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Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ...... that they were taken to Dolahazara Hospital in a seriously injured condition which suggestion was, however, denied by the P.W.1 but the Doctor U.S. Chakma then attached to Dohazari Hospital treated them admitting their names in the Emergency Medical Register of the said Hospital on-3.4.198..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ...... 3.00 hours, on teeing up the Chowkiders, his 13 barrels of oil were taken away in a truck, together with the Chowdiders, towards Rajbari, that he rushed to Banibaha Bazar with the said informers, reached Akbar's shop and learnt upon enquiry that the 13 barrels were taken away by dacoits towards..Category: Criminal Law | Date: | Hits: 23
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....o pass an order on 5.1.2002 canceling the bail of accused respondent and directed him to surrender within 7.1.2002. Against the said bail cancellation order the accused respondent preferred a criminal revision on 7.1.2002 under section 435 read with section 439A of the Code of Criminal Proc...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......place of occurrence, informant's brother-in-law (Bhashur) Liaquat Ali, Md. Babul Akhter and the owner of the neighboring studio one Asad took the deceased in a scooter to Surhrawardi Hospital for treatment and then he was taken to Dhaka Medical College Hospital where attending doctor declar..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....Division has erred in law and facts in enlarging the respondent on bail. 5. It appears that 49 accused persons appeared before the High Court Division to obtain the anticipatory bail in this criminal Case. The High Court Division enlarged Col. (Retd). Shawkat Ali only on bail and directed......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ase No. 545 of 20014 pending to the Court of Magistrate, 1st Class Shariatpur moved unsuccessfully the learned Sessions Judge, Shariatpur for bail in Criminal Miscellaneous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as petitioner moved the High Court Division whereby Rule was obta..Category: Criminal Law | Date: | Hits: 68
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onus never shifted on the condemned prisoner in the absence of any proof beyond reasonable doubt that he was present in the house when the occurrence took place……&he..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....s that the impugned order of dismissal itself is indicative of the fact that the Government had taken a decision to dismiss the respondent from service after considering his conviction on criminal offences. 11. Mr. Khandker Mahbubuddin Ahmed on the other hand draws our attention......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......fairs we cannot but uphold the submission of Mr. Khandker Mahbubuddin Ahmed that the respondent was dismissed by the President and as such the remedy of apple was not available to him. As we have already held in the case reported in 46 DLR (AD) 113, his remedy of review was only optional and as h..Category: Criminal Law | Date: | Hits: 33
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......nce for supplying fish to the complainant; that the accused did not supply the fish in time, on query the complainant came to know that the trawler for catching fish of the accused was disordered, thereafter the complainant again paid Tk.30,000/-to the accused; thereafter the accused without supplyi..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......house. 6. P.W.1 over the aforesaid incident lodged First Information Report on June 30th, 1990 and thereupon Melandaha P.S. Case No. 5 dated 30 June, 1990 was registered under sections 449/302/114 read with section 34 of the Penal Code. 7. The Investigating Agency on completion of investigatio..Category: Criminal Law | Date: | Hits: 44
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......ong with her husband Jamaluddin and son Jewel started at 6,00 A.M. from their residence at Ullapara for the house of her father-in-law (P.W.5) Md. Sirajul Huq at village Sandial Salap by Honda and reached there at 7.30 A.M. Leaving the Honda there, they along with P.W.5 started on foot for the h..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......-sheet was submitted on 24-10-1998. 4. Upon hearing the parties the learned Nari-O-Shishu Nirjatan Adalat rejected his bail prayers on a number of occasions and lastly on 19-9-2000 assigning reasons. Against the said order of rejection the accused-respondent preferred Criminal Appeal No.2..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....plication seeking condonation of delay and thereupon the aforementioned Rule was issued. 8. The High Court Division while disposing of the Rule relating to condonation of delay in filing the criminal revision observed "There is no such plea in the application for condonation of delay ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ...... of the Limitation Act must satisfy the Court that it had not been negligent and had been prosecuting its case with due diligence and care. The petitioner is under a strict legal duty to furnish a reasonable explanation and to show sufficient cause for condonation of inordinate delay. The High C..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....o make a complaint against D.W.1 Abdul Awal Minto under section 195(I)(c) read with Section 476 of the Code of Criminal Procedure for using said deed in the suit knowing it forged and fraudulent, for criminal prosecution. 6. We have heard Mr.Rafique-Ul-Huq, learned Counsel and Mr. Khondker Mahbub......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......a forged document, D.W.1 Abdul Awal Minto on behalf of the defendant No.14 gave the deed into evidence and thereby committed serious offence making him liable for prosecution under Section 195(1) (c) read with Section 476 of the Code of Criminal Procedure and directed the deed in question to be impo..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
.... his purchase got his name mutated in the khatian. The defendant No.1 is the full brother of Abdul Aziz and a person of desperate nature. Once he assaulted the plaintiff and the plaintiff brought a criminal case being C.R. Case No.423 of 1998 and the defendant was convicted. Thereafter he forcib......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and also for partition alleging, inter alia, that the land measuring an area of .77 acres out of 1.10 acres of Plot No.1308 appertaining to R.S. Khatian No. 868 originally..Category: Property Law | Date: | Hits: 30
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......General appearing for Respondent No. 1, and Mr. M. Zahir, the learned Counsel for the Society, have reiterated their contentions that were upheld in the impugned judgment. They have added a new dimension in their contentions by challenging the appellant's locus standi. It is urged that any griev......ns of the country, the right under Article 38 of the Constitution is not available for impugning the amendment in question and that as the appellant's right of membership of the Society has been created by P.O. No. 26 of 1973 the Parliament is competent to regulate or restrict that right and t..Category: Constitutional Law | Date: | Hits: 170
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
...., have deposed that the deceased injured Mahmuda gave the statement which was recorded by P W 19 in their presence. It was suggested to P W 2 that his Compounder, one Nurul Islam, was an accused in a criminal case which was investigated by the appellant's husband, Abu Baker, and that P W. 2 had requ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......, abused her in filthy language, tore off her blouse and sari, gave her kicks, fists and blows, flung her on the floor almost naked and sprayed carbolic acid on different parts of her body including breast, abdomen, thigh and genital region. Mahmuda thus injured was removed to the nearby Thana Hea..Category: Criminal Law | Date: | Hits: 50
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ...... police submitted charge sheet against the petitioner Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under Section 7/9(1) 730 of Nari-O-Nirjaton Damon Ain, 2000, in short, the Act. The case thereafter being sent for trial, the Trial Court framed charge against the accused under Section 9(1) ..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....vocate submits, inter alia, that the dispute between the parties is of Civil nature and as such framing of charge against the petitioner under section 420 of the Penal Code is illegal and the criminal proceeding itself being not maintainable it is liable to be quashed and the High Cour......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......0/- and possession was handed over to the accused petitioner and others putting belief upon the words of the accused petitioner and others as to their promise to make payment as agreed upon and thereafter the complainant found that some unknown persons had been residing in the premises and they ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......lea that he being a Chairman at the instance of his political enemy Tajen the case was falsely instituted against them. 4. Be that as it may, the trial court examined 19 witnesses. Thereafter the accused Abdul Gafur and Abdul Khaleq were found guilty by the trial court under sectio..Category: Criminal Law | Date: | Hits: 52
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......been framed against him and he pleaded not guilty to the charge. Being aggrieved he moved the learned Sessions Judge under section 439A of the Code of Criminal Procedure which has been rejected. Thereafter he filed an application before the High Court Division under Section 561A of the Code of Cri..Category: Criminal Law | Date: | Hits: 36
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