were seized in presence of witnesses. O..Category: Criminal Law | Date: | Hits: 73
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ...... 90 years in his statement under section 342 Cr.P.C. and that he himself conducted the case on behalf of the appellants all‑through and, as such, it is within his personal knowledge that the accused is about 90 years old. In these circumstances, his submission may be accepted and the sente..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......r committee to examine and report on the allegations against the officer or employee. The status of the enquiry officer or member of the committee, as the case may be, should be higher than the accused. (4) At that enquiry oral evidence shall be heard and recorded and the persons ..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......der section 526 of the Criminal Procedure Code. The said case is Sessions Case No. 29 of 1990 under various sections of the Penal Code including section 302. 2. Appellants before us are the accused‑persons in that sessions case. Hearing of the case was last adjourned to 6 July 1994 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......p; ATM Afzal J: This petition, by an unusual petitioner, arises out of an unusual Criminal proceeding where Police in the name of further investigation made the informant and witnesses of the case accused in the same case resulting in an unusual order of quashment passed by the High Court Divisi..Category: Criminal Law | Date: | Hits: 57
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ...... Criminal Petition for leave to Appeal No.92 of 1994. Judgment: ATM Afzal J: The accused‑petitioner was convicted by a Magistrate, Second Class, Savar, under sections 448, 38..Category: Criminal Law | Date: | Hits: 74
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......; ATM Afzal J- This petition by the State is from judgment and order dated 28 August, 1994 passed by a Division Bench of the High Court Division in Criminal Misc. Case No.1402 of 1994 enlarging the accused‑respondent on anticipatory bail to the satisfaction of the Deputy Commissioner, Sylhe..Category: Criminal Law | Date: | Hits: 64
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