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Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ..Category: Criminal Law | Date: | Hits: 74
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....der of release of the property made on 8.8.84 invalid and directed eviction of the appellants from the disputed premises, allotting the same to respondent No. 4 and further directing initiation of criminal proceedings against the appellants for misappropriating Government property. This order da...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... of Settlement which was dismissed on 8.6.87 on the ground that the said respondent had no locus standi. 3. Upon hearing a rumour the appellants came to know finally that nearly 10 years thereafter respondent No. 1 on 8.11.93 passed an order declaring his previous order of release of the ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......e that the respondent was a greedy man of loose moral character. At the instigation by other accused persons he put pressure upon her to bring dowry of Taka one crore from her father and started threatening her in various ways. Her father was an Ex‑Chairman of Sylhet Zilla Parishad and now..Category: Criminal Law | Date: | Hits: 64
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
.... Revision No. 1768 of 1992). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave, the question is whether the High Court Division erred in law and fact in refusing to quash the criminal proceedings against die accused‑appellant in Special Case No. 57 of 1993, now pending in ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......ge sheet was submitted for misappropriation of 272 CI sheets‑bundles valuing Taka 6, 50,000.00 against the appellant, the Upazila Chairman and others under sections 420, 409, 467 of the Penal Code, read with section 5(2) of Act II of 1947. Of them only the appellant came to the High Court Division..Category: Criminal Law | Date: | Hits: 76
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....Upazila Magistrate. 6. It is at this stage that the respondent filed Criminal Revision No. 490 of 1990 in the High Court Division for quashing the proceeding Criminal Case No. 223(c) of 1990. Both criminal revision cases were heard and disposed of together by a common judgment by the High Divisio......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......,000.00. The respondent took away the cash money and the ornaments from the appellant on the plea that those may be hijacked on the way. He then took the appellant to Rangamati instead of Khulna by threatening her. The respondent confined the appellant in a house at Rangamati and attempted to outrag..Category: Criminal Law | Date: | Hits: 85
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......the date of the opening of the letters of credit were declared to have been made without any lawful authority and be of no legal effect. The authorities were directed to refund the amount, if any, realised from any writ-petitioner or petitioners in excess of the rate in force at the time of open..Category: Business or Commercial Law | Date: | Hits: 126
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....defect cannot be cured even by obtaining a sanction subsequently during the pendency of the proceeding. It has also been held in that case that prosecution includes the initiation or consignment of a criminal proceeding and begins when a formal charge is exhibited against the offenders. In that case......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ccused being, public servant prior sanction for his prosecution was mandatory under section 6(5) of the Act and that when the process was issued against him without the sanction the prosecution had already started and, such, the proceeding was nullity and liable to be quashed. 10. Sections 4(1) a..Category: Anti-Corruption Laws | Date: | Hits: 92
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......ka 20,025.00 and balance of dower money amounting to Taka 250.00 and also decreed dissolution of marriage. On appeal by the respondent, OC Appeal No.243 of 1986, the 2nd Court of Subordinate Judge, Mymensingh by judgment and decree dated 25.5.87 dismissed the same and affirmed the judgment and decre......nt has since been living at her parental home and the respondent has not given her or her son any maintenance since then. A year later she approached the village matbars for a salish which failed. Thereafter the dispute was successively referred, twice each, to a Village Peace Committee and to the C..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....der and contract, that the University authority was free to return the pumps if they were found not according to specification and the respondent was agreeable to take them back and that there was no criminality in the transaction. The contract is still subsisting, money still remaining due to him a......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......nother except Bashir & Co. submitted their tenders and this time also lqbal Engineering Works was found to be the lowest tenderer whose offer was accepted by the tender committee on 9-9-87 and thereafter on 28-9-87 the work order was issued directing M/s Iqbal Engineering Works to supply 4 (four..Category: Anti-Corruption Laws | Date: | Hits: 92
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....be one case out of a thousand where the High Court Division will be justified in interfering even at the initial stage before taking of cognizance. But the usual and well-settled practice is that a criminal proceeding can only be quashed after cognizance has been taken and process issued thereup......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ....../471/109 of the Penal Code against the petitioner and two others whereupon the Magistrate took cognizance and issued process. The accused-petitioner is on bail and it may be presumed that he has already appeared in obedience to the process although no clear statement has been made in this petiti..Category: Criminal Law | Date: | Hits: 71
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....e suit land and that the plaintiff is the owner and possessor of the Suit lands. The plaint case is that defendant No.1 fell down from a wood- apple tree and by taking advantage of that she filed a criminal case against the plaintiff and his wife under sections 448/326 of the Penal Code. Accordi......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......6 of the Penal Code. Accordingly GR Case No. 359 of 1976 was started in the court of Sub-Divisional Magistrate, Brahmanbaria. For fear of arrest the plaintiff left his house with his family and thereafter some village peoples threatened him that unless he gives some lands in favour of defendant ..Category: Property Law | Date: | Hits: 72
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....such, the dismissal under section 203 Cr. P. C. was maintainable. The complainant-respondent may take steps at first for departmental action against the appellant and thereafter may file the criminal case subject to Government sanction for prosecution against the appellant. In its present ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......y and on perusal of the records of the case the Chief Metropolitan Magistrate by an order dated 10.5.94 dismissed the petition of complaint under section 203 Cr. P. C. 5. The respondent thereafter filed Criminal Revision No. 222 of 1994 under sections 435 and 439A Cr. P. C. for setting a..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......sion an application under section 526 of the Code of Criminal Procedure for transferring the case from the court of Manikganj to any other competent court. It was alleged, inter alia, that some miscreants on 28 February 1994 at the instance of the complainant took the photograph of their learned..Category: Criminal Law | Date: | Hits: 63
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....e Dhaka framed charge against the petitioner and his co-accused on 17.3.92. 4. The first point urged by Mr. Rafiq-ul-Huq, learned Counsel for the petitioner, is that on admitted facts on record no criminal offence-has been disclosed and therefore the continuation of the proceeding will work as ha......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ussain Mohammad Ershad, a former President and Mr. Shafiqul Gani a former Minister of Works under section 5(2) of Act II of 1947 and against one Abul Khair Litu under the said section of the said Act read with section 109 of the Penal Code, the present petitioner obtained a Rule in Criminal Revision..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....fore taking action. Desperate maladies, he said, called for desperate remedies. 23. Unfortunately, we find it difficult to give in to such desperation. True, there was a barbaric incident and the criminals, whoever they might be, needed to be rounded up and brought to trial. The authorities righ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......ey were not found at their address. It was decided to form a small committee for recording the statements of the doctors and students who were injured in the incident at the cafeteria and were under treatment in the hospital. That committee was to meet on the following day, that is, on 20.10.1993 at..Category: Constitutional Law | Date: | Hits: 169
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......, Jhenidah. That suit was dismissed but on appeal by the respondents being Title Appeal No. 158 of 1964 the appellate Court allowed the appeal and sent the suit on remand to the trial Court and thereafter the learned Subordinate Judge decreed the suit ex parte on 27.8.1974. The respondents put t..Category: Property Law | Date: | Hits: 61
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ..Category: Property Law | Date: | Hits: 53
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
.... Section 339C referred to an offence, not to a person. The learned Sessions Judge was obviously wrong in his view. But the wrong will not bring any relief to the appellant. During the pendency of the criminal revision the new Act came into force on the 1st November, 1992 and his supposed right of st......4) of section 339C, the accused did not enjoy an unqualified right or privilege or facility of stoppage of proceeding and release if the trial could not be completed within 270 days. His right was commensurate with the right of the prosecution to revive the prosecution. It cannot be the intention of......Division in Criminal Revision No. 291 of 1991). Judgment Mustafa Kamal J.- In agreeing with the ultimate order passed by my learned brother Ismailuddin Sarker, J., I would like to give my own reasons for dismissing the appeal. 2. Before the Code of Criminal Procedure was further amended ..Category: Criminal Law | Date: | Hits: 75
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....together and are disposed of by one Judgment. It may be also noted here that while admitting the appeal of the accused Taru Mian, in Criminal Appeal No. 362 of 1967, a suo moto rule giving rise to criminal Revision Case No. 568 of 1967, was issued on 18.8.67, calling upon the Deputy Commissioner......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......hich led to the trial of the accused appellant Abdul Gani on a charge under section 165 A of the Pakistan Penal Code and the accused appellant Taru Mian under section 161 of the Pakistan Penal Code read with section 5(2) of Act II, 1947 and eventually to their conviction are stated as follows: ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... 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. ...... 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. ...... occurrence. Accused Lutfor Fakir slept in the southern bhiti hut. SBBC time after mid-night deceased Dulal's pond mother Saju Bibi called PW 2 Bano Hi and asked her whether Dulal had gone hut. Thereafter PW 2 Bano Bibi and Saju Bibi both went out in search of Dulal with a lamp. Parashullah Faki..Category: Criminal Law | Date: | Hits: 62
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