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Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....as not justified in convicting the appellants relying on the sole evidence of the approver (witness No. 20). Accordingly the impugned order of conviction and sentence is liable to be set aside. The criminal appeal Nos. 63 and 64 of 2003 are allowed. The appellants Faruque alias Jamai Faruque and...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... 4. During trial one Nur Alam claimed to be the bodyguard of Ershad Ali Sikder was arrested on 03.08.1999 and he made confessional statement implicating himself and appellants and Idris. Thereafter the Case was investigated further and supplementary charge sheet was submitted against 10 a..Category: Criminal Law | Date: | Hits: 45
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....7 of 1987. Petition for leave to Appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No. 104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code of Criminal Procedure for quashing...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......ompanies Act against the accused petitioner alleging misappropriation of various sums of a company named M/S. Master Industries Ltd., falsification of accounts thereof and filing false return and creation of fraudulent accounts. The common case of the complainant-respondent and the accused petit..Category: Criminal Law | Date: | Hits: 40
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......he plaintiff of the suit land (.11 decimals) by a registered Hiba-Bill-Ewaz Deed 2.6.1982 and delivered possession of the same to the plaintiff. The plaintiff alleged that the defendants were creating disturbance to his peaceful possession of the suit land and were trying to dispossess ..Category: Property Law | Date: | Hits: 56
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....arjee and his brothers transferred .30 acres land in favour of the Ahmed Bepari. He has also stated, “Text in Bengali” In a civil litigation onus of prove does not remain constant as in criminal litigation. D.W.3 Md. Hyber Ali son of Jonab Ali did not deny existence of Exts. 5 and 5(......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......nd Sheikh Wahed Ali and their names were correctly recorded in the C.S. Khatian No. 639(Exb.1); Said 3 brothers were in possession of the suit holding by amicable arrangement plots wise and area wise which also has been depicted in the C.S. Khatian and accordingly Cherage Ali was possessin..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....ult to suffer simple imprisonment for further 5 years was not brought to the notice to the High Court Division and that the basis of allegation in the departmental proceeding was the same as in the criminal case and as such whatever may have been the irregularity in the departmental proceedi......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......s promoted to the rank of Inspector of advances, that the Respondent No.2 was charge sheeted on 8.10.1979 and 19.5.1982 for (i) defying and disobeying the order of controlling authority, (ii) for creating shortfall in the stock of goods pledge to the Bank by the borrowers, (iii) negligence of du..Category: Labour and Industrial Law | Date: | Hits: 79
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......e. It is also on evidence as testified by P. Ws. 1, 2 and 3 that the petitioner took the deceased on 22.12.98 from their house on the plea of going to the house of his sister on a pleasure trip. Thereafter the beheaded dead body of the deceased was found lying in the filed near the house of the ..Category: Criminal Law | Date: | Hits: 50
M. M. Kamruzzaman Vs. The State and another, 2007, 36 CLC (AD)
....y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ......y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ......y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......under registered post and also through courier service which accuseds received on 27.4.2006 and after waiting for the period mentioned in the legal notice, the petition of complaint was lodged. Thereafter the accuseds appeared on 28.5.2006 before the Court and were enlarged on bail. Thereafter c..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....of the Special Court confiscating the property of the respondent No.1. 7. It appears that the respondent No.1 having had not been released i.e. not being enlarge on bail during the pendency of the criminal appeal filed by her against the judgment and order of the Court of Special Judge, her tadbi......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246....... Appeal and the petitioner in the Petition was put on trial to answer the charge under section 26(2) of the Anti Corruption Commission Act, 2004 and Rule 15 Gha (5) of the Emergency Power Rules, 2007 read with section 109 of the Penal Code and also the charge framed under section 27(1) of the Anti C..Category: Criminal Law | Date: | Hits: 51
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......he extortionist on the road of old medical colony near stadium market towards the east of Niramoy Diagnostic Center. His brother was taken to the M. A. Osmani Medical College Hospital, Sylhet for treatment. He was also informed that the extortionist was apprehended. On this information, P.W.1, Fa..Category: Criminal Law | Date: | Hits: 47
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......f Criminal Procedure stating, inter alia, that on 1.9.1999, being attacked by viral hepatitis, he went to Dr. Md. Kamaruddin, Medical Officer, Sadar Hospital, Gazipur on 2.9.1999 and was under his treatment up to 28.2.2000 and even then he was not fully cured and could not move from one place to..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ...... Judgment June 26, 2004. Result: The review petition is dismissed. A review is never meant nor can be allowed to be utilized as another opportunity for rehearing a matter which has already been closed by a final judgment……………………..(7) Lawyers Involved: Abdul Mal..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......ac12; decimals land of plot No.111A appertaining to Khatian No. 236 of Mouza Debidwar under police Station Debidwar by a registered deed dated 15.02.1987 from accused No. 2 Abdul Latif @ Hanif. Thereafter, the said accused Latif again sold out the same area of land to accused No.1 by another reg..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....nto the matter by examining witnesses and making adverse comments and suggestions against the appellants which will seriously affect the course of justice if the respondents prefer to lodge a criminal case against the appellants and the submission that as the proceedings of 1st Miscellaneou......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......t on 25.08.1996 for order. The said judgment and order has been stayed after this Division on 22.08.1996 granted leave against the said order dated 20.08.1996 in Civil Petition No. 520 of 1996. Thereafter the said respondents filed the instant Miscellaneous Cases under Section 476 of the Code of..Category: Criminal Law | Date: | Hits: 49
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......ame back to her husband's house in Dhaka but again she was assaulted by her husband for dowry and thereafter her husband left for London and she went back to her father's house at Sylhet for treatment. On his return from London her husband issued a legal notice claiming huge amount all..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
....hy;sion in Criminal Petition for Leave to Appeal No. 101 of 2000 dismissing the same being not maintainable. 2. The facts, leading to this petition, are that the convicted petitioners filed criminal petition for leave to appeal being no.101 of 2000 against the judgment and order dated 16t...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......on, Khulna in Special Case No. III of 1994 arising out Kotawali (Barisal) Police Station Case No. 30 dated 31-01-1993 convicting the petitioners under Section 467/471/409/109 of the Penal Code read with Section 5 (2) of Act-II of 1947 and sentencing petitioner No.1 Hoq Sikder under Sections..Category: Criminal Law | Date: | Hits: 44
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......f 1359 B.S. Settled the suit land orally to the plaintiff Rakhal Chandra Pal. Manindra Nath filed Rent suit No.150 of 1956 wherein tie admitted the present plaintiff as his tenant. On payment of arrear rents the suit was dismissed. The plaintiff had been in possession of the suit land having the..Category: Property Law | Date: | Hits: 26
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......t for the contraband gold bars found in their possession, the gold bars were seized and the convicts along with the incriminating materials were taken to the Bandar Police Station and thereafter regular case was started upon filing formal FIR against the petitioners. 3. On comp..Category: Criminal Law | Date: | Hits: 61
Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)
.... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ...... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ...... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ..Category: Criminal Law | Date: | Hits: 64
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....r No. 8 dated 19-7-2000 and framed charge against the appellant under Sections 120B/326/302 and 34 of the Penal code and against which, the appellant moved the High Court Division in revision being criminal Revision No. 791 of 2000 and the same was summarily rejected on 14-8-2001 and hence the p......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......ed later on apart from hundred others being injured that no accused was mentioned in the said F.I.R nor any one was arrested by the police on duty there from the place of occurrence immediately thereafter. 5. The cases was investigated by the police for sometime, thereafter the case was t..Category: Criminal Law | Date: | Hits: 47
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