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Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....of suicide.” 12. It is needless to state that prosecution case cannot be proved by conjectures, surmises and far less from the denied suggestions given by the defence lawyer in a criminal case. The prosecution case is to be proved against accused appellant beyond reasonable......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ......ut convicted accused appellant Noor Mohammad under section 304 Part 1 and section 201 of the Penal Code and sentenced him as aforesaid only under section 304 Part 1 of the Penal Code and thereafter this accused appellant has preferred this appeal. 7. Mr. M. Fazlul Karim the learned Ad..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......ced the informant Yeakub Kazi to part with Tk. 35,000/- on the false pretext of sending him abroad and as such an offence of cheating under section 420 Penal Code was established beyond all reasonable doubt. He, however, found that the offence under section 406 Penal Code was not satisfact..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......d induced the informant Yeakub Kazi to part with Tk. 35,000/- on the false pretext of sending him abroad and as such an offence of cheating under section 420 Penal Code was established beyond all reasonable doubt. He, however, found that the offence under section 406 Penal Code was not satisfact..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ...... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......telligence and Investigation Officer, Chittagong lodged an F.I.R. at P.S. Patiya alleging in short that on receipt of secret information he along with 17 other Officers of the Customs Department reached Tanga Bridge at about 21-30 hours on 17.11.83 and found that a launch was coming from Anwara..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
.... matter of commission of murder of Sattar and unless such act on the part of the appellants is stated and proved the charge under section 34 does not lie. Section 34 provides very plainly that when a criminal act is done by several persons in furtherance of the common intention of all each of such p......minal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahman Khan J.— By a judgment and order dated 8.9.1983 passed in Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Court, Mymensingh convicted the two appellants under sections 302/34 of the Penal Code and sentenced them to ......the midnight while the informant with his mother and wife were sleeping in the western bhiti hut he woke up by the sound of footsteps of several people and immediately got out of the hut and then by breaking the bamboo wall of the kitchen fled away and remained in hiding in the bamboo clumps near hi..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
.......Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of the opinion that......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......that he held enquiry g and found that the opposite parties were in if peaceful possession of the disputed huts and that the alleged occurrence was absolutely false. The petitioner filed Naraji and thereafter the Subdivisional Magistrate directed Mr. S. A. Chowdhury, Magistrate, to hold a judicial in..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......paddy was grown by him. The Police investigated into the case and submitted final report. The Sub-Divisional Magistrate accepted the final report and discharged the accused persons on 2.2.82. Thereafter the complainant petitioner filed a complaint before the Sub-Divisional Magistrate, Sadar (No..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......by 45 days in view of the fact that the impugned judgment and order was pronounced on 13.5.84 and that the application for its certified copy was filed on 4.6.84 and certified copy was made ready on 10.6.84 on which date the complainant also obtained it but filed the appeal in this Court o..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
.... dated 26.12.82 passed by the Metropolitan Magistrate the complainant opposite party Razia Begum preferred Criminal Motion No.9/83 in the Court of Sessions, Chittagong U/S. 439A Cr.P.C. The aforesaid criminal motion was transferred by the learned Sessions Judge for disposal to Mr. Alauddin Sarder, A......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......everal times. After holding a Judicial inquiry after examining some witnesses warrants of arrest were issued against accused petitioners on 11.8.80 u/ss. 365/344/3 54/384/114/34 of the Penal Code. Thereafter the accused petitioners surrendered before the Metropolitan Magistrate who enlarged the..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....y the learned District and Sessions Judge, Rangpur upon a complaint dated 28.12.83 lodged by the said Munsif-Magistrate:— 1. That on 6-12-83 while the said Munsif-Magistrate was conducting criminal cases sitting in Court the U.N.O. Abdul Karim Sarker, Chilmari Upzilla, Kurigram sat by his......question of examining witnesses does not arise at all. The witnesses that the contemner wants to examine are very much under his thumb. They are his direct subordinates or persons on whom he wields immense influence by virtue of his continuing position as the Chief Executive of the Upazilla. We do n......ate wrote a letter to the learned District and Sessions Judge, Rangpur which infuriated the U.N.O. and as a result he has been putting all kinds of pressures upon the said Munsif-Magistrate and creating various difficulties for him. 2. During the pendency of the above contempt Rule, the le..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......risoner cried out that she murdered her husband Abdur Rashid and her son Abdur Rashid came out with injury and told them that his wife the condemned prisoner murdered him. Local Doctor came and treated him. Abdur Rashid was sent to Rangpur Medical College Hospital where he died on Friday. ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......efore Magistrates. The said statements of P.W.3 have not been challenged at all in cross-examination. There is no evidence that the said confessions were not voluntary or that they were obtained by threat, coercion or inducement. On the basis of the said confessional statements appellants Emran Ali,..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ......g in exercise of his power under section 167(6) Cr.P.C. extended the period of further investigation upto 28.8.83 by passing an order on 26.7.83 in Criminal Misc. Case No.619 of 1983 (permission). Thereafter on 25.8.83 the learned Sessions Judge on the prayer or Mr. Md. Hossain Ahmed Khan, Inspector..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......white tetron full shirt entered into their hut, 2 other persons fastened her mouth and took her outside the hut and bond her with a tree. Then she heard a sound from their hut. A little later the miscreants went out of the house. Informant Zaheda Begum was unfastened by one of the miscreants. She ru..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
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 ......;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 ......lso got dying statements of Shantu recorded in presence of the witnesses. Shantu was removed to Pabna Hospital and from there he was removed to Rajshahi Medical College Hospital. After arranging his treatment the informant lodged F.I.R. in the afternoon of the same day. In Rajshahi Medical College H..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ....... 16 of 1972). A company which has been incorporated as a limited company under the provisions of the Company Act in the territory now comprising Bangladesh, it can be declared and treated as abandoned property. Moreover, the Directors of Gannysons Limited have always been in Bang..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....r section 526 of the Code in the High Court Division, one should move the Sessions Judge under Section 5268 of the Code provided his prayer for transferring case is from one Criminal Court to another criminal Court of the same Sessions Division. 8. Admittedly the petitioner did not move the lea...... 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. ......ecords of the C.R. Case No.568 of 1983 from the Court of the Sub-divisional Magistrate, Sunamganj. It is alleged that the learned trial Judge did not pass any order upon the said application. Thereafter, the petitioner on 14.3.84 filed another application praying disposal of his applicatio..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......because a negative declaration has been sought that can not be any ground to hold that the suit does not come within the ambit of section 42 of the Specific Relief Act. The said section does not really bar a negative declaration as such if otherwise its condition and terms are fulfilled as it h..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
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. ......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. ......n examined five witnesses including two police witnesses and tendered witnesses for cross-examination. The learned Ex-Officio Sessions Judge convicted and sentenced accused appellant as aforesaid. Thereafter this appeal has been preferred. Mr. Siddique Ahmed Chowdhury, the learned Advocate for ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....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 by his evidence of test id......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. ......(mentioned it details in the F.I.R) including a pair of ear-rings, one gold ring, 3 wrist watches, harmonium, cash money of Tk. 1100/- clothings etc. worth in all more than Tk. 12,000/-. Thereafter the robbers left the residence of the doctor along with those goods and the doctor imme..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
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