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Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)

....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ...... and fill up the lacuna in its case. It was incumbent on the appellate court below to decide the appeal on the basis of evidence on record. The order of remand for retrial will cause prejudice to the accused appellants. Lawyers Involved: Amirul Islam, Advocate instructed by Md. Aftab Hos..

Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under section 447 of the Penal Code and also set aside the ord..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......a passed in Criminal Appeal No. 145 of 1982 affirming the order of conviction and sentence dated 7.4.82 of the Special Judge, Dhaka Division, Dhaka passed in Special Case No. 9 of 1981 convicting the accused‑petitioner under section 161 of the Penal Code read with section 5(2) of Act II of 1947 an..

Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119

Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......Metropolitan Magistrate, Dhaka. 2. The facts relevant for disposal of the Rule may briefly be stated as follows: 3. Mr. Fakir Ashraf, Assistant Collector, Customs and Excise, Dhaka arrested accused‑ petitioner Atiqur Rahman in connection with his consignment of menthol which he imported ..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80

Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)

....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ...... Division, Dhaka in Criminal Miscellaneous Case No.318 of 1989 with Criminal Revision (Suo Motu) No.451 of 1989). Judgment Latifur Rahman J.- This appeal by special leave at the instance of accused Bakul Howlader @ Shamsul Alam is directed against the order by the High Court Division, Dhak..

Category: Criminal Law | Date: 20 May, 1990 | Hits: 100

Fazal & others Vs. State, 1990, 19 CLC (HCD)

....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......s Vs. Matiar Rahman 20 DLR page 434 & Abdus Sattar Howlader Vs. The State & Vs. Kashem Ali 15 DLR 30 cited....................... (4) It is a mandate of the Code to take statement of the accused in accordance with the provisions of law. It imposes a duty on the court to question the acc..

Category: Criminal Law | Date: 14 May, 1990 | Hits: 66

Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)

.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ......r Alam .........................Petitioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990. Result: The Rule is discharged. The accused petitioner misrepresented to get permission for sale of the house and mutation and all relev..

Category: Criminal Law | Date: 13 May, 1990 | Hits: 73

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......eoccupied with the medical treatment of the victim the delay occurred in lodging the First Information Report. It is further stated that much bad blood was created between the informant party and the accused parties because of taking lease of Char land and both parties were involved in civil and cri..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)

....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... No.17 of 1989. (From the judgment and order dated 31-5-195 passed by the High Court Division, Dhaka in Criminal Revision No.281 of 1988). Judgment MH Rahman J.- The appellants were accused in District Anti-Corruption Case No. 122 of 1987 under sections 420/467/468/471/109 of the P..

Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....ecial Tribunal, Jamalpur framed the charge against the accused persons produced in court under section 16 of said Act to which they pleaded not guilty and prayed for trial. The other two accused were absconding. 5. P.W.1 Abdur Rahman, the informant, supported the prosecution case. He stated tha......he Tangail Court. On such information the Investigating Officer went to the Ghatail PS and thereafter to the Tangail Sadar Court and took in his custody the said 4 electric motors and he arrested the accused Jamal and Abdur Rouf and after examination of the witnesses under section 161 Cr.P.C. filed ..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......9) is directed against the judgment and order of acquittal dated 29.1.89 passed by the Additional Sessions Judge and Special Tribu­nal, Gazipur, in Special Tribunal Case No.13 of 1986 acquitting the accused-respondent Nos.4 and 5 from the charge under section 366A of the Penal Code read with sectio..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......local people that Nawshed and Wahab Bapari, both sons of Md. Manik Bepari of the same village, had kidnapped his minor daughter and confined her forcibly against her will. It was apprehended that the accused persons being men of dangerous character would rape his daughter and commit other injuries a..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Ananda and others Vs. State, 1989, 18 CLC (HCD)

....rdinance in absentia and was sen­tenced to rigorous imprisonment for 4 years and also to pay a fine of Tk.1000/- with a default order. Ac­cused Prem Charan was not found guilty and acquit­ted. The absconding convicted accused having surren­dered filed this appeal before this court against the ju......ue Choudhury J.- This appeal is directed against the judgment and order passed by Mrs. N.A. Sultana, Assistant Ses­sions Judge and Special Tribunal, 1st. Court, Faridpur dated 28.6.87 convicting the accused appellant Ananda, under section 376/109 of the Penal Code read with section 4(b)(c)/9 of the..

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....rial Court on 27.12.84 after the ex­amination of some of the prosecution witnesses. As accused Hazrat Ali could not appoint any advocate, state defence was provided for him and also for two other absconding accused persons. The prosecution examined 15 witnesses including the informant and tender...... though the rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding the complicity of the accused must independently be corroborated as it is necessary in the case of using the confession of..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ...... Ministry of Home Affairs, the Deputy Commissioner Narayanganj, the Special Tribunal, Narayanganj, The Jailor, Narayanganj Jail, the Officer-in-Charge, Araihazar Police Station, District Narayanganj, accused Md. Shahidul Islam, accused Abdul Kashem, accused Samaruddin and accused-Baten to show cause..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......ul Karim with Omar Farook, Advo­cates—For the Appellant. Amirul Kabir Chowdhury, Advocate—For the State. Criminal appeal No. 76 of 1983. Judgment AM Mahmudur Rah­man J.- The accused appellant was convicted for having committed the offence of criminal breach of trust by the ..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....efore the Par­liament on the 10th November, 1986. This act has, however, been disputed by the respondent. To finish the story, charge-sheet was submitted on 3.12.86 and the detenu was shown as an absconding accused. The detenu came, back to Dhaka on the 22nd June, 1987 from London where he had b......ar­liament on the 10th November, 1986. This act has, however, been disputed by the respondent. To finish the story, charge-sheet was submitted on 3.12.86 and the detenu was shown as an absconding accused. The detenu came, back to Dhaka on the 22nd June, 1987 from London where he had been under t..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)

....appeal is, there­fore, not maintainable on this ground also. The appeal accordingly is summarily dis­missed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......mad Habibur Rahman J. - This appeal at the instance of infor­mant Firoza Begum is directed against the order dat­ed 27.4.87 passed by Mr. A.J. Mustafa, Special Tribunal No. III, Tangail discharging accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 i..

Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......J.- This appeal arises out of a judgment and order, dated 3-4-81, pas­sed by Mr. Md. Emdadul Haque, Additional Special Judge Rajshahi Division, Rajshahi, in Special Case No.13 of 1976 convicting the accused-appellant under section 409 of the Penal Code read with section 5 (2) of Act II of 1947 and ..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....ecial-Martial Law Court No.3 that the said Special Martial Law Court received the case record on 16.2.83 for trial as per Gazette Notifica­tion No.52 dated 4.8.82. The accused petitioner remained absconding till 8.11.84 on which date he surrendered before the said Special Martial Law Court. He w......r Chowdhury— For the State. Criminal Revision No. 52 of 1985. Judgment Fazle Hussain Mohammed Habibur Rah­man J.—This Rule was issued on 24.11.85 at the instance of the accused petitioner calling upon the Deputy Commissioner. Chittagong to show cause why the order date..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3