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AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......ners wrongly discharged the Rule upon an erroneous impression that there was no merit in the Rule notwithstanding the fact that the petitioners are neither named in the first information report as accused, nor there is any allegation against them for the commission of the alleged offence and no ..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....t fixing a date for his appearance and without directing the sureties to produce the appellant. Without passing such an order the Senior Special Tribunal could not have treated the appellant as an absconding accused under sub-section (6A) of section 27, because an absent person should not be too......p the second point first on which leave has been granted. This point should have been formulated differently, namely, whether an application under Article 102 of the Constitution is available to an accused person when he had no reasonable opportunity to avail of the statutory remedy of appeal un..Category: Criminal Law | Date: | Hits: 98
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ...... passed by 2. The petitioner filed Criminal Revision No. the High Court Division in Criminal Revision No. 288 of 1990). Judgment: Mustafa Kamal J: The accused-petitioner upon an FIR lodged by one Md. Chhanaullah, Management Consultant of ACME Laborat..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......96). Judgment Mustafa Kamal J.- On a complaint petition dated 2-7-94 under sections 406/420/34 of the Code lodged by respondent No. 2 Complaint Case No. 26C of 1994 was instituted against the accused-petitioners in the Court of Magistrate, 1st Class, Sadar, South and Narayanganj. The petitio..Category: Criminal Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......; 7. It transpires from the order of the trial Magistrate dated 26-5-92 that at the time of granting bail to the appellant for filing appeal against the order of conviction he has noticed that the accused appellant an Ex-Chairman of the Union Parishad was aged about 70 years and he had also been ..Category: Criminal Law | Date: | Hits: 78
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......udgment and order dated 30-6-96 passed by the High Court Division, Dhaka in Writ Petition No. 2647 of 1995). Judgment: Latifur Rahman J: The accused-petitions challenged an order dated 18-10-95 as contained in Annexure-1 passed by the Gover..Category: Criminal Law | Date: | Hits: 78
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......gling Tribunal, Sylhet in Criminal Motion No. 8/11/1989 affirming the order of acquittal dated 21-1-89 passed by the Additional District Magistrate, Sylhet in GR Case No. 77 of 1989 acquitting the accused respondent from charges under sections 107/148/ 149/3241323/307/379 of the Penal Code. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... Penal Code. 5. It is on record that a confessional statement was made by respondent No. 1 on 20-7-82 before a Magistrate, First Class, Chandpur. Respondent No. 2 remained absconding for several months. It appears that at the direction of the Chairman, Special Martial La......ned and cross-examined. Then in August 1983 the Special Martial Law Court ordered further investigation in the case following which a supplementary charge-sheet was submitted on 14-12-83 against 4 accused persons including the aforesaid Officer-in-Charge, Hajiganj PS Abul Kalam Azad. Further tri..Category: Criminal Law | Date: | Hits: 120
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......nd order dated December 9, 1997 passed by the High Court Division, Dhaka in Criminal Reference Nos. 1-3 011997 respectively).
Judgment
ATM Afzal CJ.- These three petitions by the respective accused-petitioners arise out of a common judgment and order dated 9 December, 1997 passed by a Divi..
Category: Business or Commercial Law | Date: | Hits: 163
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......nal Petition for Leave to Appeal No. 27 of 1998. Judgment Bimalendu Bikash Roy Choudhury J.- The accused-petitioner’s application, Criminal Misc. Case No.4924 of 1997, for quashment of the p..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......bsp; ATM Afzal CJ.- Following an FIR filed by respondent No. 2 with Sreepur Police Station, Police upon completion of investigation submitted charge-sheet against the accused-petitioner 10-10-96 under sections 147/447/323/427/114 of the Penal Code. The informant mad..Category: Criminal Law | Date: | Hits: 74
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ...... November 3, 1996. The Penal Code, 1860 (XLV of 1860), sections 406/420 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The petitioner paid money to the accused for business purpose. The accused respondent never denied to repay the balance amount to th..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....19-5-96 a Division Bench of the High Court Division summarily rejected the application and held that the learned Additional Sessions Judge did not commit any error of law in allowing the Motion of absconding accused Ramizuddin. 8. It is against the said judgment and order of the H......spondents Judgment August 17, 1997. The Code of Criminal Procedure, 1898 (V of 1898), Section 540 Even though a gazette notification was published showing the accused as absconder there is no materials on record to find that the accused had any knowledge ab..Category: Criminal Law | Date: | Hits: 73
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......by reason of unsoundness of mind or intoxication or by reason of deception practiced upon him did not know the contents of the document and in such state he was made to execute the document by the accused. Moreover for a conviction of forgery there must be clear evidence as to the above facts wh..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......ence in the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapons by the two sides, established by evidence, saddle the accused persons with disproportionate amount of armed preparation. In the absence of any evidence t..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......r Vs. State ……………... Respondent Judgment January 8, 1997. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Special Judge has jurisdiction to try the accused who is a public servant charged with an offence under section 5(2) of Act II of 1947. The le..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......997. Judgment ATM Afzal CJ.- Accused-appellant Altaf Hossain along with his co-accused father Hafizur Rahman, brothers Ruma, Sultan and Keru and another co-accused Abdul Kader we..Category: Criminal Law | Date: | Hits: 104
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ...... Judgment Mustafa Kamal J.- The two accused-appellants in Criminal Appeal No.7 of 1996 Bernhard Rudigar of German Nationality and David..Category: Criminal Law | Date: | Hits: 130
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......er has presented this petition for leave to appeal. 2. The trial Court and the appellate Court found that the petitioner received a sum of Taka 43,708.00 from Tax Collector Nurur Rahman Khan (co-accused) by putting his signatures on the back of the receipts Ext. 3, series but deposited with the..Category: Criminal Law | Date: | Hits: 95
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... 5-7-95 passed by the High Court Division in Criminal Appeal Nos. 1901 and 2023 of 1991). Judgment Latifur Rahman J. - Criminal Petition for Leave to Appeal Nos. 134 and 135 of 1995 by the two accused-petitioners Samad Sikdar @ Somed Sikdar and Md. Abdul Mannan Sikder respectively are directe..Category: Procedural Law | Date: | Hits: 157
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