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A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ge under sections 409/420 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 but the answer of the appellant could not be recorded as he was an absconding accused on the date of framing charge and he maintained his such status till 13-10-2008. ......ry Provisions of Law— So far the time limit is concerned the Rule prescribes to conclude the investigation within 60 'days in two phases or two tires but in case of failure of the same accused has not been given any premium for the same. But there is the provision for punishing the in..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....tioner also referring a very recent case of State Vs. Robin 66 DLR (AD) 272 submits that in the reported case Robin as an accused did not get chance to defend his case at trial and he was all through absconding but the Appellate Division at the time of hearing of a criminal petition for leave to app......lity. Whenever a cheque is drawn in favour of a person he enjoys a presumption that the cheque was drawn for some consideration but this presumption is a rebutable presumption. That is, the accused has a right to offer the evidence to prove that the said inference or presumption is not cor..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......t, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and, if so, wh..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
.... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ......ry charge-sheet is submitted on the basis of fresh evidence Under normal circumstances, if on the basis of fresh evidence a supplementary charge-sheet is submitted, for example by adding name of accused person (s) who had not been included in the initial charge-sheet, there would be no question..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
State Vs. Md. Lutfur Rahman and others, 2014, 43 CLC (AD)
....ars imposed on the accused-respondents by the trial Court be reduced to the period they have already undergone. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 150. ......de the judgment and order of conviction and sentence dated 20-7-1998 passed by the learned Divisional Special Judge, Rajshahi Division, Rajshahi in Special Case No.10 of 1994, Dinajpur convicting the accused-appellants (the respondents herein) under sections 409/109 of the Penal Code read with secti..Category: Criminal Law | Date: 14 Oct, 2014 | Hits: 2
Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)
....ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ......;further investigation", which is allowed by the law. Under normal circumstances, if on the basis of fresh evidence a supplementary charge-sheet is submitted, for example by adding names of accused person(s) who had not been included in the initial charge-sheet, there would be no questioni..Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
.... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ......s agent receives the work order for construction of a building, he is under obligation to hand over the same to the authority by constructing the same as per work order. In the instant case, the accused-petitioner as agent received work order, took some payment against the bills from the Roads ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
State Vs. Robin, 2014, 43 CLC (AD)
....ccused including the respondent under section 9 (3) of the Ain. Later on charge was framed under sections 7/9 (3) of the said Ain which could not be read over to the accused persons as they were absconding. 5. The prosecution examined 6 witnesses to substantiate their case who were not cro......din to watch a film. At about 9-30 PM after watching a movie they started to go to their house by a rickshaw. Accused Bahar was running behind the informant's rickshaw and three unknown accused followed her by a van. The accused on the van overtook the rickshaw and stopped her in ..Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16
....lice submitted charge sheet being charge sheet No. 184 dated 17-12-2003 against the accused Mahabur Sheikh under section 11 (Ka) of the Nari-o-Shishu Nirjatan Daman Act, 2000 and the accused remained absconding.
4. The case record was transmitted to the learned Judge, Nari-o-Shishu Nirjatan Dam......of 2005 rejecting the reference and dismissing the appeals, altering the conviction and sentence.
2. The relevant facts, for disposal of the case, are that the deceased Kohinoor was married with accused Mahabur Sheikh and their conjugal life continued for four years and it ended with the dia&sh..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......2007 at about 7-30 pm the sons of the informant, namely, Sohag (P.W.2), Sohan and Shuvon @ Shuvo (deceased) were playing on the pucca road in front of the shop of Shafiqul (P.W. 8). At about 7-30 pm, accused Md. Sajjad Ali called the younger son of the informant, namely, Shuvon with the promise to o..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......ourt Division in Criminal Rule No. 288 (Suo Moto) of 2014.) The case reported in 19 BLC 468 has been affirmed by the above judgment. Judgment Surendra Kumar Sinha J. - In this petition accused petitioner Abdul Wadud, former Managing Director of Rupantorita Prakritik Gas Company Limite..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......enforce the law and Rules of the country ignore the same, what is the necessity for the enactment of the law and the Rules...... (48) Since there appears no special defence case on behalf of the accused in respect of the trap case that the P.W. 1 who led the trap party had any connivance with A..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......l) Rules, 1985, that is, misconduct and corruption. It was stated in the charges that while performing the functions as Additional District and Sessions Judge Thakurgaon, he acquitted or enlarged the accused persons of bail in Session Case No.49 of 1999, Nari-o-Shishu Case No.13 of 1999, 63 of 1997,..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
..... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ......e defendant in Nari-o-Shishu Nirjatan Case No.516 of 2007 is silent about the date or time of marriage. However it contains a statement that the complainant (plaintiff) had love affairs with the accused (defendant) for about one and half years before the marriage. 41. The appellate court h..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... charged under sections 120B/302/. 107/34 of the Penal Code. Of the 11 (eleven) accused, Jahangir Hossain, Masud Rana @ Lawrence, Jane Alam @ Bora Bhai, Md. Shall and Abdur Rashid Molla @ Lincon were absconding, so charges could not be read over to them. The accused, who were present in Court, plead...... the draft copy of the judgment proposed to be delivered by my learned brother Md. Abdul Wahhab Miah, J. Though I agree with his ultimate opinion that the High Court Division erred in acquitting accused respondent Abdul Quader @ Mobile Quader and also maintaining the conviction of Ataur Rahman,..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......Enatgonj, Police Station Nabigonj, District Habiganj filed a petition of complaint before the learned Nari-o-Shishu Nirjatan Daman Tribunal, Habigonj stating that the complainant got married with the accused appellant about 10/11 years ago who has two sons aged about 8 years and 4 years old respecti..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......ined none. 8. The trial Court by its judgment and order dated 20-8-2008 convicted and sentenced the respondent as stated before. The trial Court in the impugned judgment excluded the property of accused No.2, the wife of the respondent holding that in view of the judgment dated 9-7-2008 pro..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......rs. Shafique Ahmed, Senior Advocate instructed by Md.Taufique Hossain, Advocate-on-Record—For the Respondents. Whether the Tribunal was legally correct to give the direction upon accused to return the seized ornaments to the other claimants who deposited those with him as p..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Ibrahim Vs. State, 2014, 43 CLC (HCD)
.... Haider Hossain, Abdul Karim and others to whom he had a talk on 12-4-1996. He denied the suggestion that Arju Mia being dissatisfied with his first wife Sufia, hurled acid and since then he was absconding and hence instituted false case against the accused Ibrahim. 19. P.W. 2 Sufia Begum ......5(ঈ), 5(ক)& 5(ঙ) It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the accused merely on suspicion that the accused committed such crime. There cannot be conviction for su..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......section 339C of the Code was to whip up the prosecution and to make the trial Court more active so as not to delay the trial of a case unnecessarily. The stopping of a case and the release of an accused would rouse the prosecution from its slumber and would necessarily subject it to accountabil..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
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