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Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....nstitution called in question the order dated December 24, 1976 passed under clause (2) of Article 6 of the President's Order No. 67 of 1972 terminating his service alleging inter alia that after the criminal case initiated against him in G. R. Case No. 9243 of 1974 which ended in final report and t......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... the witnesses examined by the Screening 'Board in the absence of the appellant Secondly, it was contended that the enhanced punishment was inflicted by the appointing authority without assigning any reason and without giving any notice of the proposed enhanced punishment, which is also in violati..Category: Employment/Service Law | Date: | Hits: 70
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....structed by Zinnur Ahmed, Advocate-on-Record—For the Respondent. Criminal Appeal No, 26 of 1979 (From the judgment and Order dated the 3rd May, 1977 passed by the High Court of Bangladesh in criminal Reference No. 39 of 1973). Judgment: Shahabuddin Ahmed, J:-This appeal of special le......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ...... Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not challenged in appeal or revision. This issue of fact having been already decided it cannot be re-litigated in the subsequent trial being barred by the doctrine of is..Category: Criminal Law | Date: | Hits: 42
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....nsel appearing also as amicus curiae raised a question which was not raised before the High Court Division. The learned Counsel contended that Martial Law Regulation 3(2) provides for transfer of a criminal case from a Criminal Court or Special Tribunal to a Martial Law Court. It presupposes that ......ion of the People's Republic of Bangladesh. The High Court Division accepted the contention of the petitioner that the transfer of the case to the Special Martial Law Court from Special Tribunal, Mymensingh where in the case was pending, being arbitrary and illegal, rendered the conviction of the ......amation and Martial Law Regulations or Orders or other Orders and the Constitution was amended from time to time by issuing Proclamations……………………(18) Martial Law Courts being creatures either of the Proclamation or Martial Law Regulation, have the authority to try any offence..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....Division so that it way exercise jurisdiction over such Court under section 561A. The expression used in section 561A is "any court." This expression by itself, if properly interpreted would mean a criminal court as distinguished from a Court which is not criminal. Neither this expression nor ......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......to have been carrying Indian Kumbi leaves into Bangladesh near Nayerchar in Rangpur District. They were arrested persons allegedly disclosed the name of the petitioner as the owner of the goods. Thereafter Police investigated the case and submitted charge-sheet against the petitioner and others. T..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......case from one Martial Law Court to another Martial Law Court or from Criminal Court or Special tribunal to a Martial Law Court." By the same amendment an explanation was added under clause 2 which reads as follows: "Explanation—A case triable by a Court of Sessions pending before & Magis..Category: Criminal Law | Date: | Hits: 58
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
.... repealed on 9.2.74 and the charge sheet was submitted after the said repeal on 7.9.74 and as such the case ceased to be a case under the special statute but continued to be a case under the ordinary criminal law and as such an illegality has been committed by the Magistrate in this case in issuing ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...... against the appellants and other co-accused as prayed for. The Police after investigation submitted charged sheet on 7.9.74 against some of the accused under section 396 of the Bangladesh Penal Code read with President's Order No, 50 of 1972 and submitted final report against the appellants and 3..Category: Criminal Law | Date: | Hits: 48
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....rovision of the Special Powers Act. Accordingly, the Sub-divisional Magistrate did not treat the case as one under that Act and took cognizance of the offences under the Penal Code as an ordinary criminal court. The Sessions Judge seems to have fallen into an error in thinking that since the ......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......Petition No. 53 of 1977. It concerns the legality of an order of the Sessions Judge and Special Tribunal No. 1, Sylhet, who took cognizance of offences under Section 148/324/431/379 of the Penal Code read with Section 26 of the Special Powers Act, 1974, 2. Facts briefly stated are that on a Firs..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......Special Tribunal are two distinct forums vested with distinct Jurisdictions though presided over by the same person. These two statutes do not permit the overlapping of the jurisdiction of the forum created under the two statutes…….(5) Taking of cognizance of a case in the capacity of the Spe..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... appeal from acquittal; and section 428 confers the power to take further evidence or direct it to be taken. Section 526 provides for the power of the High court to transfer a case from a subordinate criminal court to another such court or to withdraw to itself a case for trial. 17. Turning to Se......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......he aforesaid cases arose out of Ramna P.S Case, No. 167 dated March 17, 1974 and Mohammadpur P.S. Case No. 13 dated May 4, 1974. The former case under sections 147/148/ 149/355/332/307/394/427 B.P C. read with sec. 16 of the Special Powers Act 1974, which was started on the basis of the First Inform..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....o‑accused Shafi, recorded by a Magistrate, P.W. 8. The evidence of P.W.8 and the Judgment of the learned Magistrate, Sub Class, one Jahanara. Parveen, show utter inexperienced in the trial of criminal cases. Same is the case with the Additional District Magistrate who heard and disposed of......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......s rickshaw van. The machine was identified by P.W. 1 and he claimed it to be his own, The only question, if this accused is to be convicted under section 411, Penal Code, is whether he knew or had reason to believe that it was a stolen property. From the evidence of P.W. 8 the Magistrate, and al..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....e the Subordinate Judge for appointment of a receiver which was allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal Court. The respondent filed an application before the trial Court for recalling the writ a...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......a receiver of the lands under attachment by the Magistrate holding that a receiver could not be appointed by a civil Court in a suit for declaration of title simpliciter of immovable property. The reason for so holding is because of the problem which, according to the learned Judges, arises on t..Category: Civil Law | Date: | Hits: 112
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
.... of the same day, at the instance of the Director General, Radio Bangladesh (Defendant No. 2) the same contingent of police arrested his men and dispossessed him from the property. Not only that, a criminal case of trespass was started against his men‑Dhanmondi PS Case No. 19(2) of 1990. Ag......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......cers involved in this matter. Learned Counsel has also criticised the view taken by the learned Judges of the High Court Division that in appropriate cases the Government, as a litigant, might be treated on a different footing vis-a-vis a private litigant; he has pointed out that an observation ..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......4 alleging that on the previous night at about 11.30 PM a dacoity had been committed in his house in the course of which inmates of the house including himself were assaulted by the dacoits who thereafter took away valuables and cash worth about Taka 4,880.00 and that he recognised 5(five) dacoi..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......e High Court Division passed in Criminal Appeal No. 613 of 1970 on July 10, 1978 dismissing the appeal and affirming the order of conviction and sentence passed by the Additional Sessions Judge, Mymensingh who found the appellants guilty under section 201 of the Penal Code and sentenced each to ......4 of the Penal Code. So far as the evidence of Muljan Bewa, P.W. 4, the mother of deceased Tegu is concerned the learned Judge of the High Court Division found it unimpeachable which proved beyond reasonable doubt that the appellants committed the offence under section 201 of the Penal Code by b..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....es of the prosecution saw the entire murder case of Golam Hossain and Belayet Hossain, father and maternal uncle respectively of appellant No, 1 Nawabul Alam and out of that grudge and for pending criminal litigation between the parties, the false case has been started against the accused person......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......risonment for fife. The appeals preferred by these appellants were dismissed, but the appeals of the other six condemned prisoners were allowed and they were acquitted of the charges. 3. Thereafter the four accused‑appellants obtained leave of appeal from the Judgment and order of t..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....y were also interested in protecting their relations P.W.s 1 and 12 and their witness P.W. 10 who were accused in the other case. The informant admitted that he had earlier unsuccessfully initiated criminal cases against the accused. The statement of P.W. 3 that none of the informant's neighbours......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......for simultaneous hearing of the two cases. 9. The question of propriety of the simultaneous trial of the two cases has, however, lost importance now in view of the fact that one case had already been stopped under section 339C. What is important in this case is the non examination o..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......ad collected Tk. 15,508.52 Paisa as rent taxes, etc. from different tenants by granting 411 rent receipts during the period from 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he enter the receipts in the office records and registers and thereby misappropriat..Category: Criminal Law | Date: | Hits: 41
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods which was passed as a part of the punishment for an offence under the Customs Act. Section 517(1) Cr.P.C. reads as follows: "517(1). When an inquiry or a trial in any criminal Court is concluded, the Court may make such order as it thinks fit for the disposal (by d......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ...... was attached to the FIR along with other papers. 5. It appears that in course of the investigation of the case a seizure list was made by an SI of Police (P.W. 11) of the goods which were already seized by the customs department. In his deposition in court the witness stated that the good..Category: Criminal Law | Date: | Hits: 62
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......h specific charge the employee was responsible and ordered for a fresh inquiry on a fresh charge sheet for ascertaining the employee's specific guilt. It was further ordered that the employee be treated to be under suspension from the period of his compulsory retirement till final disposal of f..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....the Bharatiya Primary School in Howrah and one Satya Narayan Pathak was the Secretary of the said school. On 18 April, 1970 the appellant filed an FIR alleging that Satya Narayan Pathak and others criminally trespassed, assaulted and abused him in filthy language and committed theft of money an......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ...... house and took away gold ornaments, etc. The Police started a case under sections 147/448/380 Penal Code and on investigation submitted a final report dated 13.11.75 with a note dated 8.2.76 which read as follows: "Forwarded FR as false under sections 147/448/380 BPC. Sanction ..Category: Criminal Law | Date: | Hits: 40
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