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Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....ficer entrusted him with the responsibility of holding investigation subsequently. He completed the investigation work and thereafter, on obtaining sanctions orders of the Government, submitted charge sheet on 3-10-1990 against the accused person under section 409 of the Penal Code and under s......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 90
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
.... also disclosed name of the six other dacoits including Abdus Salam Mollah. Over the said incident information was lodged with the police station at Modhukhali. 10. On completion of investigation, charge sheet was submitted against 8 (eight) accused persons. In due course the records were receive......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....of taking oaths on 10.7.1988. It is an admitted fact that first installment of payment of loan was due on 31st March, 1987 but respondent No.1 did not pay that installment. The High Court Division discharged the Rule after holding that the repayment of the loan means repayment of the entire loan and......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
....947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction or...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
....t for the office of Chairman of the said Union Parishad, he was declared elected unopposed and it was published in the Official Gazette on 7.6.88. The appellant duly took oath of office and assumed charge on 4.7.88. 6. The respondent annexed to his Writ petition an order (Annexure 'D') of the E...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....m the Ministry of Law which also opined that fresh notices under section 5 (1a) and 5(3) were required to be served for valid acquisition of the suit property. Thereafter, Mr. Abdul Haque took over charge as Minister of Land Administration and Land Reforms. But before passing any written order i......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
..... A.N.M. Sirajul Haq, Income-Tax Officer against the findings of the Screening Committee has been rejected by the Finance Minister. He is, therefore, to retire from service with immediate effect on charges of corruption. 2. A form in which the orders are to be communicated to the Officer is enc......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ition for leave to appeal by the Slate arises out of a judgment and order of acquittal dated 7 August, 1985 passed by the High Court Division (Sylhet Bench) in appeal acquitting the respondent of the charge under sections 302/34 Penal Code. 2. Respondent and two others were put on trial in the Se......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....llants had no reason to kill victim Siraj Ahmed………………(45) The Evidence Act, 1872 (I of 1872), sections 3 & 53 Whenever interested persons claiming to be eyewitnesses of an occurrence charge persons against whom they have some motive for false implication with the commission of the o...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....t Vs The State.........................Respondent Judgment March 5, 1989 The Criminal Law Amendment Act, 1958 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accused under the Criminal Law Amendment Act, 19......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....n 379 Penal Code. 3. The accused pleaded not guilty. The learned Magistrate, however, upon considering the evidence on record, convicted, by his order dated 7.6.76, the appellant of the said charge and sentenced him to R.I. for one year six months thereunder. His appeal against the orde......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
.... case "robbery" and "unauthorised possession of fire arms" are not the offences of same nature as contemplated in these two sections. Rather, these are two distinct offences for which a person may be charged for each of them as provided in section 235(1), Cr. P.C. It is clear that trial of an accuse......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ..Category: Criminal Law | Date: | Hits: 44
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....udgment ATM Afzal J.-This petition for leave to appeal by the informant is from an order of acquittal passed by the High Court Division, Sylhet Bench, in appeal acquitting the respondents of the charge under sections 302/34 Penal Code. 2. State also filed a leave petition from the same jud......r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ..Category: Criminal Law | Date: | Hits: 41
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
.... order of temporary injunction from interfering with the accused's possession. 6. Leave was also granted to consider whether the omission to name the appellants Dulu Mia and Hamidul Haque in the charge under section 302 of the Penal Code was curable under section 537 of the Code of Criminal Pro......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....for withdrawal of the prosecution against the 4 accused respondents on the basis of a memorandum received from the Superintendent of Police. On the basis of the said application the Magistrate discharged the respondents under section 494, Cr.P.C. by his order dated 28-9-73. Against this order ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....nce No.1 of 1974 and Criminal Appeal No. 663 of 1974) Judgment Fazle Munim J.- These two appeals by special leave arise out of the judgment and order of acquittal of the respondents from the charge of murder under section 302 of the Penal Code passed by a Bench of the High Court Division ......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....d circumstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent to try this ca......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....e High Court are that: The petitioner was appointed as L.D. Assistant in 1949 in the Ministry of Public Works and Urban Development and was promoted as Head Assistant on 19-2-72. He has given current charge of Section Officer on 19-6-72 in the said Ministry. While he was Section Officer he was in th......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
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Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....how cause as to why penal action under section 167(8)(b) of the Sea Customs Act should not be taken against him. The respondent showed cause. The Customs Authority, however, convicted him on the said charge and the goods of each of the three consignments were ordered to be confiscated. The responden......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
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