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Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......e 28 August, 1970, in Criminal Miscellaneous No. 4605 of 1970). Judgement: Muhammad Yaqub Ali J.—The respondent No. 1 is charged along with 19 other accused persons under sections 302, 307 read with sections 148 and 149 PPC. According to the FIR, the accused formed themselves into two b..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......he appeal. He, however, drew our attention to the provisions of section 426 of the Code of Criminal Procedure which provide that pending any appeal by a convicted person the appellate court may for reasons to be recorded by it, in wriiing, order that the execution of the sentence or order appeal..Category: Criminal Law | Date: | Hits: 49
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......an, but section 7 makes a negative provision as to who shall not be citizen of Pakistan. At any rate, section 7 itself does not appear to provide the circumstances in which a person, who is already a citizen of Pakistan, can lose his Pakistan Citizenship. Even otherwise, section 7 is app..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......in default of payment of fine to suffer simple imprisonment for two years more. The matter ultimately came up before this Division wherein the sentence of imprisonment was reduced to imprisonment already undergone but the imprisonment of fine was maintained. Thereafter the detenu surrendered befo..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....know the nature of information and complaint the Bureau of Anti-Corruption has received so that he unknowingly does not make a statement to a question which might have a tendency to expose him to a criminal charge”. The High Court Division on consideration of the provisions of the Act, par...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......Code of Criminal Procedure, 1898 (V of 1898), Sections 94 and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....ces the accused was sent to the Cantonment. Mr Islam submits that for proper adjudication of the whole matter the petition and the Rule was issued by the High Court Division and for transparency in criminal investigation the High Court Division passed the aforesaid order and there is no wrong in...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......st explain in which places the accused was kept during this period of about seven days. Whether the accused was taken to the Cantonment and, if so, under whose order or authority. For the above reasons respondent No. 5 the investigation officer is directed to submit a statement by swearing a..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ...... 10, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 374 When everything has been proved beyond all reasonable doubt mere long delay in the disposal of the case cannot by itself be a ground to commut..Category: Criminal Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......; April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to..Category: Criminal Law | Date: | Hits: 76
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......petitioner but on way he got information that his daughter committed suicide by hanging. At the same time he also got information that on the previous night his son-in-law, who is the petitioner hereafter, committing murder got the dead body of Sabila hanged with a Mango tree for concealing the ..Category: Criminal Law | Date: | Hits: 52
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
.... dated 27th 2001 passed by the High Court Division in Death Reference No. 23 of 1997 with Criminal Appeal No. 2062 of 1997 and Jail Appeal No. 2249 of 1997). Judgment Md. Fazlul Karim J.- This criminal petition for leave to appeal at the instance of the State is directed against the judgment ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......nating evidence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 Cr.P.C. otherwise it would cause miscarriage of justice to the great prejudice of the accused….(10) Cases Referred to- Mizazul Islam @ Dablu vs. State. 41 ..Category: Criminal Law | Date: | Hits: 59
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......bsp; Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the chain of circumstances should be so that the innocence of the accused is i..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....eneral Exceptions attached to the definition of murder an act committed either with certain guilty intention or with certain guilty knowledge constitutes culpable homicide amounting to murder. If the criminal act is done with the intention of causing death then it is murder clear and simple. In all ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......n view of the fact that she was carrying for five months at that time. There is, however, no evidence on record to show that said respondent No. 2 knew about the pregnancy of Bakul Bibi. For the same reason we hold that the prosecution case against respondent No. 3 Harunur Rashid that he dealt a bal..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....dant-appellant and that was misread by the trial Court. High Court Division also noticed that the lower appellate Court noticed the inconsistency of the defendant’s claim inasmuch as he stated in a criminal case, Exhibit 12, that he took lease of the suit premises by a registered deed while in the......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......le suit against the appellant for a decree of khas possession after evicting the defendant including the appellant from the suit premises which is a shop room of 15 cubits in length and 10 cubits in breadth bearing municipal new folding No. 208 of Mahalla Jamal Khan at 82, Shahid Saifuddin Khaled Ro..Category: Tenancy Law | Date: | Hits: 70
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....it which caused loss to the bank. 13. It is to be observed that there is a fundamental difference between a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the self same facts. In a criminal trial, f......f the High Court Division in Civil Revision No.6467 of 2002 making the rule absolute setting aside the judgment and decree dated 16.10.2002 passed by the learned Joint District Judge, 3rd Court, Mymensingh in Other Appeal No. 54 of 2002 who affirmed the judgment and decree dated 07.02.2002 passe......0/- and thus the bank was saved from financial loss but the bank initiated disciplinary proceeding against him and an inquiry committee was constituted who held an inquiry and gave a report and thereafter charge sheets were served upon the plaintiff who submitted replies thereto and the inquiry ..Category: Employment/Service Law | Date: | Hits: 78
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......raduation) with additional subject English and logic from Darul Ulum Madrasha in the district of Chittagong. His father was appointed as Marriage Registrar of Patenga, Halishar, Agrabad and Rampur area under Double Mooring Police Station of Chittagong District and on his leave from December 17, ..Category: Constitutional Law | Date: | Hits: 178
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....he petitioner falsely implicated him in the above case not of election rivalry and at his instance and charge sheet was submitted and that the gun was never used or alleged to have been used in any criminal act and as such the same can not be cancelled which has been given for protection of pers......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......ame can not be cancelled which has been given for protection of person and property of the petitioner and the gun is therefore essential for the petitioner. The petitioner is innocent till the case reaches finality and as such he is not to cancel the License No. 7/84 at least till the conclusion ..Category: Criminal Law | Date: | Hits: 42
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....e accused appellant No.1 being Managing Director and the accused-appellant No.2 one of the Directors of the said Company, the complainant as one of the Director of the said Company could not file any criminal case for misappropriating the money of the Company. The appellant filed an application unde......rmed as misappropriation or breach of trust of the fund of the company for a criminal prosecution under section 406/420 of the Penal Code and that the remedy, if there be any is one of accounting and mense profit for which a civil suit for accounts is the appropriate remedy and hence the prose...... Director and Director of the Company not depositing the remittance with the account of the company but depositing the same to their own account do not constitute an offence of Cheating and Criminal breach of trust. The proceeding is accordingly quashed……..(9, 10 & 11) Cases Referre..Category: Criminal Law | Date: | Hits: 50
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......dure, 1898 (Act V of 1898), Section 190, 204, 192(2), 528(2)(4) If the complaint is in writing the examination of the complainant will be done by the transferee Magistrate but if he has already examined the complainant, the transferee Magistrate is not bound to re-examine the complai..Category: Criminal Law | Date: | Hits: 60
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......cords and passed the following order, the legality of which is under challenge: "Seen the F.I.R. and police diary. It appears that accused persons who are relations of the Informant have great enmity with the complainant. That is why the accused being armed with gun and other weapons w..Category: Criminal Law | Date: | Hits: 33
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....is appeal is directed against the judgment and order dated 14-8-79 passed by the High Court Division discharging the Rule in Criminal Revision No. 291 of 1979. 2. The appellant is accused in a criminal case being C.R. Case No. 2617 of 1972 pending before the Court of Sub-Divisional Magistra......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......es committed in the commission of such offences shall be triable exclusively by Special Tribunal. The appellant's case has been taken cognizance of by a Special Magistrate and therefore he has no reason to make a grievance, inasmuch as, Special Magistrate can only send the case to the Special ..Category: Criminal Law | Date: | Hits: 57
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