Search Options
Judgment Advanced Search
Displaying 2601-2620 of 3048 results.
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....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 ......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 ......vant time. He was prosecuted and then tried on the charge of misappropriation of Tk. 3,344.65. On conÂclusion of trial, in Special Case No. 1 of 1981, he was convicted under section 409, Penal Code, read with section 5(2) of Act II of 1947, and sentenced to rigorous imprisonment for one year and al..Category: Criminal Law | Date: | Hits: 41
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....k, the taking was not animo furandi and, therefore, was not a taking within the section. Accordingly, although the employee had been guilty of grave dishonesty, he was not guilty of larceny or of any criminal offence. 8. Under the English law, the appellant would have been guilty of larceny if he......ht the fact that the appellant's receiving of the money from the cashier was not tainted with any dishonesty but the moment he saw the excess money and even then decided to walk out with the same the mens rea must be attributed to him from then on. He came by the money in good faith but subsequently......he Penal Code amounting to dishonest misappropriation. So the conviction under section 378 is converted to conviction under section 403 of the Penal Code and the sentence is reduced upto the period already undergone……..(5 & 13) Cases Referred to- Allahabad case 1919 Criminal Law Journa..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
.... Illustrations of these two sections make it clear that the offences described in these two sections are not contemplated in section 403(1). Under these sections a person may be charged with theft or criminal misÂappropriation or with receiving stolen property or with all of them on the same fact, ......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 ......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)
....r the petitioner was unaware of the leave petition filed by the GovernÂment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......r the petitioner was unaware of the leave petition filed by the GovernÂment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......r the petitioner was unaware of the leave petition filed by the GovernÂment 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
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....mpression that provision has been made in the Civil Procedure Code for transÂfer of such cases as has been made in the Code of Criminal Procedure which specifically empowers this Court to transfer a criminal case from one PerÂmanent Bench to another Permanent Bench. The learned Additional Attorney......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting trial of the case for various reasons and on that ground the appellants are granted bail till trial commences. Lawyers Involve..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....he mind of either of the Courts below. 8. In support of the appellants' first contention reliance is also placed on Samiruddin Ahmed @ Samir Mia Vs. The State 1988 BLD (AD) 157. That was a case of criminal trespass. The inciÂdent took place on 22.12.1982. In 1978 the accused instituted Title Sui......s time to have recourse to the proÂtection 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. ......rder of tempoÂrary injunction, but there is absolutely no oral evidence on record that the accused party was in actual physical possession of the place of land. As such we are of the opinion that no reasonÂable doubt has been created by the production of the aforesaid defence documents as to manne..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....been pronounced in different decisions by different Courts of the sub-Continent and the latest are the two decisions of this Division mentioned before. It is new well settled that the withdrawal of a criminal case under secÂtion 494 is to be asked for by the Public ProÂsecutor and on the consent o......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. ...... in the present appeal the withdrawal was made in conformity with the true intent of the provision of section 494 of the Code of Criminal Procedure. In this regard the order of the Magistrate and the reason given by the learned Judges of the High Court approving the order of the Magistrate may be ci..Category: Criminal Law | Date: | Hits: 43
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
.... and the local PLA. The respondents are the neighbors of deceased Rashid Khondker and there is long standing enmity between the parties. The respondents were once prosecuted about two years back in a criminal case for uprooting the eye-balls of deceased Rashid Khoadker, but the respondents were ulti......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......s returning home from Habiganj ‘hat’ in the afternoon of January 11, 1973. He was proceeding by the bank of Habiganj river and was being followed by P.W.1, AiÂjuddin Matbar. When Rashid Khondker reached near the ‘ghata’ of respondent Fagu Matbar he was surrounded by the respondents who were..Category: Criminal Law | Date: | Hits: 39
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
..
Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....learned Judges expressed the opinion that exercise of its inherent power to quash the proceeding cannot be resisted even on the ground that Special Tribunal, competent to try the case, not being a ‘criminal court’ is not subordinate to this court, inasmuch as a Special Tribunal so constituted is......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. ......f Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent to try this case under section 156(8) and 156(89) of the Customs Acts read with section 25B of the Special Powers Act 1974; and cognizance of the offence was yet to be ta..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....orpus as such was not available in Court of India but the provision of section 491 of the Code of Criminal Procedure, which empowers a High Court to direct a person within the limits of its appellate criminal jurisdiction to be brought up before it to be dealt with according to law and to set the pe......opinion as to the necessity of a person's detention and was under any obligation to have its satisfaction and opinion based on some materials which may be subjected to judicial review. When such an immense power as to deprive a perÂson of his liberty was conferred by law upon the executive authorit...... petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty days and thereafter the Government on 24-5-74, passed under clause (a) of section 3(1) of the Special Powers Act..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......enÂdent evidence of P.Ws. 7, 8, 9 and 11. He also found that the evidence of those witnesÂses along with the confessional statement of Alo Ext. 8, proved the case against the accused persons beyond reasonable doubt. The Revisional case was dismissed. Leave was obtained by the Appellants on the gro..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......accused Enamul Haq said “Dhar Shalago”. Then accused Wali caught hold of the victim and while the victim was scuffling with accused Wali, Enamul Haq dealt a sora blow on his abdomen. Thereafter accused Razaul and Mizanur went towards the east and accused Wali and Enamul went towards t..Category: Criminal Law | Date: | Hits: 43
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......rosecution case, in brief, is that on 01.12.1996 while victim Sohel, Zaved and Hashed as usual were going to their school known as Gouranga Bari Government Primary School at about 12.00 O'clock and reached near Gouranga Bari Anderson Road, three unknown persons came to them by a microbus and aske..Category: Criminal Law | Date: | Hits: 36
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
.... in Cri -Miscellaneous Case No. 12532 of 2003). Judgment: Syed JR Mudassir Husain CJ.- This criminal petition for leave to appeal is directed against the judgment and order dated 12th January......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......d he had died on the spot while injured Jalil Munshi was rushed to the hospital where he had died subsequently. 3. Upon the said first information report, police investigated the case and thereafter, submitted charge-sheet on 8-12-2001 and the case was ready for trial and it was transferre..Category: Criminal Law | Date: | Hits: 34
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....in Criminal Revision No. 85 of 2005 under sections 435, 436 read with section 439A of the Code of Criminal Procedure. The learned Sessions Judge, Hobigonj by judgment dated 10-3-2005 disallowed the criminal revision upholding the order of the learned Magistrate. 7. The petitioner then move......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......School which was attended by Mr Shah ASM Kibria MP and a former Minister as Chief Guest and that after concluding the meeting while he along with aforesaid Mr Kibria was coming out some unknown miscreants with a view to commit murder threw a powerful grenade which being exploded aforesaid Mr Kibr..Category: Criminal Law | Date: | Hits: 43
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......t the High Court Division committed error of law in upholding the conviction and sentence of the appellants although ought to have acquitted them as the prosecution case could not be proved beyond reasonable doubt. Leave was granted also to consider the submission that the appellants have been a..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......nts Judgment March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence………â€..Category: Criminal Law | Date: | Hits: 184
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... appellants Shafiuddin Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur who fell down on the ground and thereafter other accused persons (since acquitted) dealt lathi and mugur blows indiscriminately o..Category: Criminal Law | Date: | Hits: 42
19671965196419601959195719561954194619441943194019381932192219121908190519031898