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State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......whereupon her husband P. W. 1 Kazi Sahkawat Hossain chased the culprits from behind with a torch of three batteries and recognized the accused respondents running towards the east and that thereafter P. Ws, 6, 7, 8 and 11 came to the place of occurrence and Romeza was at first taken to the ..Category: Criminal Law | Date: | Hits: 29
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
.... occurrence as he was discharging his job on the day at his office at Sher-E-Bangla Nagar and that being envious of successful eviction by the writ petitioner-respondent, interested quarters filed criminal cases against the writ petitioner respondent but all the cases ended in the final report ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......ed as Director (current charge) Phones, Dhaka Telecommunication Region (North), Dhaka on 07.10.2001 and that some lands and residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Teleco..Category: Others | Date: | Hits: 97
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....got separate khatian from the Nawab of Dhaka for 2.09 acres of land. The defendants in Falgoon, 1358 B.S. cut and took away paddy grown by the plaintiffs in the suit land and the plaintiffs filed a criminal case against the defendants and thereafter, the present suit was filed. 3. The defe......on in 2nd Appeal No. 1204 of 1965 allowing the appeal and thereby reversing the judgment and decree dated 05.12.1964 passed by the learned Subordinate Judge (now Joint District Judge), 4th Court, Mymensingh in Title Appeal No. 395 of 1963 affirming the Judgment and decree dated 29.06.1963 passed......for 2.09 acres of land. The defendants in Falgoon, 1358 B.S. cut and took away paddy grown by the plaintiffs in the suit land and the plaintiffs filed a criminal case against the defendants and thereafter, the present suit was filed. 3. The defendant Nos.1 and 2 by filing a joint written ..Category: Property Law | Date: | Hits: 34
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......e informant party and on getting the information A. Jalil Munshi, cousin of the informant, while was coming towards their house, the accused petitioner along with others obstructed him on his way, created terror by firing from their pipegun and kata rifle and the present petitioner gave orders p..Category: Criminal Law | Date: | Hits: 47
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
.... Criminal Petition for Leave to Appeal No. 103 of 2003. Judgment M. A. Aziz J. - This criminal petition for leave to appeal has arisen out of a judgment and order dated 17.6.2003 passed......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......en out of a judgment and order dated 17.6.2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 546 of 2003 summarily rejecting the application filed under section 435 read with section 439 of the Code of Criminal Procedure. 2. The petitioner was charge sheet..Category: Criminal Law | Date: | Hits: 102
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......res including dwelling house in the land in suit were destroyed and after emergence of Bangladesh he returned and he started to possess the land and while he was so possessing the defendant No.1 threatened him to dispossess and thereupon he filed Criminal Miscellaneous Case No. 89 of 1975 under ..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....ellip;………(36) The Penal Code, 1860 (XLV of 1860), Section 302 We are really surprised to find the peculiar way of disposal of criminal appeal by the learned Judges of the High Court Division who shirked their responsibility ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......r Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evidence Act, 1872 (I of 1872), Section 106 Normally, there is no burden on the accused to offer the reason of death of a person for which he is tried. But the deceased living with the accused in the ..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....se, thereby committed an error of law in not making the Rule absolute in as much as the case against the petitioner being false and concocted and the petition of complaint having not disclosed the criminal offence taking cognizance being a bar by provision of section 195(1)(c) of the Code of Cri......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ned in the petition of complaint belonged to her and she was possessing the same and that land is a homestead and graveyard and that accused No.1 out of ill motive along with others on 10-11-1991 created a false kabala and forged the thumb impression of the complainant although complainant and h..Category: Criminal Law | Date: | Hits: 37
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....Ordinance contemplates a situation as enumerated in section 12 of the Ordinance that is "where any proceedings have been initiated for the removal of the Chairman under section 12 or where any criminal proceedings under any law have been started against such Chairman or where on an enquiry b......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......nd sentenced to suffer imprisonment for a period of 6(six) months by the learned Divisional Special Judge, Khulna on 11.04.1994 in Special Case No.4.54. of 1984 under section 409 of the Penal Code read with Section 5(2) of Act II of 1947. Being aggrieved the petitioner brought the aforesaid writ..Category: Civil Law | Date: | Hits: 104
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......the other members of his family sitting in his dwelling house. At that time some unknown persons called him out on the pretext of hiring of his rented house. As soon as the informant's brother reached near the gate of his house, the said unknown persons shot at him from fire arms and the vi..Category: Criminal Law | Date: | Hits: 41
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....by different challans. Accordingly, he was found to have misappropriated the remaining Government money amounting to Taka 1, 25, 113.87 by abusing his official position as Nazir and thereby committed criminal breach of trust. On the basis of the aforesaid allegation, Foyezuddin Ahmed, Assistant Insp......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. ......eived lease money from the different lease holders and auction purchasers amounting to Taka 1, 31,262 for the year 1394 BS against several OCR's, but deposited only Taka 6,148.13 to the Government treasury by different challans. Accordingly, he was found to have misappropriated the remaining Gover..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....appeal) it has been observed that the Revenue Officer dealing with the mutation case is not a Court as contemplated by section 195(2) of the Code of Criminal Procedure and, as such, initiation of a criminal case by a private party alleging use of a forged document before the Mutation Officer is no......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ...... Class, Tangail and the Court of Magistrate, 1st Class, Tangail after due compliance with the procedure took cognisance against the opposite parties i.e. appellants therein, under sections 467, 471 read with section 109 of the Penal Code in the Complaint Case No 520(1) of 1995 on July 13,1995 (pag..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....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. ......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. ......cused persons in the commission of dacoity. In that view of the matter, we are of the view; the learned Additional Sessions Judge has rightly found the accused persons guilty of the charge beyond all reasonable doubt". 17. The High Court Division has observed "There is no dispute that a confessio..Category: Criminal Law | Date: | Hits: 63
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......ct. 5. Leave was granted to consider whether the non-transferability of a Trade Union leader granted under section 47B of the I.R.O. is a condition of the service. 6. Section 47B of the I.R.O. reads as follows: "No officer of any Trade Union shall be transferred from one place to another w..Category: Labour and Industrial Law | Date: | Hits: 111
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... 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 ...... 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 ......ssed by the High Court Division, Rangpur Session in Criminal Appeal No. 126 of 1984). Judgment Badrul Haider Chowdhury J.- Appellant had been convicted under section 5(2) of Act II of 1947 read with section 409 of the Penal Code and sentenced to suffer rigorous imprisonment for 3 (three) ..Category: Anti-Corruption Laws | Date: | Hits: 125
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......f acquittal passed in a case involving an offence punishable with sentence of imprisonment exceeding one year is clearly barred and the case was remitted to the High Court Division. There is no reason to take a different view in the present case also and, accordingly, the appeal must be allowe..Category: Criminal Law | Date: | Hits: 40
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....The Code of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes the plea. A......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
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......l to the appellant pending disposal of his appeal being Criminal Appeal No. 179 of 1986. The appellant was convicted by the Divisional Special Judge, Rajshahi, under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced to suffer rigorous imprisonment for four year..Category: Criminal Law | Date: | Hits: 34
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....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. ......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. ...... The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division gave good reaso..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....s to whom the lathi blows were attributed but converted acquittal of Hafez into conviction though on the same consideration the evidence about his iron-rod blow should have been rejected. 16. In a criminal case the accuseds are not required to set up their case in writing, such as a written s...... 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 ......or implicating an accused in an offence absence of proof of motive is not material. In the present case it is not correct to say that there is no material on record to show that the appellants had no reason to kill victim Siraj Ahmed………………(45) The Evidence Act, 1872 (I of 1872), secti..Category: Criminal Law | Date: | Hits: 52
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