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State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......id 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 beating her husband and sons. ASI Harunur Rashi..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

....als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ......als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ......ance which are available to a permanent worker of the Bank. 3. Despite his representation he has not been given such other facilities as are available to a permanent worker such as i.e. medical treatment and provident fund facilities. The 2nd party Bank increased his salary from Tk. 195.00 Tk. ..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

.... for grabbing the suit land and to cause harassment and financial loss to the defendant No.1 made attempt to enter into the land forcibly and being obstructed assaulted the defendant No.1 who started criminal case against the plaintiffs and the said cases are pending. The suit land is the only homes......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ...... suit plot, so they agreed to purchase the suit property also from the defendant No.1. Accordingly, in pursuance of a talk between them the price of the suit property was fixed at Taka 10,000/‑. Thereafter the plaintiff paid the earnest money amounting to Taka 8,000/‑ in four instalments within ..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

.... is yet pending to be heard. In the meantime the victim girl Momtaj Begum and the accused Sahabuddin surrendered before the vacation Bench along with accused No.3 and filed an application for bail in criminal Miscellaneous Case No.381/89 and the vacation Sessions Judge allowed the victim girl to rem......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. ......and is directed against an order dated 7.5.90 passed by the Sessions Judge, Kishoregonj in Criminal Miscellaneous Case No.150 of 1990 arising out of GR Case No.83(2)/89 under sections 448/366A/109/34 read with section 4(a) of the Cruelty to Women (Deterrent Punishment) Ordinance of 1984. 2. Fac..

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. ......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. ......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. ..

Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

.... appearing for the petitioner, has taken us through the application, the counter‑affidavit filed on behalf of the State, the FIR and the charge sheet, and urged several grounds for quashment of the criminal proceeding against the former President. The learned Advocate submits that during the tenur......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. ......e Code of Criminal Procedure, calling upon the Deputy Commissioner, Dhaka to show cause as to why proceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878, read with section 26 of the Special Powers Act, 1974, now pending before the Senior Special Tribunal..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....y of her parents. To none of the recent decisions referred to above Children Act, 1974 which repealed Bengal Children Act 1922 was considered. The question of the custody of a minor female child by a criminal court could be dealt with under sections 100 and 552 of the Code of Criminal Procedure. Sec...... 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. ......ently numbered GR case No.86 of 1988 of the Court of Upazila Magistrate, Moulvibazar and after recovery of victim Girl Sumati Begum, she was given in Jimma to her maternal grandfather Rafiq Ullah. Thereafter on 17.3.89 when victim girl Sumati along with her maternal grandfather Rafiq Ullah was comin..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......mpany made payment of Tk. 21,69,125.36 against the foreign currency loan against Tk. 15,29,566.60 advanced by the said Bank and also paid Tk. 11,60,024.85 towards repayment of local currency loan. Thereafter by coercive method the said Bank raised a further sum of Tk. 20,57,30,000. Even thereafter t..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

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. ...... 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. ......the High Court Division. In the present case, the offence is under Section 323 of the Penal Code which is a bail able one and the sentence is also of a short duration When the appellants were already on bail granted by the lower Appellate Court, the direction that has been given in the present..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....ority decision the husband was acquitted of the charge of killing his wife as the minimum evidence against him, that he was in the house where his wife was murdered, was lacking. It was held "In criminal cases section 106 of the Evidence Act is attracted in exceptional cases where a relevant fa......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. ......aughter was brutally killed by the accused persons. On that date PW 1 was serving at Pangsha, District Faridpur. On the following day his nephew P.W.11 Shahjahan informed him about the killing. P.W.1 reached the house of respondent No.1 at 5 PM and saw her daughter lying dead on the ground. He notic..

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. ......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. ......relevant day, 5 September 1976 the Chairman, along with a number of people including his nephew Sayeed Ali Mondal was returning home from Chatmohar Station hat by boat at about 8-30 PM. When his boat reached a place in between Gokulnagar and Mathura ghat, about 20/25 persons, variously armed with &#..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)

....h the required five members including two representatives of each of the two parties and the Chairman. The respondents had, however, contented that the case against them was a mere counter-blast to a criminal proceeding under section 144 Cr.P.C filed by them against the complainant (appellant) in re...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60.   ......erred to section 8 of the Ordinance which provides that if the decision of the Village Court is unanimous or by majority of 4 to1, then it is final. The learned Counsel has argued that appeal is the creation of statutes and when the statutes did not create any appellate forum the Cox cannot create i..

Category: Others | Date: 29 Aug, 1990 | Hits: 115

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. ......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. ......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. ..

Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76

Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)

....s. Mohd Obaidur Rahman & others .......................Accused Respondents Judgment August 21, 1990. Result: The appeal is allowed. It is a well settled principle of criminal trial that case and counter-case over the self-same occurrence are to be tried by the same ......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. ......g the accused respondents. 2. Over the same set of incident on 21.2,1989 the accused respondents alleged to have trespassed into the land of the appellant by forming an unlawful assembly and by breaking out kutcha shop house, removed the materials, looted away valuable goods of the shop and in ..

Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ...... the High Court Division, in confirming the sentence of death did not at all consider the statements of P.W.2 Taraban and other witnesses that were made in cross examination and that four years had already elapsed after the confirmation of the death sentence, but the sentence was not executed, leave..

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. ......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. ......by informant Mahibul Islam constable No. 605 at Tan Bazar 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 quarte..

Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99

Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)

....the of Commission of the offence, alleged by the prosecution. 2. Accused-respondents, 15 in number, were charge‑sheeted by the Police on the allegation that they committed offence of rioting, criminal trespass, theft and hurt, under sections 148, 447, 323, 379, etc. of the Penal Code. The ch......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. ......ad of accused No.1. They assaulted the appellant and his labourers; accused No.1 dealt a dagger blow to him and snatched away his cash and obtained his signature on a blank stamp paper obviously for creating a false document of title over the land. The hearing of the case was fixed for 1.7 June 1985..

Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

....to the accepted principles regarding appreciation of evidence causing a miscarriage of justice and whether the impugned judgment was in violation of any established principle of the administration of criminal justice. 14. The prosecution case apparently rests on the direct evidence given by PW......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. ......r of acquittal of the accused persons by the High Court Division agreeing with the decision of the trial court by reviewing the evidence on record When there is serious defect in the process of reasoning of the High Court Division in arriving at its findings and there has been manifest disrega..

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. ...... 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. ...... stated in section 35(d) of the Transitory Provision. In fact the charge‑sheet was submitted one year after the magistrate's order for further investigation. If sub‑section (7) of section 167 read with section 35(d) of the Ordinance applies to this investigation, it will be invalid and the a..

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. ...... 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. ......lied that the cattle had eaten their harvest and that it would be released after Madbars had seen to it. Appellant No.1 shouted, "Who is the Madbar, catch the cattle and cut the shalas". Thereafter appellant No.1 Abdul Hye injured deceased Abdul Aziz in the lower abdomen with a katra and a..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91