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Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....n for cheating u/s 420 of the Penal Code cannot also be maintained…………….(18) The Penal Code, 1860 (XLV of 1860), section 415 Ingredients of cheating to be established on a charge of cheating In order to constitute cheating it must be established that someone is m......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....of deceased Dilara after 75 minutes of the occurrence wherein he stated that at the time of occurrence he was not in his house. He lodged the First Information Report to the Officer‑in‑charge of Pabna Police Station who was present in his house after getting a telephone call that an ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....chnology Division of the Council's laboratories at Dhaka honestly and sincerely to the best of his abilities; that due to some personal grudge against him by one Mr. SF Rubbi, the then Scientist in charge in the Council, a charge‑sheet dated 12th June, 1982 was served upon him alleging tha......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....er sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....in later years considered a case, that of Shamsuddin Sarkar, Appellant, 11 DLR (SC) 36, which bears striking resemblance to the facts of the present case. There, as here, two boys in their teens were charged under sections 302/109 for abetting the murder of a minor boy, Muzammal in nearly similar ci...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....and it is so ordered. It is further ordered that pending disposal of Title Suit No. 502 of 1987, the case land of P Case No. 383 of 1987 will continue to remain under attachment and the officer-in-charge of Tejgaon police station is to remain as the receiver thereof. The first party-appellant is...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....n their own language, summarising them as concisely as possible. Vernacular materials are translated into the language in which the judgment is written. Same is the case with the narration of FIR, charge‑sheet, (where necessary) deposition of witnesses, etc. The learned Judges are required......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
....cinth in the WAPDA Canal. On the above allegations the accused opposite parties were put on trial. 3. In this case four prosecution witnesses were examined and the remaining witnesses named in the charge‑sheet were not examined by the prosecution. The learned Sessions Judge acquitted the opposi...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ons 302/34 of the Penal Code for killing wife Halima Bibi. He was convicted by the Trial Court under section 302 of the Penal Code and sentenced to death by hanging. Four others were acquitted of the charge of murder, but two of them, Ekabbar Ali Pramanik and Majibur Rahman Pramanik, were convicted ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....wdhury (P.W.3) held post-mortem examination of the deceased and found as many as 15 incised wounds on his person, three of which were on the head. After completion of investigation Police submitted charge-sheet and eventually the respondents were put on trial in the First Court of Additional Sessi......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....sion. The circumstance in which the victims sustained fatal injury on his head has remained a mystery. Victim received fatal injury in mysterious circumstance. The prosecution has failed to prove the charge against the accused beyond reasonable doubt. The appeal is allowed and the order of sentence ......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....ocedure, 1898 (V of 1898), section 497 Bail Matter The appellant not being named in the FIR and the investigation could not be completed even after taking time on several occasions by the IO and charge sheet not yet submitted on conclusion of investigation, the appellant is entitled to remain o......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
.... Health Complex for treatment but he breathed his last there at about 5 P.M. on the same day. Shah Rezaur Rahman (P.W.1), brother-in-law of Fakir, lodged FI.R. and Police upon investigation submitted charge-sheet. 5. At the trial common charges under sections 302/34 and 148 Penal Code were framed......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....here is a long gap between the two trials the purpose for which a simultaneous trial is held by the same court is almost lost. As bulk of the accuseds in session’s case no. 5/87 has already been discharged, commonness of the two cases is almost lost. One case is ready for final disposal and the ot......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..Category: Criminal Law | Date: | Hits: 48
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....t by paying necessary salami and went into possession and grew Aush paddy which was however forcibly reaped away by the accused-respondents causing a loss of Tk. 6.000/- The accused-respondents, when charged under sections 147 and 379 of the Penal Code, denied the complainant's possession and asse...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
............Respondents Judgment May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should h......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....of a proceeding. It may be that on conclusion of trial for the forgery it is found that the accused did not forge the document, but used or produced it in the proceeding; he may be acquitted from the charge of forgery but he may be convicted for using it as genuine under section 471 P.C. But this ca......n 195 itself. It reads thus: "(4) The provisions of sub-section (1), with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences, and attempts to commit them." It is therefore, clear that the offe..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....tening to the witness giving evidence and watching his demeanour, should be disregarded or given no weight at all." In that case the High Court upheld the conviction of the appellants on a murder charge. The Supreme Court viewed that the evidence of the solitary witness Ali Mochi who was relie......mb and caused grievous hurt to Mominul Huq (P.W. 2) the liability for causing such hurt was entirely and alone with Azit. If he did it at the behest of another that another can be punished either for abetment or having acted in concert. If there was reliable evidence of the prosecution case, well, a..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....l No. 12 of 1987 is allowed. The Constitution of Bangladesh, 1972 (as amended) Article 102 The proceedings against the appellants were not drawn the Rules of 1984. As such the provision of discharge cannot be applied therein. These proceedings were drawn under the Rules of 1976 and were pend......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....wn senseless and died after 3 days in Rangpur Hospital. Two more persons of the complainant's party namely, Reazuddin and Bayezuddin were also assaulted by the accused. On these allegations they were charge-sheeted by the police and tried by the Additional Sessions Judge. Their defence was that it i......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
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