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Mahbubul Alam Vs. State, 1997, 26 CLC (AD)

....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......f 1996. Judgment Latifur Rahman J.- In Special Case No. 54 of 1990, the Divisional Special Judge, Chittagong convicted the accused-petitioner under sections 409, 420,271 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced him to suffer rigorous imprisonment for one y..

Category: Anti-Corruption Laws | Date: | Hits: 81

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nbsp; Prosecution case, to recall briefly, is that on 18-5-92 at about 8/9 in the morning PW 1 Kemaluddin, the informant, along with his son Hyder Ali and two nephews Mohsin and Badal were reaping paddy in their paddy-field when the aforementioned accused persons including the appellant ..

Category: Criminal Law | Date: | Hits: 104

Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)

....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ...... learned Advocate for the petitioner, submits that the grounds of forfeiture stated in the Notification are not covered by section 99A(1) (a) of the Code of Criminal Procedure. He points out that the reasons given for forfeiture are: " ইসলাম ধর্মাবলম্বীদের ..

Category: Others | Date: | Hits: 122

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

.... engaged in the clandestine business of carrying gold and that they needed a exit through the Airport for which the service of the appellant Airport Manager was requisitioned by some members of the criminal gang or that he himself volunteered his service. We reject Serajul Huq’s contention......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ......e order of conviction and sentence passed on him was affirmed. Appellant Abu Taher’s Criminal Appeal No.657 of 1992 was allowed and he was found not guilty of the offence under section 258(1) read with section 25D of the said Act and the order of conviction and sentence passed against him w..

Category: Criminal Law | Date: | Hits: 130

Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)

....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period already undergone and remitting the sentence of fine…………………….(5) Lawyers Involved: ..

Category: Anti-Corruption Laws | Date: | Hits: 71

Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)

....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ...... Judgment Bimalendu Bikash Roy Choudhury J.- In a case being Special Case No.72 of 1985 the petitioner was convicted by the Divisional Special Judge, Dhaka under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced to rigorous imprisonment for one year and a f..

Category: Criminal Law | Date: | Hits: 95

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

.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..

Category: Procedural Law | Date: | Hits: 157

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......ly heir (uncle) Wahed Ali Mollah became the owner of the said property. Mojahar Ali Mollah had a wife named Rashida Khatun, accused-respondent No. 3, who was divorced by him prior to his death and thereafter she married Md. Raihan Ali Khandker, accused respondent No. 1. Said Rashida Khatun claiming ..

Category: Procedural Law | Date: | Hits: 120

Shahid Miah Vs. State, 2000, 30 CLC (AD)

.........................................Respondent Judgment May 14, 2000. Result: The petition is dismissed. The Code of Criminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......occurrence and the accused fled away. Police upon investigation submitted a final report and prayed for proceeding under section 211 of the Penal Code against the informant. The accused petitioner thereafter left for Bangladesh and was living in England since his departure. The informant filed an ap..

Category: Criminal Law | Date: | Hits: 109

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

.... by a very cryptic and unintelligible judgment disposed of the appeal without any discussion of the material evidence on record which was incumbent upon the first appellate Court while disposing of a criminal appeal. 6. Leave was granted to consider the following points: (1) In this case the F......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......nd considering the present condition of law and order situation in the country and finding no infirmity in the statement of this witness before the court, the same can be relied on. There is no valid reason to discard such evidence as incredible. A belated statement in court, if can stand the scruti..

Category: Criminal Law | Date: | Hits: 108

Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)

.... the explanations offered for condonation of delay are far from satisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ...... the explanations offered for condonation of delay are far from satisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ......day a goat belong­ing to his uncle Akbar Ali Khan was eating Khesari crops in the land of Jashim Mallik, Akbar Ali's son Azam went to the Khesari field and was bringing back the goat. When he reached near the house of Akbar Ali, accused Mostofa and 8 other accused per­sons armed with dea..

Category: Criminal Law | Date: | Hits: 94

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......lice Station alleging that on 11-1-93 at about 09.00 A. M. one Monowar Hossain Bepari was proceeding towards Dhamodya from Bhedorganj on his way to Banaripara by rickshaw of one Babul Bepari; when he reached near the house of one Hasan Ali Matbar then three accused persons stopped the rickshaw and o..

Category: Criminal Law | Date: | Hits: 106

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......s:  I.   Because the High  Court Division failed to appreciate the nature of the right which had accrued to the petitioner that could not be denied or defeated without rea­sonable reasons and the plea of the expiry of the period of validity was arbitrary and malaf..

Category: Administrative Law | Date: | Hits: 130

Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)

....In such view of the matter the submis­sions do not merit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......Station in the District-Bogra. Adamdighi Police Station Case Nos. 8 of 1992 dated 17.11.1992, 3 if 1993 dated 14.01.1993, 4 dated 14.01.1993 and 5 dated 14.01.1993 under Section 409 of the Penal Code read with section 5(2) of Act II of 1947 (Prevention of Corruption Act, 1947) were started against t..

Category: Anti-Corruption Laws | Date: | Hits: 94

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......him to drink sharbat but Amirul Alam was unwilling and then accused Abdur Rashid caught hold of hair of his head and poured sharbat in his mouth and thus he was compelled to drink sharbat and that thereafter he felt uneasy and became senseless and taking advantage of the situa­tion the accused p..

Category: Criminal Law | Date: | Hits: 92

Panna Biswas Vs. State, 2006, 35 CLC (AD)

....rred by 324 days and the explanation given for the delay is not satisfactory.  This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed.  Ed ......rred by 324 days and the explanation given for the delay is not satisfactory.  This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed.  Ed ......ting with each other and that Panna Biswas escaped and ran away and the brother of the informant caught hold of Panna and at that tie Panna with 'Chora' hit on Thigh causing cut injury and thereafter he was taken to Pabna Sadar Hospital and then a First  Information Report was lodged, w..

Category: Criminal Law | Date: | Hits: 89

Enamul Haque Vs. The State, 2006, 35 CLC (AD)

....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no considera­tion and accordingly it is dismissed.  Ed. ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no considera­tion and accordingly it is dismissed.  Ed. ......owned by the informants uncle; that on 17.2.2000 at about 6 P. M the informant after collecting the sale proceeds of the soaps amounting to TK. 20,000/-(Twenty thousand) started towards Sylhet and on reaching Sunanaganj Road, the informant found that Lalu, Lal, Ashiqur Rahman, Bazlul Haque, Enamul H..

Category: Criminal Law | Date: | Hits: 81

Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)

....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ......he father of the informant Md. Afsar Ali (P.W.1) riding bicycle started for Bhavanigonj to attend court advising his son the P.W.1, who was also an accused in the case to follow him after taking his breakfast. The informant while taking his breakfast heard hue and cry raised by P.W. 2 and came out o..

Category: Criminal Law | Date: | Hits: 99

Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)

....ntitled to be discharged from the charge framed against him.  6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed.  Ed. ......ntitled to be discharged from the charge framed against him.  6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed.  Ed. ......under sections 392 and 411 of the Penal Code.  2. The High Court Division discharged the Rule upon observing that in view of the materials on record there is no ground to set aside the charge already framed against the accused-petitioner and to discharge him. The High Court Division further ob..

Category: Criminal Law | Date: | Hits: 90

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....who after conclusion of the trial, by his judgment and order dated 31-8-94 convicted the petitioners and sentenced them as aforesaid.  6. Being aggrieved the petitioners pre­ferred the criminal appeal before the High Court Division and the same was dismissed by a Division Bench of the......uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ......n 4th  Sravan, Monday he started for home with Tk. 900/- only keeping the rest amount with his nephew Abul Hossain, son of Helaluddin of village Jitka, P.S. and District Manikganj but he did not reach home; they were under the impression that her husband might have gone to his nephew's hous..

Category: Criminal Law | Date: | Hits: 121