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State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....ate, 1st Class, on 26.7.69 at 2.30 pm. The accused appellant made a judicial confession of his guilt before the said Magistrate on that day. After completing the investigation, the police submitted charge sheet against the accused appellant. A preliminary enquiry was held into the case by PW 11 M...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....slamkati Union Council under Article 25 (3) (b) of the Basic Democracies Order, 1959 as well as an order of the Sub-Divisional Officer, Satkhira dated 3.1.1968 directing the petitioner to make over charge of his office to the Circle Officer (Dev) Tala. 2. The facts giving rise to this pet......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....long with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opposite party No. 2 Amatu Md., Police investigated the case and submitted charge-sheet on 15.1.67 against twenty-five accused persons including the petitioner under section...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....Fazlur Rahman, Officer in-Charge of Gaibandha Police Station lodged a First Information Report on 12.10.65 and took up the investigation of the case. After completing the investigation he submitted charge sheet against the accused appellant. A Magistrate of the First Class held preliminary inquir......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....ction (2) of section 5 of the said Act. Hence this appeal. 3. Mr. Abdul Aziz appearing on behalf of the Appellant contended that the trial of the accused in this case was vitiated by misjoinder of charges and further that the charges, as framed, were misleading. In order to examine the validity o......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....ed of the locality as well as the facility of police administration directed the Officer-in-Charge of Bhola police station to maintain peace and order in the" area and directed the Officer-in-charge, Mehendiganj police station not to interfere in the affair. This order as well as other orde......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Golam Kader Vs. State, 1972, 1 CLC (HCD)
.... Kader is directed against the order of conviction and sentence passed on 29 February 1968 under section 366 of the Pakistan Penal Code. The appellant, along with two others, was placed on trial on charges under sections 366 and 376 of the Pakistan Penal Code for abducting one Sharifunnessa, the......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....e case which was started by accused-petitioner Tajem Ali by lodging a FIR, over the same occurrence at 12 in the midnight on 3.9.66 i.e., within two hours after the occurrence. The Police submitted chargesheet in favour of the accused-petitioners. 4. The learned Advocate, Mr. Abdur Rashee......dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....edical College Hospital by Golam Gaus, the Assistant Yard Master of the Mirpur Depot and others. He was assigned duty to the bus bearing number EBA 2723. The accident took place when he was taking charge from the outgoing conductor of the said bus. 3. The appellant after being removed to......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
.... common questions of fact and law were involved in them, they are now disposed of under one judgment. 2. Petitioner in Petition No 527 in Daulatpur Jute Mills Limited, Khulna and the "chargeable accounting period" in respect of which the impugned tax under the Business Profits ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....s by-his first wife and also plaintiff Basanta Kumar Basak, defendant 22 Harakumar and defendant 23 Ananta as three other sons by the second wife and that Raj Kumar being the eldest son was in sole charge of the property as a Karta' of the undivided Hindu family and that he purchased in that capa......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....at with a dao. 3. The accused created a havoc in the locality. PW 1 Abdun Noor lodged a First Information Report on the above allegations. The local police investigated into the case and submitted charge-sheet against the accused. After a preliminary enquiry by a competent Magistrate the accused ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....having suspected some foul play sent a written information to the Police Station on the basis of which a GD entry was made and an UD (unnatural death) case was registered. Thereafter the officer-in-charge visited the locality, held inquest on the dead body of Jahiruddin and sent it to Dinajpur m...... accused committed murder of Jahiruddin by administering endrine poison to him in furtherance of their common intention, but the learned judge in agreement with the assessors found them guilty for abetment of the offence of murder of Jahiruddin and convicted them under sections 302/109 PPC. ..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
..... I and 2 have appeared by filing affidavit-in-opposition in which it has been stated that the property does not vest in the deity. It belongs to the Boses and Puja expenses of the deity are but a charge on the said property and, as such, the property, in fact and in law, belongs to the Boses an......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....y the condemned prisoner from the jail. Both the Reference and the appeal have been heard together and they are now disposed of under one judgment. 2. In this case the condemned prisoner was charged under section 302 of the Pakistan Penal Code for the murder of his step-mother Maleka Khatu......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....udge. Tangail for disposal. 8. The appellant filed a Naraji petition against the final report and following an order for further investigation passed by the Special Tribunal, the police submitted charge sheet dated 10-2-98 against four accused persons including Abdus Salam under the aforesaid pr......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....etely block his chance of promotion even though he would otherwise deserve it. Considering his age, inexperience and youthful exuberance the author-appellant ought to have been exonerated from the charge of contempt with reprimand and caution Since the High Court Division has not thought fit to ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
.... and consequent making of a fresh recall order “without approval of the concerned magistrate” as a public servant have been proved and so the learned Judge ought not to have acquitted him of that charge……….(8) Lawyers Involved: Md. Marfat Ali, Advocate, instructed by Md. Nawab Ali, ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ..Category: Anti-Corruption Laws | Date: | Hits: 73
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....r dated 14-5-97 passed by a Single Bench of the High Court Division in Criminal Appeal No. 394 of 1993 allowing the appeal and acquitting thereby the accused-respondent Md. Minhazuddin Khan of the charges as leveled against him after setting aside the judgment and order of conviction dated 18-2-......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ..Category: Criminal Law | Date: | Hits: 59
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....dated 15-2-98 refused the prayer for bail of the accused-petitioner in pending Special Tribunal Case No. 290 of 1996 before the Court of 4th Additional Sessions Judge and Special Tribunal No. 2 (In charge), Brahmanbaria under section 19A (f) of the Arms Act read with section 25B of Special Powers......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
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