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Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......ating alamats were not seized from the place of occurrence which caste serious doubt upon prosecution case. He added that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required under law and evidently fell in an error in coming to his ultimate decision occas...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ce to their inmates. The prosecution was launched by lodging the First Information Report by PW 1 with Barguna Police Station. 4. During investigation, victims made statement before the Magistrate recorded under section 22 of the Ain, 2000 and accused Sohag made confession recorded under section ......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......Advocate, appearing for the accused appellant, has taken us through first information report, charge-sheet, depositions of witnesses, confessional statement impugned Judgment and other materials on record and then he criticised the impugned Judgment and order of conviction and sentence on various ......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....ast 5 pears has been tutoring his daughter on home call. He admitted that the reading room was separate and the victim alone was tutored by Jugal and we also find from his deposition that there was a good relation between Jugal and his other family members. We also find that his daughter passed in S......und all the possible places he could not get any trace of his daughter and lodged the first information report. 4. The police of Boalia PS on receiving the first information report aforesaid recorded the same and registered the PS Case No.26 dated 20-1-1995, started investigation and having...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....from the law and being away are not the same thing. 20. In the instant case the accused petitioner remained absent as he was not aware of the case against him. So, he stayed in Saudi Arabia in good faith and not fleeing from law. So, the absence of the petitioner cannot be treated as absconde......agong, for trial and the learned Judge framed charge against the accused appellant in absentia. 4. The learned Special Judge considering the facts and circumstances of the case and evidence on record passed the impugned judgment and order of conviction and sentence on 17-1-1994 convicting the......It is further submitted that the processes were not served upon him which collusively suppressed making fraud upon the Court and the Divisional Special Judge, Chittagong also remains silent about the service of notice upon the accused petitioner in his judgment. Thus, the learned Advocate submits th..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....roject namely, Urban Housing and Technical Development Company would sell land of its project adjacent to Rayer Bazar within berry bandh which was approved by Dhaka Improvement Trust now RAJUK and in good faith on the statement of the accused petitioner Alhaj Abul Kashem, the complainant wanted to p...... which he pleaded innocence stating that he will not adduce any witness and will not say anything. 6. The learned Magistrate considering the facts and circumstances of the case and evidence on record convicted the accused person under section 420 of the Penal Code and sentenced him to suffer ......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ors to refuse registration of transfer of shares on the ground that the directors did not approve of the transferee. Citty J. said in relation to the directors’ power that the directors must act in good faith and in the interest of the company and with due regard to the right of a shareholder to t......titioner is a share holder in Green Delta Insurance Company Limited hereinafter referred to as the Company. The petitioner as on 31-10-1993 was a substantial share holder in the company with his name recorded as such in the share register of the company. The petitioner had at various times bought sh......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......ftab Hossain Tarapdar, God-father of the victim lodged the F.I.R. with the Jibannagar Police Station at a distance of about 3-1/2 miles from the place of occurrence, P.W.2, Abdul Bari, S.I. of Police recorded the F.I.R. and accordingly Jibannagar P.S. Case No. 11 dated 28.11.75 under sections 147/......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....tated that complaints have been received that the detenu is a member of organised gang which commit forgery in respect of various papers and documents, that the detenu attempted to release contraband goods from the Customs Department on the basis of forged signature and seal, that Dhaka Cantonment......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......itional District Magistrate, Dhaka passed the order dated 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dhaka Central Jail on 8.1.88. I..Category: Criminal Law | Date: | Hits: 29
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......f the Penal Code against 10 accused-persons including the 3 appellants. The prosecution examined 9 witnesses and the defence none. 4. The learned Sessions Judge on consideration of the evidence on record convicted the 3 accused-appellants under section 395/397 of the Penal Code and sentenced them......se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ..Category: Criminal Law | Date: | Hits: 51
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......ty to the appellant for cross-examination of the witnesses. It is further submitted that the cross-examination of these witnesses are necessary for ends of justice and for bringing certain facts on record which the prosecution failed to produce. 5. Mr. S.B. Barua, the learned Advocate appeari......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30...Category: Criminal Law | Date: | Hits: 35
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
.... of the prosecution witnesses is that the deceased Jitu Miah was a cattle lifter. He had many enemies. Accused Siddik Ali and Nousha and other villagers obtained a bond from Jitu Miah for maintaining good behaviour. The accused have been falsely implicated in the case out of enmity. Before the learn...... out of enmity. Before the learned Additional Sessions Judge, the prosecutions examined 12 witnesses and the defence examined none and after considering the facts, circumstances and evidence on record the learned Additional Sessions Judge, convicted the appellant under section 302 of the Penal......tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ..Category: Criminal Law | Date: | Hits: 30
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......6-11-70 to the plaintiff Shamsun Nessa Begum and delivered possession on that day. The plaintiff’s case is that she on purchase entered into possession and constructed hut therein. Her name was recorded in the khatian and she paid rents to the Government on proper receipt and since purchase sh......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......ollah was absconding for sometime but he surrendered in Court before the Upazila Magistrate on 23-8-85 wherefrom he was remanded to Jail custody. The learned Sessions Judge, Bogra received the case records and fixed 18-11-86 for framing charge. Thereafter on 12-11-86 he was pleased to transfer the...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......and that he was implicated hi the case falsely at the instance of the employees of the informant and the prosecution witnesses. 4. The learned Magistrate, however, on appraisal of the evidence on record and on consideration of the facts and circumstances of the case found the accused-petitioner ......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7...Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ...... one. From the trend of cross examination it appears that the petitioner totally denied the transaction as alleged by the complainant. The learned Magistrate, however, on consideration of evidence on record found the petitioner guilty and sentenced him to suffer rigorous imprisonment for 3 months. T......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......nd sent the dead body to the morgue at Patuakhali through constable No. 74 Humayun Kabir for post-mortem examination. He also seized the alamats, prepared seizure list, drew sketch map with index and recorded the statements of the witnesses under section 161 Cr.P.C. and then submitted charge-sheet a......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....st the accused that they have not only failed to repay the loan amount which was advanced but violated the contract through diversion of fund etc. The allegation as to violation of contract will hold good for an offence of criminal breach of trust if only the condition as to 'entrustment' within the......lved in the second hand re-conditioned engine the financing plan should be revised to bring down BSRS loan to the level of 50.50 debt equity ratio of the estimated cost of the project and the fact on record shows that at the advanced stage of the construction of the vessels the project was gagged by......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31....... under the signature of the respondent no. 4, the Assistant Registrar and Secretary to the Vice-Chancellor, Bangladesh University of Engineering & Technology, Dhaka suspending the petitioner from service. 2. Shorn of all superfluities and redundancion in the writ petition, affidavits-in-oppos..Category: Criminal Law | Date: | Hits: 74
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......ted against the accused-petitioners. After due investigation police submitted charge-sheet against the petitioners and others for offences under sections 395 and 397 of the Penal Code. Thereafter the record of the case was transmitted to the Court of Sessions Judge, Pabna which was received by him o......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29...Category: Criminal Law | Date: | Hits: 24
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