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Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)

....leave-petitioners in Druto Bichar Case 11 of 2005 now pending in the Court of Druto Bichar Tribunal, Rajshahi should not be set aside. 3. The High Court Division upon hearing the parties discharged the Rule by judgment and order dated 18th July, 2005 in the aforesaid Criminal Revision No......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this applica­tion. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)

....onnivance with some offi­cers and license holders of drug and thus com­mitted an offence under Sections 23 and 25 of the said Act. After investigation, the Investigating Officer submitted a charge-sheet on 28-7-1998 against 17 accused persons but final report in favour of 5 accused perso...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 90

State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)

....formation Report was registered on the basis of which Khulna GRPS Case No. 2 of 1997 was started under Section 304A of the Penal Code read with section 101 of the Railways Act and after investigation charge sheet was submitted against the two respon­dents and others including Syed Jahangir Alam and......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 43

State Vs. Mofizuddin and other, 2005, 34 CLC (AD)

....ng convict Kazi Tipu Sultan with some telephone numbers was written. During investigation condemned prisoner Mafizuddin made confessional statement. Police on completion of investigation submitted charge sheet against the condemned prisoners and absconding convict Kazi Tipu Sultan. During trial ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 40

Abul Khair Vs. State, 2005, 34 CLC (AD)

....ctim being critical, P.W.7 advised to take the victim to Sadar Hospital at Chandpur for better treatment and then on the way to Chandpur Hospital the victim died. After completion of investigation charge sheet was filed on 29.9.1988 against the appellant, Imam Hossain also and 4 others under sec......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 52

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

....alments, for the appellants but was unsuccessful. 3. Then Eid-ul-Fitr holiday commenced from 4 May 1989 and the learned Junior Judge of the Division Bench which rejected the prayer for bail was in charge of the vacation and staying at Dhaka. The pe­titioner moved a bail petition again before the......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The pe­tition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..

Category: Criminal Law | Date: | Hits: 55

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....ioner request­ed the BSB to afford him an opportunity to repay the outstanding dues in instalments of Tk. 40,000/- per month. The petitioner also made representation to the Vice-President, who is in charge of the Ministry of Industries, but the BSB upon considering every­thing took the decision to......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..

Category: Banking Law | Date: | Hits: 117

Kamruzzaman Vs. State, 1990, 19 CLC (AD)

....ceedings in respect of the trial shall stand stopped and the accused-person released". 2. Appellant was sent up by the police under the 'Act' for trial by Special Tribunal No. IV of Co­milla on a charge under sec. 19(1) of the Arms Act. Record of the case was received by the Special Tribu­nal o......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..

Category: Criminal Law | Date: | Hits: 58

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

....e absolute in Writ Petition No. 1701 of 1988. 2. Material facts of the case are that the respon­dent, who was a Superintending Engineer and work­ing as Additional Chief Engineer (holding current charge) of the Roads and Highways Department was dismissed from service by the Chief Martial Law AdÂ...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..

Category: Criminal Law | Date: | Hits: 53

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....ourt of the Additional Ses­sions Judge, Khulna in Sessions Case No.283 of 1981 for the alleged murder of one Sakhawat Hossain @ Saku of village Damodar PS Fultala, District Khulna. The appellant was charged under sections 302 and the other two were charged under sections 302/109 Penal Code. 5. T......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..

Category: Criminal Law | Date: | Hits: 44

Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)

.... learned counsel could not point at any illegal­ity or infirmity in the decision of the High Court Division so as to call for any interfer­ence. The petition is dismissed. Ed. ...... learned counsel could not point at any illegal­ity or infirmity in the decision of the High Court Division so as to call for any interfer­ence. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....of the Code of Criminal Proce­dure. The condemned prisoner also made ju­dicial confession, which was recorded by a competent Magistrate. On completion of in­vestigation police submitted charge sheet. 3. The plea of the condemned prisoner is that he was innocent and he has false......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

State Vs. Sentu and others, 2004, 33 CLC (AD)

....eti­tion has been preferred against the judgment and order dated 13.04.2003 passed by the High Court Division in Criminal Appeal No. 2624 of 1997 acquitting the accused respon­dents of the charge under sections 302/34 of the Penal Code. 3. The facts, in brief, are that on 28.06.199......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ..

Category: Criminal Law | Date: | Hits: 41

State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)

....dgment and order passed by a Division Bench of the High Court Division dated 12 March, 2002 in Criminal Appeal No. 1600 of 1998 allowing the appeal thereby acquitting the accused respondents of the charge under sections 409/109 of the Penal code read with Section 5(2) of Act II of 1947. 3.......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ..

Category: Criminal Law | Date: | Hits: 35

M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)

....dent No. 1 felt constrained to institute the aforesaid criminal case against the accused petitioner. 4. The case being sent for trial, the learned Metropolitan Magistrate, Chittagong framed charge against the accused petitioner under Section 420 of the Penal Code. 5. The accused pe......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of  the appeal. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Abu Taleb Vs. State, 2007, 36 CLC (AD)

....Miscellaneous Case No. 386 of 2005 rejecting in limine an application of the petitioner under section 561A of the Code of Criminal Procedure. 2. The convict petitioner was prosecuted on the charge that he along with two others on 20-6-1995  demanded toll of Taka 5,000 from one Md. Cha...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 47

Serajul Hoque (Md) Vs. Government of Bangla­desh, 2007, 36 CLC (AD)

....e revised order dated 10-1-1996 and thereby placing respondent No. 4 above the petitioner in the promo­tion order and the order dated 10-4-2000 (Annexure-F to the writ petition) giving current charge of Senior Deputy Director to respondent No. 4. 3. In Writ Petition No. 94 of 2003, the......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 59

Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)

....nd then she was taken to Netrokona Hospital and on the basis of a complaint filed by Khodeja Khatoon, her mother, Netrokona PS Case No.11(8)200 was started and after investigation police submitted charge-sheet against the appellant Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under sections......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 71

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....war, Metropolitan Magistrate, Dhaka (P.W 41) to whom the accused gave a confessional statement recorded by the aforesaid learned Magistrate. After investigation PW 44 Munshi Atiqur Rahman sub­mitted charge-sheet on 21-3-2006 against the petitioners and absconding accused Asadul Islam Arif and one M......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....— "Schedule showing (approximately) materials to be supplied by the Communications and Works Dept. clauses 10 and 26 for work contracted to be executed and the rates at which they are to be charged for. Materials, if available, may be issued from PCA store at Mongla as per attached sch......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 109