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Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ......he State. Criminal Appeal No. 44 of 1983 Judgment Amin-Ur-Rahman Khan J.— This appeal is directed against, the judgment and order of the Sessions Judge, Pabna convicting the five accused appellants under section 302/34 of the Penal Code and sentencing each of then to t..

Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ...... 2. It transpires from the petition that in a riot over the possession of a plot of land one Mortoba Azad, nephew of the infor­mant, being seriously injured died and the F.I.R. was lodged against accused opposite parties on 1.4.83 at about 9-45 P.M. alleging inter-alia that such riot took place ..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......ed. Code of Criminal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ......or to identify the persons said to have been involved in the commission of the offence. It is settled principle of law that if a witness deposes in Court regarding the iden­tification of the accused as the doer of the criminal act, then this piece of substantive evidence can be corroborated..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6

Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)

....rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47.   ...... lodging the F.I.R. a case was started under sections 342/324/365/367/323/326 Bangladesh Penal Code being Daulatpur P.S. Case No.35 dated 27.9.83 corresponding to G.R. Case No.1046 of 1983 against 14 accused persons. The Investi­gating Officer failed to complete the investiga­tion within 60 ..

Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 292     ...... said Section 109. So we are inclined to hold that in the present case the right to sue accrues from the actual date of knowledge of the loss of the car. In this particular case the right to sue accused as soon as the defendant No. 1 who informed the plaintiff that their last attempt has failed..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)

....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ...... as an F.I.R. Then the police investigated into the matter and submitted final report on 12.2.74 and the said final report was accepted by the Sub-divisional Magistrate, Magura on 13.3.74 and all the accused persons were discharged. Thereafter a naraji petition was filed by the complai­nant Syed..

Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3

Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)

....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......ash;These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding of Sessions Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Proce­dure. These two rules..

Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ......ged. Withdrawal of criminal Case President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government h..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......le is directed against an order of acquittal dated 13.1.83 passed by Mr. A. H. Ahmed, Assistant Sessions Judge, Naogaon, in Sessions Case No.348 of 1982. 2. A charge was framed against the three accused opposite parties U/S 324/307 of the Penal Code by the learned Assistant Sessions Judge on 2...

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4

Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)

....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38.       ......hi, leza, kachi, bomb were harvesting the paddy from the aforesaid land. Thereafter the petitioner and his men proceeded to that direction and when they reached the place they were surrounded and one accused person hurled a hand bomb upon them in consequence of which com­plainant's brother-i..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2

Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)

....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ...... pro­cess of any Court to secure the ends of justice..............(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directing retrial--This is an abuse of..

Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1

Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)

....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22     ......fe. 2. The case for the prosecution in brief is that deceased Kabir Ahmed (35), brother of informant P.W.1 Mir Ahmed used to live in village Kanchana, P.S. Satkania, District Chittagong. The two accused appellants also were resident of the said village Kanchana. The occurrence took place on 16...

Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1

Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)

....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......;…………………………State Judgment September 8, 1983. Result: The appeal is allowed. Confessional statement of an accused can not be sole base for conviction Confession of a co-accused is no evidence and that ..

Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9

Maqsood Alam Vs. KMJ Akbar, Com­modore & others, 1983, 12 CLC (HCD)

....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......f Metropolitan Magistrate, Dhaka which was moved on 6.3.1981. On receipt of the petition of complaint Criminal Case No. 98/A-1/81/485/ 81 u/s.193/207/448/403 of the Penal Code was started against the accused petitioner Moqsood Alam. The learned Magistrate, issued summons on the accused petitioner on..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)

....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277.         ......ef, is that on 13-11-70 at about 9 A.M. the complaintent's labourers including deceased Rahim Sheikh and deceased Mona Korati were cutting paddy from the land of the complainant. At that time the accused appellants along with others came armed with Fala, lathi and other weapons and seeing this t..

Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2

The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)

....der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95.     ......lip;……………Contemner Judgment March 9, 1983. Result: The Rule is disposed of. Contempt of Court- The contemner cancelled the bail of one accused Ayub Ali knowing that he was granted bail by the Sess­ions Judge earlier. Although the p..

Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2

Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)

....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......ported by any independent witnesses and cannot be believed. Fabricated False Evidence and False Statement of Murder The Prosecution failed to prove the allegation of murder by any of the accused. On the other hand it was proved that the accused-appellants have been falsely implicated wi..

Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......i Bank……….(6) Whether there arises violation of the Shops and Establishments Rules, particularly Rules 10,12,13,14, and 15 of 1970 which moved up cause of action against the accused-respondent. If an Inspector visits a shop or establishment and asks for the particular..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ...... respondent's acts con­stituting glaring violation of our order. It may be borne in mind that though a contempt proceeding is quasi-criminal in nature, the respondent-contemner is not like an accused in a criminal case since he may file affidavit or make statement on oath in refutation of th..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132