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Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
....nder section 25C (d) of the Special Powers Act and fixed 16-4-90 for witnesses. 2. The petitioner filed Criminal Revision No. 288 of 1990 under Section 561 A Cr. P. C. for quashing the said criminal proceedings and obtained a Rule, but a Division Bench of the High Court Division by judgme...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......the Special Powers Act by the Senior Special Tribunal, we do not find any illegality in the proceedings and therefore the High Court Division rightly refused to quash the proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. ..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......Taka 6,32,000.00 for the purpose of sending abroad on employment promised employment in Japan and Singapore but instead of taking them there they were taken to Thailand and were lodged in a hotel. Thereafter accused-petitioner No. 1 fled away and the Thai Police arrested the affected persons who wer..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....lastly extended for another 6 months with effect from 3-9-95 by an order dated 9-7-95. 3. The grounds on which the writ petition was pressed before the High Court Division are that, several criminal cases filed against the detenu and mentioned in the grounds of detention are false and tha......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 .......2-95 the grounds of detention were served on him. On 16-2-95 the Government extended the earlier order of detention for further 3 months under section 3(3) of the said Act. The writ petitioner thereafter obtained the Rule Nisi in February, 1995, but the order of detention was extended thereafte..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....1. In the present case it is already mentioned that the plaintiffs in paras 2 and 5 of the plaint clearly stated that to prevent the breach of peace in respect of the Suit land they had to bring a criminal proceeding against the defendants under section 144 Cr.P.C in April 1985 and the same was ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ...... of Criminal Procedure and Ultimately the Upazila Magistrate dismissed that case on 10-6-85 with the observation that the dispute should be resolved between the parties in the civil Court; that thereafter the defendants again conspired to cut and take away forcibly the paddy and jute grown by th..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
...., purchaser Ashrafuz Sultan, Kashem Ali was a Peshkar of the Court of the District Judge. He wanted to grab the disputed property by creating pressure on the defendant. Accordingly, he caused a false criminal case to be filed by the plaintiffs. Kashem Ali also filed a suit against the defendant in t......Single Bench of the High Court Division in Civil Revision No. 51 of 1991, making the Rule absolute and restoring the judgment and decree dated 3 January 1987 passed by the Additional Munsif, Sadar, Mymensingh, in Other Class Suit No. 6 of 1986 after setting aside the order of remand passed by the Su......and went away to their village home at Habiganj. The father of the, purchaser Ashrafuz Sultan, Kashem Ali was a Peshkar of the Court of the District Judge. He wanted to grab the disputed property by creating pressure on the defendant. Accordingly, he caused a false criminal case to be filed by the p..Category: Tenancy Law | Date: | Hits: 88
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....rily rejected the revisional application. 3. Leave was granted to consider the following points: (i) the rule of practice relating to 60 days limitation for filing revisional application in criminal case not being an inflexible rule, whether the learned Single Judge of the High Court Divis......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......6 of the Penal Code and accordingly convicted and sentenced him as mentioned above. The appeal preferred by the appellant was dismissed on merit on 24-8-94. On 31-10.94 he surrendered in Court and thereafter filed a revisional application in the High Court Division against the judgment and order of ..Category: Criminal Law | Date: | Hits: 78
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......High Court Division and instead filed an application for withdrawal of the revision case which was allowed by the High Court Division and the Rule was discharged on 16-3-92 for non-prosecution. Thereafter on 17-3-92 the respondent filed an application in the execution case, this time under secti..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......ot. 3. After Investigation Police submitted charge sheet on 4-4-95 against 22 accused persons including the petitioner under sections 147/l48/448/149/324/302/114 of the Penal Code. Thereafter, on the prayer of a co-accused Farooque Talukder the was transferred to the CID for further..Category: Criminal Law | Date: | Hits: 78
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....in Criminal Miscellaneous No. 2113 of 1994) 49 DLR (AD)(1 997). Judgment: Latifur Rahman J: This criminal appeal by leave at the instance of the two witness-appellant directed against the judgmen......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......No. 77 of 1986 was transmitted from the Court of the Sessions Judge after disposal of the bail matter by the Sessions Judge to the court of the Additional District Magistrate, Sylhet on 20-8-87. Thereafter, the said GR Case remained pending for a long time and subsequently by order dated 21-1-89 ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ked him to come to the roof for gossiping. Respondent No. 2 was waiting in the darkness of the staircase with the bati dao in his hand and as soon as respondent No. 1 accompanied with Md. Nuruddin reached the middle of the staircase on way to the roof, respondent No. 2 grabbed Nuruddin an..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....hrough the Comptroller and Auditor General but instead of forwarding the same the Comptroller and Auditor General returned the appeal saying that the respondent having been removed from service for criminal conviction, there was no provision of appeal. The respondent asserted that at the relevant...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... Establishment Ministry was requested to appoint an inquiry officer but the Ministry informed that as the respondent was convicted on a criminal offence, no show cause was necessary in his case. Thereafter he was removed from service by order dated 25-9-78. Although the respondent’s post w..Category: Administrative Law | Date: | Hits: 106
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....at defendant No.3 after having secured an order of stay from the High Court Division had taken away crops from the suit land in spite of the protest made by the Receiver, which had given rise to a criminal case. 4. This court is loathe to interfere in the matter of appointment of ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
.... bail. Therefore, the objections as to warrant of arrest or absence of list of witnesses were but thin grounds to raise question as to the taking of cognizance by the CMM.
I8. It is true that in criminal matters the accused should get all protection under the law but it is also important that t......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......of the Securities and Exchange Ordinance, 1969, briefly the Ordinance, through its Executive Director MA Rashid Khan before the Chief Metropolitan Magistrate, Dhaka alleging offences under section 17 read with section 24 of the said Ordinance against the present petitioners on 2-4-97 whereupon the C..
Category: Business or Commercial Law | Date: | Hits: 163
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....der section 561A of the Code of Criminal Procedure for quashment of the said proceeding mainly on the grounds viz, (i) that the facts disclosed in the petition of complaint had no ingredient of any criminal offence and the dispute was of civil nature; (ii) that the alleged offence having been co......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......rn to Saudi Arabia, the complainant got a scent of the evil design of all the 4 accused to misappropriate his money. As the complainant demanded back his money accused Nos. 3 and 4 under various threats and torture obtained his signatures on blank papers and forwarded the same to accused Nos.1 ..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......cerned on 21-10-96 praying to accept the charge-sheet after substituting section 326 in place of section 325 of the Penal Code. 2. The learned Magistrate by his order dated 15-4-97 treated the application as a Naraji and observed that the charge-sheet was accepted including sectio..Category: Criminal Law | Date: | Hits: 74
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......t-petitioner that he purchased some lands measuring 0.88 acre from Taher Ali, father of accused-respondent Ramizuddin and is in possession of the same and that accused Ramizuddin and Abdus Shahid created a false and forged deed of gift in their favour showing their father Taher Ali as executant ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....der the Special Powers, Act, 1974 in the Dhaka Central Jail. Upon a writ petition filed on his behalf he was set free from detention by the High Court Division. He was also exonerated from various criminal cases instituted against him for want of evidence. After his release from Dhaka Central Ja......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... Chief Martial Law Administrator passed during the currency of Martial Law. As such, the Appellate Tribunal endorsed the decision of the Administrative Tribunal. 4. The respondent thereafter filed the instant writ petition challenging Martial Law Order dated 8-11-86 communicated vi..Category: Administrative Law | Date: | Hits: 125
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....rcumstances, (referred to the judgment) is not at all sustainable in law. 5. We find force in the submission of Mr. Malek. There is a difference in the standard of proof required in a criminal case and a civil case. A document of transfer may be voidable on very many grounds includ......p; 2. On the allegation that the accused petitioner had committed forgery in respect of the said two in heba-bil-ewaz deeds, he was put on trial before an Additional District Magistrate, Mymensingh to answer a charge under section 467 of the Penal Code and another Md. Ismat Ali since ac......97. The Penal Code, 1860 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant by reason of unsoundness of mind or intoxication or by reason of deception practiced upon him did not ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....party but by the accused party who had both title and possession of the disputed land. The informant party, after obtaining symbolical possession through Court, went to the disputed land to protest criminal trespass and mischief to the crops by the informant party and in the process a free fight......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......er section 100 of the Penal Code the right of private defence of the body extends to the voluntary causing of death if the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must b..Category: Criminal Law | Date: | Hits: 96
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