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Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)

....50 of 2004 discharging the rule. 2. Prosecution case, in brief, is that the respondent Nos. 1 and 2 filed the petition case bearing No. 248 of 2004 before the Chief Metropolitan Magistrate, Dhaka on 19.02.2004 under Section 145 of the Code of Criminal Procedure alleging, inter alia, that ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ..

Category: Criminal Law | Date: | Hits: 45

Bashir Mia and another Vs. State, 2009, 38 CLC (AD)

....judgment since all these three are the product of same judgment, under reference. 3. The deceased Sohel, accused Chan Miah and Bashir Miah of 53, East Hazi para under Badda Police Station of Dhaka Metropolitan Area were jointly running Thai Alumunium business for a considerable period. Th......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..

Category: Criminal Law | Date: | Hits: 41

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

....ereby the High Court Division refused to accept the apol­ogy offered by the appellants by way of filing the above review application. 2. The appellant No. 1 was the Deputy Commissioner, West DMP, Dhaka from 21.11.1996 to 09.03.98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Sta...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...

Category: Criminal Law | Date: | Hits: 51

Khurshid Alam and Others Vs. Azizur Rahman & oth­ers, 2004, 33 CLC (AD)

.... of Criminal Procedure for quashing of the proceedings out of which the above criminal revisions arose. Four Criminal Petitions of the complaint were filed before the Chief Metropolitan Magistrate, Dhaka various­ly under sections 409, 477A and 201 of the Penal Code and under section 282 of th...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......ngs as aforesaid to the Special Judge concerned for trial. 3. Leave was granted to consider the sub­missions that the accused petitioner being the Managing Director of a Private Limited Company in which the Government has no share is not a public servant and as such the Special Judge ..

Category: Criminal Law | Date: | Hits: 40

M. M. Kamruzzaman Vs. The State and another, 2007, 36 CLC (AD)

.... seeking transfer of Special Tribunal Case No. 16 of 1998 pending before the 1st Court of Additional Sessions Judge and Special Tribunal No.2, Dinajpur to a tribunal in the District of Faridpur or Dhaka or Gazipur. 2. The petitioner is an accused in Nari-O-Shishu Nirjatan Daman Case No. 16......y the High Court Division suffers from no such infirmity calling for interference.   Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ......y the High Court Division suffers from no such infirmity calling for interference.   Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ......y the High Court Division suffers from no such infirmity calling for interference.   Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)

..... 80,00,000/- was paid by pay order. For the balance amount the accused-petitioners issued a Cheque bearing No.1958151 for an amount of Tk. 3,04,00,000/- of South East Bank Ltd., Dhanmondi Branch, Dhaka. The complainant placed the cheque for encashment on 20.2.2006 but the cheque was returned wi......nbsp;              The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......nbsp;              The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......nbsp;              The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 47

Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)

....il in the writ petition and rejection of the prayer for bail in a pending Criminal Appeal No. 3990 of 2007 filed against the judgment and order dated June 21, 2007 of the Court of Special Judge No.1, Dhaka in Special Case No. 1 of 2007 (arising out of Kafrul P.S. Case No.15 dated March 6, 2007 corre......ondent No.1 in the Appeal and the petitioner in the Petition was put on trial to answer the charge under section 26(2) of the Anti Corruption Commission Act, 2004 and Rule 15 Gha (5) of the Emergency Power Rules, 2007 read with section 109 of the Penal Code and also the charge framed under section 2......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...

Category: Criminal Law | Date: | Hits: 51

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... dated 16.2.2000 passed by the learned Special Tribunal Judge, Tribunal No.3, Gazipur in Special Tribunal Case No. 69 of 1998 by which the appellant was convicted under section 25(1) of the Special Power Act and sentenced to suf­fer rigorous imprisonment for a term of 7 years and to pay a fi...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..

Category: Criminal Law | Date: | Hits: 70

Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)

....ourt Division) were dis­missed from the services by order dated 25.07.1996 whereupon they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka but the plaint of the suit was returned for presentation before the proper Court by order dat......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ..

Category: Criminal Law | Date: | Hits: 49

Anowara Begum Vs. State, 2004, 33 CLC (AD)

.... The further case is that on 07.03.1992 informant was assaulted by her husband on demand of dowry. Subsequently at the interven­tion of both the parties she came back to her husband's house in Dhaka but again she was assaulted by her husband for dowry and there­after her husband left for......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ..

Category: Criminal Law | Date: | Hits: 64

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....a total 28 (twenty-eight) persons were examined by the police and their statements were recorded under Section 161 of the code of Criminal Procedure and out of which 9 (nine) person were brought to Dhaka whose statements were recorded under Section 164 of the Code of Criminal Statements were rec......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ..

Category: Criminal Law | Date: | Hits: 47

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..

Category: Criminal Law | Date: | Hits: 55

Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....of Criminal procedure for quashing of the proceedings out of which the above criminal revisions arose. Four Criminal Petitions of the complaint were filed before the Chief Metropolitan Magistrate, Dhaka various­ly under sections 409, 477A and 201 of the Penal Code and under Section 282 of th......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......ngs as aforesaid to the special Judge concerned for trial. 3. Leave was granted to consider the sub­missions that the accused petitioner being the managing Director of a Private Limited Company in which the government has no share is not a public servant and as such the special Judge ..

Category: Criminal Law | Date: | Hits: 40

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

....igh Court Division in Criminal Jail Appeal No. 2089 of 1992 dismissing the same and thereby maintaining the judgment and order dated November 12,1992 of the 4th court of Additional Sessions Judge, Dhaka and Special Tribunal No.5, Dhaka, passed in Special Tribunal Case No. 559 of 1992 (arising fr...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..

Category: Criminal Law | Date: | Hits: 41

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ..

Category: Criminal Law | Date: | Hits: 49

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

....llaneous Case No.2608 of 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No.120 of 1993 pending in the court of 3rd Additional Sessions Judge, Dhaka. 2. Short facts are that on July 9, 1992 at about 8/9 A.M. the members and supporters ......the Respondents on bail in the interest of justice, the trial court will be compe­tent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......the Respondents on bail in the interest of justice, the trial court will be compe­tent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......n July 9, 1992 at about 8/9 A.M. the members and supporters of rival unions of employees of the Titus Gas Transmission and distribution company Limited started assembling at the Second floor of the Company's Head office at 19 kawran Bazar, Apprehending trouble the Security Inspector of the Compa..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)

....dents. Criminal Appeal No. 1 of 1995. (From the judgment and order dated 16th February, 1993 passed by the High Court Division in Death Reference No. 10 of 1988 (Jessore), 13 of 1991 (Dhaka) Judgment            &nbs......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..

Category: Criminal Law | Date: | Hits: 49

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 34

Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)

....he appellant was convicted under section 385 of the Penal Code in Special Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine ......articular accused by the Special Tribunal upon consideration of the evidence on record and if no appeal could be preferred within the prescribed periodical being 30 days as provided under the Special Powers Act, 1974 and if the conviction is based on no evidence or trial court had no jurisdic­tion ......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..

Category: Criminal Law | Date: | Hits: 47

Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)

....lse representation that he was the owner of a piece of land situated at S. A. plot No. 774 of Khatian No. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execu......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..

Category: Criminal Law | Date: | Hits: 45