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Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......udgment Shahabuddin Ahmed CJ.- In this appeal by special leave, the question is whether the High Court Division erred in law and fact in refusing to quash the criminal proceedings against die accused‑appellant in Special Case No. 57 of 1993, now pending in the Court of Special Judge, Chitt..Category: Criminal Law | Date: | Hits: 76
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......ash the second proceedings, he submits. 13. In reply Mr. Md. Fazlul Karim, learned Counsel for the respondent submits that it is one of the objects of section 561A Cr.P.C. to stop harassment of an accused. If on the basis of materials furnished by the respondent before the High Court Division it ..Category: Criminal Law | Date: | Hits: 85
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... murdered a young girl named Yasmin. It was alleged that on 27-8-1995 there were protest processions in the town and during one of such processions, police opened fire and killed several persons. The accused persons in order to screen the alleged offenders of Yasmin murder indulged in various acts k..Category: Anti-Corruption Laws | Date: | Hits: 92
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ...... was only of a civil nature and that mere breach of a contract cannot give rise to a criminal prosecution. 15. It has been noticed that respondent Iqbal Hossain, who was practically the principal accused, was charged and convicted by the learned special Judge for the offences of cheating (sectio..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......ing for the time-limit and that since no final decision was taken within the period mentioned therein, or at least from the date of coming into force of the new Rules, that is, 19th July, 1984 the accused stood discharged. 6. Leave was granted to consider whether the Administrative Appell..Category: Administrative Law | Date: | Hits: 122
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......ted 5th April, 1995 passed by the High Court Division, Dhaka in Criminal Revision No. 717 of 1991). Judgment ATM Afzal CJ.- This petition by the accused-petitioner is from judgment and order dated 5 April, 1995 passed by a Division Bench of the..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......t decision is covered by a law. Therefore when there is a government decision to do a particular thing the implementation thereof is required under the same law or otherwise the Government will be accused of arbitrariness which amounts to acting contrary to law. It is, however, open to the Gover..Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......the bank was settled. In dealing with such an agreement, their Lordships of the Supreme Court of India made a distinction between the motive which may operate in the mind of the complainant and the accused and which may indirectly be responsible for the agreement and the consideration for such an..Category: Property Law | Date: | Hits: 72
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......4.95 passed by the High Court Division in Criminal Miscellaneous Case No. 1118 of 1994). Judgment: Mustafa Kamal J: This appeal by leave by the accused-appellant is from the judgment and order of a Division Bench of the High Court Division dat..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ...... competent court. It was alleged, inter alia, that some miscreants on 28 February 1994 at the instance of the complainant took the photograph of their learned Advocate Abdul Mazid Khondaker and the accused persons in the Court premises and held out various threats against them, and that similar t..Category: Criminal Law | Date: | Hits: 63
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ...... of the petition are, that on 9.5.91 Mr. Md. Ataur Rahman, on Officer of the Bureau of Anti-Corruption. Dhaka Region lodged a First Information Report with Motijheel PS alleging, inter alia, that the accused persons above named along with Mr. SHM Abul Bashar, the then Chairman of former DIT (since d..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ...... two student’s organisations—Bangladesh Jatiyatabadi Chhatra Dal and Bangladesh Islami Chhatra Shibir filed written memorandums to the Council which was in session demanding expulsion of the main accused of the crime and dissolution of tin Chittagong Medical College Students’ Union. It was, am..Category: Constitutional Law | Date: | Hits: 169
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......d to be concluded within 240 days, with an additional grace of 30 days, where after, as per sub-section (4) of section 339C, “further proceedings in respect of the trial shall stand stopped and the accused person released”. That was the right which the appellant was seeking to pursue, but that r..Category: Criminal Law | Date: | Hits: 75
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......o. 290 of 1967 and Criminal Appeal No, 362 of 1967, arising out of the same judgment by which the learned Additional Sessions Judge and Ex Officio Special Judge, 3rd Court, Dacca, convicted the two accused appellants on 29.4.67 under section 165A of the Pakistan Penal Code and under section 161 o..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......ith Abdul Batin—For the State. Death Reference No. 10 of 1970 and Appeal No. 317 of 1970. Judgment: Habibur Rahman J: This appeal by the accused Lutfor Fakir is directed against the judgment passed by Mr. Nasimuddin Ahmed, Sessions Judg..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......ried to dispossess the plaintiffs and their co-sharer from a portion of the land of the patta in 1947 resulting in a criminal case under sections 143 and 447 of the Pakistan Penal Code and that two accused persons in the said criminal case including defendant No. 1 were summoned but a solenama d..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......with the common object of assaulting the complainant and, in fact, they assaulted him on different parts of his body, the fala blows being inflicted by the petitioner No. 1 Safar Ali. 4. The accused persons took the plea that the occurrence took place in their kalai field at some distance ..Category: Criminal Law | Date: | Hits: 69
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......against an order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lo..Category: Criminal Law | Date: | Hits: 82
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ...... Appeal No. 360 of 1966. Judgment: Habibur Rahman J: This, appeal is directed against the judgment passed by the Sessions Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo transportation for life on a ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......e Criminal Procedure Code and the appellate Court had power under section 423 (d) read with section 522 of the Criminal Procedure Code to order restoration of possession of the disputed hut to the accused. The contention of the learned Advocate for the petitioner on this point is therefore witho..Category: Criminal Law | Date: | Hits: 66
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