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Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ...... the result of the two Writ Petitions already described. 12. We consider the Writ Petition No. 1661/89 first. Mrs. Shamsun Nahar Awal, the Head Mistress of Mohammadpur Girl's High School was accused of corruption, highhandedness and misdemeanour and she was put under suspension by the Speci..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......lip;………….Respondents Judgment August 23, 1992. Result: All the appeals are allowed. Manner of recording confession of an accused Sub-section 164 (3) speaks of the manner as to how a confession of an accused is to be ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......n that the said complaint has been instituted by Bangladesh Bank itself. From a reading of the said complaint (Annexure-D) it is seen that the allegation in that complaint petition against all the 20 accused which include the detenu Mohammad Faruque, son of late Syed Ali Munshi including Mustafizur ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....e BTO to Locoshed and he falsely showed the BTO in favour of Loco Foreman, Santahar instead of Station Master, Phulbari in the Number Takers Book. 5. The definite case of the prosecution is that absconding accused Paul Khan, who was the Loco Foreman, Santahar and one Syed Ali Mondal, Fuel Clerk......coshed and he falsely showed the BTO in favour of Loco Foreman, Santahar instead of Station Master, Phulbari in the Number Takers Book. 5. The definite case of the prosecution is that absconding accused Paul Khan, who was the Loco Foreman, Santahar and one Syed Ali Mondal, Fuel Clerk of Locoshe..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....der of acquittal and set aside "the entire Order Of conviction and sentence Passed by the learned Additional Sessions Judge "(even after noticing that accused Abdul Halim and Mainuddin were absconding till then). 15. The learned Additional Attorney‑General appearing for the State ha......ice personnel and others led by ASI Harunur Rashid committed dacoity in their house being armed with rifle and other weapons. Her husband, sons and daughters woke up from sleep along with her and the accused demanded cash and ornaments, etc. and threatened them. On their refusal, the accused started..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......rmant lodged the First Information Report with the police station under sections 448/366A/109/34 read with section 4(a) of the Cruelty to Women (Deterrent Punishment) Ordinance on 1.11.89 against the accused opposite parties namely Md. Shahid and others alleging that the victim girl who is about 16 ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......lls in question the judgment of the High Court Division, Comilla Bench, passed in Criminal Appeal No. 137 of 1988 refusing bail of the appellants. 2. The prosecution case, in brief, is that the accused appellants were caught by the Law Enforcing Agencies while trying to smuggle out some cloth ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......eral submits that this was purely an executive order issued by the Acting President for which there appears to be no Gazette notification and there being also no voluntary effort from the side of the accused ‑petitioner to surrender the arms in question to the authority, the petitioner cannot clai..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... are as follows: One Rafique Ullah, maternal grandfather of girl Sumati Begum, lodged a First information Report with Maulvibazar Police Station on 3.4.1989 stating therein that few months ago accused Manik and others kidnapped his granddaughter Sumati Begum aged about 14/15 years from house..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......le arising from an order of conviction under section 323 of the Penal Code wherein the appellants were sentenced to suffer simple imprisonment for 4 (four) months and also to pay a fine. 2. The accused‑appellants were put on trial in an offence under section 323 of the Penal Code and the lea..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......stance of his father, respondent No.2 Rahmat Ali, a policeman, and her mother Ayesha Khatun, for not bringing with her the promised articles of dowry, On 19th March 1982 Meher was again beaten by the accused. P.W.1's son Mizanur Rahman who was at the house of the respondents came back and told h..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......der to see whether finding on which acquittal has been based is perverse being wanton disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accused. Case Referred to- Golam Mohammad Vs. Sharif, 21 DLR (SC) 206. Lawyers Invo..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ...... Judgment August 27, 1990. Result: The conviction of the appellants is set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 342 Omission to examine the accused under section 342 vitiates conviction if such omission prejudices the accused in leading def..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......trial of cross-cases by the same court practice and experience of over a century dictate such trial for arriving at correct determination of disputed facts. This is all the more necessary to save the accused from being prejudiced in their defence………………&helli..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....d Yasin was examined under section 342 of the Code. After hearing both sides the Trial Court fixed 30.5.83 for delivery of judgment. On that date the Court at first noted that" Accused Waziar is absconding. Judgment in not ready. To 9.6.83 for delivery of judgement". In the next sentence i...... August 20, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 137 Whether contradiction in the evidence of prosecution witnesses entitles the accused to an order of acquittal when there is his clear confession admitting his guilt Statem..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......ar Police out‑post is that on 8.10.86 he along with constable No. 769 Md. Shamsul Alam (PW 2) and others went out on patrol duty in Tan Bazar area at about 10 PM. At that time they noticed that the accused was coming from the prostitute quarters with one girl named Rebaka who was weeping. On suspi..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......al Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused are either so frivolous, absurd or insufficient that no useful purpose would be served by fr..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ...... Result: The impugned judgment and order are set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 When Appellate Division can convert an order of acquittal of the accused persons by the High Court Division agreeing with the decision of the trial court by reviewin..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......de of Criminal Procedure (Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), Section 35(d) Whether the investigation, on the basis of which the police submitted charge‑sheet against the accused respondents, is hit by sub‑section (7) of section 167 of the Code of Criminal Procedu..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...... (From the judgment and order dated 29.6.66 passed by the High Court Division, Dhaka in Criminal Appeal No.47 of 1985). Judgment Mustafa Kamal J.- This appeal by special leave by the 2 accused-appellants is from the judgment and order dated 29.6.86 passed by a Division Bench of the Hi..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
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