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Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....n for special leave, a petition for compounding the offence was also filed. This Court granted leave on 1.11.84 and it was noticed "the petitioners are inter-related and have suffered much due to the criminal case and both are seeking the permission of this Court to compound the offence for which th......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......n 379 of the Penal Code. They were sentenced to suffer R.I for 3 months and to pay a fine of Tk.500/00, in default, to suffer 15 days of further simple imprisonment with a direction that the fine, if realised, half of the amount be paid to the complainant. 2. Various allegations were made against..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....ortunately did not examine the evidence at all in resÂpect of a large number of the appellants before it purely on the ground that their appeals had been pressed only on the ground of sentence. In a criminal appeal, whether the appeal is pressed or not, it is the duty of the High Court to exaÂmine......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ...... while proÂsecuting his studies in the University, he had been falsely implicated and he took the plea of alibi by as well. 4. The trial court convicted and sentenced the accused as aforesaid; thereafter two crimiÂnal appeals were filed being Criminal Appeal No. 205 of 1980 and 236 of 1980. The..Category: Criminal Law | Date: | Hits: 62
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....he suit plot No. 16. It is stated in the plaint that Sen Brothers were the Bharatias; the defendant No.1 at one time forcibly occupied the first floor of the liking whereupon the Sen Brothers started criminal case against him and in conscÂience he vacated the building. Again defendant 1 forcibly oc......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ....... The appellate court reÂversed the finding of fact on evidence but once it is shown that such reversal has been made without taking notice of the documentary evidence the second appellate court may reassess the evidence and come to its own finding on this point Unfortunately, the learned Single Ju..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....on 13.7.81 and on perusal of the record took cognizance against the respondents under sections 301/34 of the Penal Code and issued warrant of arrest against all of them. 5. Respondents preferred a criminal moÂtion before the Sessions Judge challenging the said order and the motion was ultiÂmate......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......e complaint’s nephew, deceÂased Md. Harun went to Fatickchari Thana at about 9 A.M. to make a G.D. entry in resÂpect of unlawful activities of the accused persons. On his way back home when Harun reached the south-eastern side of the office of the Circle Officer accused Saifuddin @ Saifa, who li..Category: Criminal Law | Date: | Hits: 105
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....ding or before a person authorised by law to take it, when admitted in evidence under section 33 of the Evidence Act, becomes substantive evidence. So also the evidence of a witness in a criminal case given by him in the committing Court, when brought under section 288 of the Code......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......te Judge; Dacca who tried the same but, on appeal by the defendant-respondents, the learned Judges of the High Court set aside the judgment and decree of the trial Court and dismissed the suit. Thereafter the plaintiff filed a petition for special leave to appeal in the erstwhile Supreme Co..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ...... relating to the prerogative writ of habeas corpus but the jurisdiction to grant the said writ is independent of statute. The jurisdiction to issue, in England, the writ of Habeas Corpus, as already stated, 'rests on common law. In America, which has a written Constitution, there is no ment..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... as to which of the parties therein was in possession of the said land and by an order dated 1.1.59 passed an order of attachment of the land under section 146 of the Code of Criminal Procedure. Thereafter the Tahsildar of Haturia submitted a report on 1.4.61 to the Sub-Divisional Manager, Madari..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....s the Chairman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge of Mymensingh under the Criminal Law Amendment Act on a charge of criminal breach of trust in respect of a sum of Rs. 915/- during the period when he held office as ......nbsp; Muhammad Abdullah Jabir, J.- The petitioner who was the Chairman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge of Mymensingh under the Criminal Law Amendment Act on a charge of criminal breach of trust in respe......rman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge of Mymensingh under the Criminal Law Amendment Act on a charge of criminal breach of trust in respect of a sum of Rs. 915/- during the period when he held office as Chairman a..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ...... XVIII of the Code of Criminal Procedure, committed all the accused persons to the Court of Sessions. The appellant made an unsuccessful attempt to have the order of commitment quashed and thereafter she filed a Petition for Special leave to Appeal before the erstwhile Supreme Court of Paki..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....e causing of death of Shamsul Huq and in the charge under sec. 302/34 of the Penal Code the common intention of the accused persons was also said to be the causing of the death of Shamsul Huq. The criminal act which constitutes the basis of the charge under section 148 of the Penal Code is ident......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......g injuries on the western bank of the canal and came to know from some person who were near the place of occurrence that while Shamsul Huq and Tajul Islam were going towards the Bazar and had reached the south of the Balakhal Railway Station, the accused persons armed with deadly weapo..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ...... as "the case of Jobed Ali") which is reported in 26 DLR page 1. The observation to which reference was made by the learned Judges of the High Court Division, was as follows:— "For the foregoing reasons we have no hesitation in holding that the Collaborators Order does not give any indication o..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ...... the east Bhiti. He heard from P. W.2 Siraj, P. W. 4 Fazila Khatun and some others including Yasin Sk. that Abdur Rashid had dealt Dao blows to his step-mother Maleka and ran away towards east. Thereafter he (P. W. 1.) went to the Kaliganj Police Station and lodged a First Information Report. P...Category: Criminal Law | Date: | Hits: 66
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
.... advised and financed him but now as the police had found that the allegation was false and he himself realized that allegations are unfounded he sought the permission of the court to withdraw the criminal case. In this background the G.R. Case No. 1695 of 1965 that is the defamation case by Dr.......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......adesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the rule in Criminal Revision No. 579 of 1970 was mad..Category: Criminal Law | Date: | Hits: 77
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
.... the Khadem and he became Sajjadanashin. The respondent Madan Meah Chowdhury appears to have been connected with the deceased plaintiff as it appears from the plaint itself. Numerous civil and criminal litigations cropped up between the plaintiff and his step-brothers, defendant Nos. 1-......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......f and defendants 1-4 and these properties were never dedicated. As such after the death of the plaintiff the properties devolved upon his legal heirs which include the defendants 1-4. 4. Thereafter the revisional application was filed being Civil Revision No. 152 of 1973 and the Hig..Category: Civil Law | Date: | Hits: 91
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... the said authority may specify: Provided further that public servant who is either in service on extension or re-employment on the date of promulgation of this Order against whom a departÂment criminal proceeding initiated by the Government is pending shall be deemed to be on re-employment on......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... 1980. (From the Judgment and Order dated 29-7-1980 passed by the High Court Division in Writ Petition No. 489 of 1980) Judgment Kemaluddin Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the impugned order declared to have been made w..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ...... Regulation No. 1 of 1975. 3. Leave was granted in the background of lifting of Martial Law by the Proclamation on April 6, 1979 to examine the following questions which were considered to be of great public importance:— "(1) Whether the proceeding of the SpeÂcial Martial Law Courts shoul..Category: Constitutional Law | Date: | Hits: 292
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......bdul Jabbar sold the land to one Siman Sardar from whom the plaintiff purchÂased on 22.9.58. Bhattacharjees also made a contract to sell the 'Kha' schedule and othÂer lands to the plaintiff, but thereafter the Bhattacharjees went to India and as they coÂuld not return, by a General Power of Attor..Category: Others | Date: | Hits: 128
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......abuddin Ahmed J., I find it difficult to agree with Shahabuddin Ahmed J.; and although I agree with Badrul Haider Chowdhury, J. as to the result of the appeal but I do not subscribe to some of his reasonings to support the conclusion for allowing the appeal. So, I consider it necessary to g..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, AdÂvocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......he Sub-Divisional Magistrate, Chittagong for drawing up a proceeding under section 144 of the Code, against appellants- second party. But the learned Magistrate by an order dated 20.7.74 treated the application as one under section 145 of the Code since there was a dispute over pos..Category: Criminal Law | Date: | Hits: 51
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