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Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....of the said patta in their saham and that the defendant No. 1 along with others tried to dispossess the plaintiffs and their co-sharer from a portion of the land of the patta in 1947 resulting in a criminal case under sections 143 and 447 of the Pakistan Penal Code and that two accused persons in......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......re cultivated in the said lands in suit by the plaintiffs through their bargadar Tarikulla and that the defendants forcibly entered into the lands in suit and damaged the said mustard seeds and thereafter they sowed mustard seeds in the said lands dispossessing the plaintiffs therefrom on the 30..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......its and also saw the kalai crops of the said land in a damaged condition. The petition of complaint was filed 7 days after the occurrence and it was then forwarded to the Police Station for being treated as First Information Report. Thus, the statement of the Investigating Officer to the effect ..Category: Criminal Law | Date: | Hits: 69
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....ambhar Nath vs. Emperor Cr.LJ. 520. In this case the accused was proceeded against on a charge under section 409 of the Penal Code under Chapter XXI of the Code of Criminal Procedure in respect of criminal breach of trust of a sum of Rs. 24.000/-. After hearing the evidence for the prosecution t...... 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. ......assed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opposite p..Category: Criminal Law | Date: | Hits: 82
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....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. ......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. ......low the hyoid bone and involved the thyroid or cricoid cartilags, or the large blood vessels of one side. However, extensive wounds in the neck involving the large blood vessels of both sides and reaching the spine, though rare, are seen in suicidal cases." PW 5 Dr A Azim has ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......ion 522 of the Criminal Procedure Code is an incidental order within the meaning of clause (d) of section 423 of the Criminal Procedure Code and the appellate Court had power under section 423 (d) read with section 522 of the Criminal Procedure Code to order restoration of possession of the disp..Category: Criminal Law | Date: | Hits: 66
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....l Haq, (4) Md. Nurul Huda, (5) Md. Mofzal Hossain, (6) Md. Babar Ali. (7) Md. Kasem Ali, (8) Md. Ebadulla Molla and (9) Md. Momin in between 27.5.64 and 19.8.64. You thereby committed an offence of criminal misconduct which is punishable under section 5(2) of Act II of 1947". 4. According t......cuniary advantage for others though not for himself, he committed an offence under the said clause. According to the learned Judge the words "pecuniary advantage" occurring in that clause provide the mens rea. Mr. Abdul Aziz contended that the learned trial Court committed a grave error of law by ov......busing his position as a public servant. The appellant pleaded not guilty to the accusation made under section 242 CrPC. . He also made a statement under section 342 CrPC. which will be referred to hereafter. The prosecution examined 16 witnesses including an Investigation Officer. The trial Court f..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....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. ......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. ......nbsp; ADC (Rev.), Bakarganj." Annexure 'P'. "176 Judl. dt. 18.7.70. Heard the learned lawyer. When there is a big navigable river, the area to eastern side of river Tetulia would fall within Bhola Sub-Division to be administered by SD..Category: Property Law | Date: | Hits: 81
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....Sessions Judge further observed: "As Sharifunnessa was admittedly married to the complainant Abul Hossain, she continues to be his wife until the said marriage is terminated. The criminal Court has no jurisdiction to make a positive finding that the marriage between Abul Hos......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. ......t prevent the accused from taking Sharifunnessa away. The complainant Abdul Hossain was busy outside the house with some other work but he also came and heard the story from the said Abul Kasem. Thereafter the complainant along with some men of the village and his younger brother Abdul Kasem wen..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....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. ......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. ......witness Fazlul Huq was coming to their house in village Jainkati at about 10 PM in the night when they noticed that accused-petitioners Idris, Sekendar, Tajem Ali, Abdul Barek and Jalal Ahmed were reaping paddy from the said plot. When PW 2 Serajuddin protested, accused Idris gave him a blow by ..Category: Criminal Law | Date: | Hits: 82
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....rich, and influential man of the locality with the help of others, forcibly entered into the disputed room and dispossessed the plaintiffs therefrom and took away the articles from the said room. A criminal case was started by the plaintiffs, but the same was not proceeded with as there was a ta...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... and pro-defendant No. 3 got the northern two third portion of the bhiti lands and Osman by an amicable partition obtained the other lands which are not included in schedule 'ka' to the plaint. Thereafter the pro-defendant Nos. 3 and 4 constructed a tin shed in the said bhiti lands of schedule '..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
.... accused petitioners were charged under section 379 PPC for committing theft of paddy seeds and spades belonging to PW1 Probhat Chandra. They were also charged under section 447 PPC for committing criminal trespass by entering into complainant's plot No. 661 with the intention of causing annoyan......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......ng Magistrate convicted and sentenced the accused petitioners as aforesaid. The learned Sessions Judge rejected the application of the petitioners to make a reference to this court. Thereafter the petitioners obtained this Rule. 4. Mr. A Wahab, the learned Advocate for the pet..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....tandard adopted by reasonable men the act was right or wrong. 13. Occasional looseness of head, unsoundness of mind or even partial derailment of brain will not entitle one to claim exemption from criminal liability under section 84 PPC. Uncontrollable impulse coexisting with the full possession ......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. ......aibanoo aged about 6 years and she died on the spot. The accused then gave dao-blows to one Shurjan Bibi and she died subsequently. He also injured with dao one Pankhi Bibi and one Ulfat Ullah. He thereafter killed Manfar Ullah with dao-blows. He then chased his father-in-law who jumped into the pon..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......The case of the plaintiff is that his mother Kula Kamini who has been made second party defendant in the suit, was the owner of the lands recorded in TS No. 48, Mouza Rasulpur, Plot No. 311 with the area of 66 acres. Kula Kamini as owner of this plot mortgaged the suit land to defendant No. 1 Abdul ..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......uddin lying dead. PW 3 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..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....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. ......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. ...... the complainant to the effect that prisoner Abdur Rashid dealt 'Dao' blows on his step-mother deceased Maleka and then ran away towards the east. Thereafter, according to the advice of Yasin Sheik and others, who assembled there, PW 1 went to the K..Category: Criminal Law | Date: | Hits: 154
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....nformant. The accused will be at liberty to pray before the trial Court for her production in Court if it is found necessary by the accused. 20. In the result, both the appeals are allowed and the criminal leave petition is disposed of in terms of the order passed in the appeals. Let the vict......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. ...... passed in the aforesaid Miscellaneous case moved this Division for leave to appeal against the said order and obtained leave which is the subject matter of Criminal Appeal No. 22 of 1998. 12. Thereafter, one Meher Chand claiming himself to be the brother-in-law of Mrs. Umme Salma (Suma Chatterj..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....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. ......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. ...... and therefore, expressed his remorse in the following terms: “4. That I frankly confess I have foolishly and stupidly written the Article without even verifying the facts and realising the full impact and effect of the Article on the people: I regret my stupid..Category: Criminal Law | Date: | Hits: 75
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......ugh lawyer on 4-1-96 that he had lost the cheque written in the complainants name and made a GD entry in that behalf, and that it was clear from the conduct of the accused that he was a cheat and he created the story of losing the cheque in order to fraudulently misappropriate the money of the compl..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....n accused is convicted and sentenced under section 466 he cannot again be convicted and sentenced under section 471 of the Penal Code…..(7) (ii) The accused-petitioner’s conduct is certainly a criminal misconduct because receipt of money from Nurun Nahar and consequent making of a fresh recal......accused-petitioner did not deposit the said money. In the view of the matter there is no substance in the submission 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) (199...... way the forgery of the accused was detected. The learned Magistrate then made a complaint before the learned Special Judge. A preliminary inquiry was held by an Officer of District Anti-Corruption Bureau and an FIR was lodged against the accused-petitioner, charge-sheet was submitted and before tri..Category: Anti-Corruption Laws | Date: | Hits: 73
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....d distant appointments and past and closed transactions are validated by this Division then it will result in a public mischief and in a disaster of unimaginable proportion in the administration of criminal justice. We have therefore no hesitation in acceding to the prayer of the learned Attorne...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... transferred to somewhere else. It was also contended that the obligation cast upon the President under Article 116 of consulting the Supreme Court is in the nature of a political obligation, the breach of which may lead only to a political consequence, and not to any legal consequence. Further,..Category: Employment/Service Law | Date: | Hits: 72
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