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Billal Vs. State, 2000, 29 CLC (AD)

....PWs 1 and 3 the accused appellant Saiful also confessed that he called the victim out of his house in the evening on the date of occurrence. Although normally motive is not relevant factor in any criminal offence but it became important in a case like the present one where there is no direct......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, subsequent recovery of his deadbody and appellant’s love and threat to PW 2 Mokseda before the occurrence and abscondence of Billal immediately after the occurren..

Category: Criminal Law | Date: | Hits: 58

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..

Category: Criminal Law | Date: | Hits: 64

Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

.... 1976 were in force. These Rules did not provide that a delinquent employee could be dismissed from service without any show cause notice or any disciplinary proceeding if they are convicted of any criminal offence or an offence under the prevailing Martial Law Regulations. Therefore, their very ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ..

Category: Employment/Service Law | Date: | Hits: 70

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....d not be taken: Provided that this clause shall not apply- (i) where a person is dismissed or remove or reduced in rank on the ground of conduct which has led to his conviction in a criminal offence; or (ii) where the authority empowered dismiss or remove a person or to red......l as independent Pay Commission for the purpose of appointment of judicial officers and magistrates performing judicial functions and for the purpose of fixing their scales and grades of pay commensurate with their recognised status in the Constitution. (3) For effective implementation o......is a functionally and structurally distinct and separate service from the civil executive and administrative services of the Republic……..76(1) Articles 115, 133 & 136 The President can create and establish a judicial service and also a judicial magistracy and make rules and also the ru..

Category: Constitutional Law | Date: | Hits: 829

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... she could not take steps for representing herself in the High Court Division due to want of time. The appellant has further alleged that the impugned order was passed ex parte without giving her a reasonable opportunity to submit her case. The girl was set at liberty on 22-4-98 in pursuance of ..

Category: Criminal Law | Date: | Hits: 48

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......ted — Respondent. Criminal Petition For Leave to Appeal No. 208 of 1998 Judgment    Latifur Rahman J.- In Sessions Case No.1991 the Additional Sessions Judge, Mymensingh on 30-3-95 convicted accused-petitioner No. 1 under sections 302/109 of the Penal Code and......Karim, Kadir and Gajnabi also assaulted the deceased on different parts of the body and other a persons also participated in the assault as a result of which the deceased died on the spot. Soon thereafter the accused persons threw the dead body in river Khiru. The informant a other relations who..

Category: Criminal Law | Date: | Hits: 61

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ...... coming into force of the said Act XIII of 1987, the High Court Division was justified in refusing to quash the proceedings taken against the accused petitioner under section 409 of the Penal Code read with section 5(2) of Act II of 1947 in Special Case No. 141 of 1984 of the Court of Divisional..

Category: Criminal Law | Date: | Hits: 59

Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)

....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......While we express our extreme disapproval of the impugned order hoping that there will not be any repetition, we refrain from granting leave to appeal in this case as the impugned order might have already reached the Courts below in the meantime and been acted upon by transferring the case to the ..

Category: Criminal Law | Date: | Hits: 59

Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)

....dgment and order dated 26th April,1998 passed by the High Court Division in Criminal Revision No. 444 of 1992). Judgment       Mahmudul Amin Choudhury J.- This criminal appeal by leave is against the judgment and order dated 26-4-1998 passed by a Single Bench...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... not from the date of arrest of the accused as human memory fades with lapse of time and when the TI parade is held after long delay from the time of commission of crime, the chances of mistake increases. 8. It is in evidence of PWs 1-2 that there was a burning hurricane lamp inside the ..

Category: Criminal Law | Date: | Hits: 92

Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)

....spondent No. 2, Money Suit No. 90 of 1985 in the 3rd Court of Subordinate Judge, Dhaka claiming Tab 66,11,606.85 being his dues out of the same work. Both the suits are pending. 5. The criminal case could not proceed because of various steps taken by the respondent against the said ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......g the plaint. Being of the view that in the facts and circumstances of the case the continuation of the criminal proceeding was an abuse of the process of the Court, the Rule was made absolute as already noticed. 6. The petitioner appeared in person with the leave of the Court and a..

Category: Criminal Law | Date: | Hits: 93

Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)

.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ..

Category: Criminal Law | Date: | Hits: 53

Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

....ing they have locus standi to challenge the order and, as such, the finding of the learned Judges of the High Court Division that the petitioners cannot move the application for withdrawal of the criminal case for lack of locus standi is not tenable in law. 5. Section 494 of the Code pr...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......ruction from the Government not to press this Rule as the Government do not like to proceed with the same. Accordingly, the Rule was discharged for non-prosecution on 3-7-96 by a Division Bench. Thereafter the accused-petitioners filed another revisional, Criminal Revision No. 450 of 1996, chall..

Category: Criminal Law | Date: | Hits: 63

Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)

....rt of law. 8. Both sections 195 and 476 of the Code of Criminal Procedure clearly speak of production of a document in a proceeding before a court. Section 195(2) speaks of civil, revenue or criminal court and section 476 of the Code speaks of an inquiry into any offence referred to secti......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......der the aforesaid section of the Penal Code against the appellant and others. The Chief Metropolitan Magistrate, Chittagong by his order dated 18-12-84 accepted the charge sheet. The appellant thereafter filed a revisional application against the order of accepting the charge sheet being Crimin..

Category: Criminal Law | Date: | Hits: 72

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

....of the aforesaid Sessions case, challenged the Notification in Writ Petition No. 2032 of 1997 mainly on two grounds, namely, that the Government lacks any power to hold the sitting of a particular criminal case at a particular place forsaking the usual place of sitting of the court of Sessions a...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... Government directed that the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessions Case No. 319 of 1997 arising out of Dhanmondi PS Case No. 10 (10)96 under Dhaka Metropolitan Area at the first floor of holding No. 3/13, Works Ministry Building No. 10/141 situated in the midd..

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....vision Bench of the High Court Division by the impugned judgment and order dated 13 August, 1995 in Criminal Appeal No. 258 of 1992, some important questions of principle relating to disposal of a criminal appeal have been raised on behalf of the State-appellant. It has been generally argued tha......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......ive of the ordinary and usual norms as are followed in an appeal and further has laid down certain propositions which! are unknown and thus are likely to mislead the Subordinate Courts resulting in real miscarriage of justice. The learned Advocate for the respondent even though happy with the res..

Category: Criminal Law | Date: | Hits: 77

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....l from the judgment and order dated 20 November 1995 passed by a Division Bench of the High Court Division discharging the Rule in Criminal Revision No. 246 of 1989, and thereby refusing to quash the criminal proceeding pending before the Chief Metropolitan Magistrate, Dhaka against them under secti......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ...... Criminal Revision No. 246 of 1989, and thereby refusing to quash the criminal proceeding pending before the Chief Metropolitan Magistrate, Dhaka against them under sections 420/109 of the Penal Code read with sectors 5(2) of Act II, 1947. It is out of time by 4 days. For the explanation offered by ..

Category: Anti-Corruption Laws | Date: | Hits: 75

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....at there are reasonable shameful and unbearable pressure and torture both grounds for believing that the respondent has been mental and physical and intimidation. She was told guilty of an offence of criminal conspiracy which is that until and unless she agreed .to sign a punishable with death or im......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......itul Islam, receptionist- cum-resident PA at the Dhanmondi residence of the then President of Bangladesh, Bangabandhu Sheikh Mujibur Rahman on the fateful night of 14 August, 1975 and related to the dreadful incident of that night in which the President and his family members and others were killed ..

Category: Criminal Law | Date: | Hits: 115

Alimuddin and others Vs. State, 1997, 26 CLC (AD)

....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......39D as it then was. The learned Session Judge has observed that it was a fit case for revival as it involves an offence f day-light murder, Thor, has been no miscarriage of justice and there is no reason to interfere with the impugned order upon time-barred petition. The petition is, acco..

Category: Criminal Law | Date: | Hits: 74

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......lice Station, against eight persons, alleging, inter alia, that they by fabricating certain transfer orders got themselves appointed as Assistant Teachers in different Government Primary Schools. Treating the same as the First Information Report, Pangsha PS Case No. 7 dated 29-4-89 under section..

Category: Criminal Law | Date: | Hits: 87

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......nd Sessions Judge, Noakhali for trial where it was numbered as Special Tribunal Case No. 21 of 1992. Charge was framed against the appellant and Anwarullah under section 19(f) of the Arms Act, 1878 read with section 26 of the Special Powers Act, 1974. The case was transferred to the Court of Spe..

Category: Criminal Law | Date: | Hits: 98