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Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... 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. ...... 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. ...... 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)
....e respondent could at all be arraigned lost all its relevance for lack of legal evidence for establishing the crucial fact that the accused was in his house when his wife was killed there. 11. In criminal cases section 106 of the Evidence Act, is attracted in exceptional cases where a role fact ......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. ......uries. PW 1 Sahiruddin went to the thana to lodge the FIR, but the police officer refused to record the same on the plea that the informant did not see anyone to kill Halima and that an UD case had already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....State................................Respondent Judgment August 16, 1990. Result: The appeal is allowed. The Evidence Act, 1872 (I of 1872), Section 5 Evaluation of evidence in criminal case On a careful consideration of the evidence of eye‑witnesses, it is very difficul......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......that on 3.10 76 at about 7 AM informant PW 1 Mosharraf Hossain along with his brother deceased Kanchan, PW 2 Tofazzal and his neighbour PW 3 Mokhlesur Rahman stated towards Bangla Bazar and when they reached near the house of appellant Salem the accused persons attacked them being armed with dagger,..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....n we say that it is generally correct and conforms to the traditional and orthodox view. We would, however, like lo add dot with the change of time and circumstances attending the administration of criminal justice time has come and experience also demand that the High Court Division will have to ......P.W.14) who came to the Dispensary on being called by the doctor recorded another statement of Shamser Ali Amin which was treated as F.I.R. The condition of Shamser Ali was grave and he was sent to Mymenshingh Medical College for better treatment. He, however, succumbed to his injuries there on the ......Ali, Meheruddin and Fazar Ali. They claimed to have recognized the respondents as the assailants of Shamser Ali, from the place of occurrence Shamser Ali was taken to Islampur Thana Dispensary for treatment. There Doctor S.A. Wahab (P.W.13) Medical Officer of the Dispensary recorded a statement ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....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......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...... Shahjahan Biswas & Others...............Appellants Vs. The State......................................Respondent Judgment July 5, 1988. Criminal Appeal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant ..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....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......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......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)
....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 ......Prosecution examined 12 witnesses and tendered 4. 6. Defence case was one of denial and false implication of the accused out of enmity. 7. The learned Additional Sessions Judge,5thCourt, Mymensingh, by judgment and order dated 15.8.81, acquitted all the accused of the charge under section......ame and found Fakir lying injured under the tamarind tree. He reported to the persons who assembled about his assailants. He and Maniruddin were then taken to Gaffargaon Thana 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),..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....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......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......judge but if there 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 dispo..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......o have passed and which is always usually passed in such cases was to direct the appellants to surrender within a certain time before taking up the petition of appeal for hearing. If after grant of reasonable time for the said purpose, the appellants failed to surrender then, of course, 'the court..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......l Procedure, 1898 (V of 1898), section 426 Condition of payment of fine for bail Order for payment of the fine as a condition for the bail is not supportable either in law or on the principle of reasonableness. The appeal is allowed and the order for payment of fine as a condition for the bail ..Category: Criminal Law | Date: | Hits: 56
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......972, Article 102 Contractual right, based on the licence, is not amenable to the writ jurisdiction of the High Court. The appellants have failed to point out any violation of any statutory rule or breach of any statutory obligation or ill-motive on the part of the authority canceling the license. ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....t Nos. 1 and 2 never got possession of the land though, however, he managed id get the order of setting aside the sale cancelled in case No. XIII-37 of 1973-74. Defendant No.1 also instituted several criminal cases against the plaintiffs. 4. Defendant Nos. 1, 2 and 3 filed two separate written ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......e a Certificate Case No. 1145 R.A. of 1959-60 and by suppression of notices and sale proclamation managed to purchase the land in the name of the Government5. Some of the certificate debtors were already dead. After the emergence of Bangladesh plaintiffs filed objection before Circle Officer (Reve..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... 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 ...... 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 ......nts Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Code of Criminal Procedure, 1898 (V of 1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no miscarriage of justice ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....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. ......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. ......fter the death of his father he collected true facts of the case from his mother and sister and then filed the complaint against a number of persons including Yakub Sarder alleging that they were the real culprits. This complaint was registered as C.R. Case No. 420 of 1980, as already referred to. T..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......ion 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good academic background and future career of the appellant, there was enough justifiable reason to let him go on bail at least for affording him the opportunity to take his B.A. Examination..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......ife each. As against this the appellants only obtained leave to appeal raising the grievance that certain material aspects of the evidence were not considered by the High Court Division to their great prejudice. We shall come back to them shortly after noticing briefly the facts of the case. ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....uddin Ahmed J. - This appeal by special leave has arisen from an order of the High Court Division (Jessore Bench) dated 2 February 1986, passed in Criminal Revision No. 20 of 1983 refusing to quash a criminal proceeding which was assailed on the ground that private complaint on which the proceeding ......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......offence committed by a party to a proceeding in that court in respect of a document produced before it. In the instant case, the Bainapatra appears to have been forged by one of the appellants who thereafter produced it in the proceeding, namely the suit for specific performance of a contract descri..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....iction of superior courts and came to the conclusion that the decisions of the Privy Council or the Federal Court circumscribing their own jurisdiction by self imposed restrictions in matter of criminal appeal had no manner of application in the case of the Supreme Court functioning in the c......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ...... by Badrul Haider Chowdhury and A.T.M. Afzal, JJ; I concur with the judgment of Badrul Haider Chowdhury J. Badrul Haider Chowdhury J: - It is my misfortune that I could not persuade myself to the reasonings given in the judgment of my learned brother A.T.M. Afzal, J. 3. The fact need not be r..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......t be conceived that once a stay order is passed by the High Court Division it loses its discretion to vacate the same, even if it is satisfied that the same should be vacated. Further, in view of the reasons given for vacating the order, this Division does not feel that there has been any arbitrary ..Category: Property Law | Date: | Hits: 45
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....it appears from section 300, when the death is caused by an act done with the intention of causing death, it is murder, unless it falls into any of the five Exceptions referred to in section 300. The criminal act of the appellant in this case is the causing of a lacerated would, 2 ½ " X 1” scal......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 ......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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