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Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....26/307 and 309 of the penal code to which he pleaded not guilty. After examination and cross-examination of prosecution witnesses, the convict-petition was examined under Section 342 of the code of criminal procedure to which he repeated his innocence. The defense examined no witnesses. ......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... third son of deceased used to reside at home in the same courtyard along with his father (deceased) after coming from abroad. He went abroad two or three times but came back at short interval. Thereafter, the accused started demanding money from his father by selling land for going abroad again..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....me before the High Court Division. Accordingly, we find no cogent reason to interfere with the Judgment and order passed by the High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......Station implicating the petitioner, Mansur the brother of the petitioner and also Rabiya Bibi, wife of Mansur whereupon Bagha P.S. Case No. 9 dated 22.11.1995 was started under section 302/201 read with section 109 of the penal code. Then on 26.4.1998 the petitioner was produced before P.W.8..Category: Criminal Law | Date: | Hits: 36
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....17 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......d. 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: 1 ADC (2004) 277. ......mpanies 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 of false return and creation of fraudulent accounts. The common case of the complainant respondent and the accused ..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ed the accused filed an application under Section 241A of the Code of Criminal Procedure praying to discharge him but the learned Magistrate rejected the application and then the accused filed criminal Miscellaneous case No. 5518 of 2001 under Section 561A of the Code of Criminal Procedure p......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......petitioner on 17.06.1999 and 21.06.1999 which are with in 15 days of the receipt of information of return. As such, we do not find any illegally in it." 13. As already stated, this decision has been affirmed by the Appellate Division in the case reported in 53 ..Category: Business or Commercial Law | Date: | Hits: 138
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
.... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......y offence of the kind said to have been committed by them. 3. Prosecution case, in short is that on February 16, 1992 on the basis of an information sub-Inspector attached to the Detective Breach of Dhaka Metropolitan police along with some other police personnel went to Taj Hotel at Mirp..Category: Criminal Law | Date: | Hits: 41
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
....995 in part and thereupon acquitted Sree Lakhan Chandra Baddayakar. The learned Single Judge maintained the conviction and the sentence of Md. Fazar Ali. The High Court Division dismissed the criminal Appeal No. 2321 of 1995. As against the judgment and order of the High Court Division...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......t by the appellant and others. The Investigating agency on completion of investigation submitted charge sheet against the appellant and six others under section 406/109 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947. In due course the records were se..Category: Criminal Law | Date: | Hits: 49
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......e date of an order of acquittal and the 'special limitation' under Section 417 (3) of the Cr.P.C. "left no scope for application of Section 5 of the Limitation Act inasmuch as there being no cogent reason explaining the delay, there is no scope in law to condone the delay to secure ends of justice..Category: Criminal Law | Date: | Hits: 109
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ......plication and the records of the case. It appears that the trial Court upon framing 6 (six) issues decided the issues upon due consideration of materials of record placed by both the parties and thereafter decreed the Suit in favor of the plaintiff petitioner. But on perusal of the judgment of t..Category: Procedural Law | Date: | Hits: 76
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......time of suspension and (dismissal order that is Assistant General Manager (General Service) of Thakurgaon Palli Bidut Samity.....The inordinate delay in considering his appeal was good enough reason for the petitioner to be aggrieved and to file this writ petition. Further it was pointed ou..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....appellant and Mr. Abdul Malek, Senior counsel for the respondents and perused the impugned judgment and order of the High Court Division and all other connected papers. 7. It appears that in criminal petition for leave to appeal No. 103 of 1996 this Division observed that the respondents ......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......hich he stated that accused Respondent No.2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing fractures on his head for which he was treated at the combined military Hospital. On the same day C.S. witness No.16 S. M. Zillur Rahman l..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ...... and deceased Monsur Ali were returning home in the boat of deceased Entaz Ali with bundles of clothe and cash money from Bumagati hat (weekly) market. At about 8.30 P.M. when they with their boat reached at the "Mohana" of the river nerar sonapur village, about 10/12 dacoits came by b..Category: Criminal Law | Date: | Hits: 49
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......f the torch light of the accused. These two appellants along with others were placed on trial before the learned Sessions judge, Rajbari who convicted and sentenced the appellants as aforesaid. Thereafter these two appellants along with another preferred Criminal Appeal No.1933 of 1993 before th..Category: Criminal Law | Date: | Hits: 78
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
.... As to the second point regarding maintainability under section 491 of the Code of Criminal Procedure the said provision is quoted as under: (a) that a person within the limits of its (appellate criminal jurisdiction) be brought up before the Court to be dealt with according to law;......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......icate it appears that the victim Mamota Karmaker is still a minor and as such she can not be confined even at the direction of the learned Sessions Judge only for determination of her age which has already done and (iv)whether in view of the consistent of the higher courts of the sub-continent that ..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....ke the jurisdiction of this Division under section 561A of the Code of Criminal Procedure if he can make a case of quram-non-judice of the trial court, or that the facts alleged do not constitute any criminal offence or the conviction has been based on no evidence or otherwise to secure the ends of ......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......ers alleging that on 01.05.1994. the accused persons trespassed into the house of the informant and assaulted him and they also went to the shop of the informant and demanded Tk. 2000/- as till and threatened the informant to kill in case he died not pay the money and upon that allegation the Pallab..Category: Criminal Law | Date: | Hits: 47
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......deposed by P.W. 6 Md. Alauddin. This witness has stated that in 2. 11. 1990 Police seized 22,500 pieces of bricks from the north of his house, that the Police after preparing the seizure list read over the same to him and he signed the same. He has proved his signature in the seizure list w..Category: Criminal Law | Date: | Hits: 34
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....512 of 1992 discharging the Rule obtained against the judgment and order dated September 30, 1992 of the Court of Sessions Judge, Dinajpur in Criminal Appeal No.102 of 1991 dismissing the same, the criminal Appeal was filed against the judgment and order dated 5.8.1991 of the Court of Additional ......eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ...... Leave was granted to consider the submission of the learned advocate for the petitioner that the sentence awarded was severe and harsh and that having regard to the nature of the offence and reality of the social life sentence of the convict may be reduced on the above and also on com..Category: Criminal Law | Date: | Hits: 35
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....etropolitan magistrate on 10.6.1997. The Magistrate took cognizance and also enlarged the respondent No.1 on bail. 3. Thereafter, the accused respondent moved the High Court Division in its criminal revisional jurisdiction in Criminal Miscellaneous Case No. 3325 of 1997 under section 561A......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......3.5.1997 asking the accused respondent to pay back the entire amount. The accused respondent failed to comply with the notice and C.R. Case No. 1099 of 1997 under section 420/406 of the Penal Code read with section 138 of the Negotiable Instruments Act was filed before the Chief Metropolitan mag..Category: Criminal Law | Date: | Hits: 45
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
.... but the police after investigation submitted charge sheet against the accused petitioner under section 406/420 of the Penal Code read with section 138 of the Negotiable Instrument Act for criminal breach of trust and cheating. The fact of demanding compensation by the informant in the ......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......Code of Criminal Procedure. 2. Facts, in short, are that the complainant respondent No.2, on 7.7.2005, lodged an FIR with Kotawali Police Station Chittagong under section 406/420 Penal Code read with section 138 Negotiable Instrument Act, alleging that the petitioner received Tk. 3,15,000..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......10.00 a.m. went to Dhaka for withdrawal of money from the bank, but on the same day he did not return and subsequently, P.W. 1 along with his relations searched him but could not trace him out. Thereafter, on 19-07-1984 a letter was found near the shop of Anowar at Dhalla Bus Stand addressed to ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......ore the Special Tribunal No.7, Dhaka who after hearing the parties framed charge against the accused persons and others under Section 25B (1) (a) and (b) of the Special Powers Act, 1974 and read it over to the accused to which the accused pleaded not guilty. The accused petitioner being a..Category: Criminal Law | Date: | Hits: 37
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