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Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of an order passed by the Tribunal pending hearing of the appeal is ancillary to the power conferred upon it by section 18 of the West Pakistan..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......pon the opposite parties asking them to show cause why the detenu Hussain Muhammad Ershad should not be brought before that Division to be dealt with in accordance with law and at the same time on hearing the learned Advocate of both the sides granted ad interim bail for one month or till dispos..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....on while discharging the Rule has observed that “the officer of the Bureau of Anti- Corruption has the power to order and summon under sections 94 and 160 Cr.P.C. for the purpose of making a preliminary enquiry” and that the person who has been served with the notice under sections 9...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ...... “Member Mostafizur Rahman ke hedayet, Abullah abong GiasUddin Hazi maria feliache Khirodiya teraster mathai.” The prosecution then examined one Tajul Islam and PW 5 who deposed that on hearing news of the murder of deceased Mustafizur Rahman on the aforesaid date and time he went to ..Category: Criminal Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......ew over telephone on 14th May, 1989 about the incident and he came to Barisal on 15th May, 1989 and found his brothers in the Surgical Ward and then went to his house in village Darakhana and after hearing about the incident from his brothers wife (PW 11) and from his nephew (PW 12) and others lo..Category: Criminal Law | Date: | Hits: 76
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ...... record was sent to the learned Sessions Judge, Habigonj and registered as Sessions Case No. 17 of 1994. Thereafter, it was transferred to the Court of learned Additional Sessions Judge, Habigonj for hearing and disposal. At the time of trial the charge was framed under sections 302/201/34 of the Pe..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ...... security of public peace to cancel his licence and that the petitioner will not suffer any irreparable loss if he does not possess any licence of fire arms. 6. The High Court Division upon hearing the parties made the Rule absolute. Hence this leave-petition. 7. Mr. Abdur Razzaque ..Category: Criminal Law | Date: | Hits: 42
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......for misappropriating the money of the Company. The appellant filed an application under section 561A of the Code of Criminal Procedure for quashing the proceeding. 4. The High Court Division upon hearing the rule held that: "From the allegations, we find clear breach of trust having been ..Category: Criminal Law | Date: | Hits: 50
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......being this case cognizance must be taken under above sections along with under Special Powers Act. Lower Court record is detained for taking cognizance under Special Powers Act". 3. After hearing the learned Counsel on both sides we find that this case is fully covered by our decision ..Category: Criminal Law | Date: | Hits: 33
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......r of a criminal case are provided in chapter XLIV of the Code. In this chapter the power and reasons for transfer are given and the order for transfer a case is made by the appropriate authority on hearing both the parties. I do not find any provisions in Regulation 1 which vests the President to ..Category: Criminal Law | Date: | Hits: 294
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......y various articles from the house worth Tk. 11,370/00. The complainant and the other inmates recognised six of the dacoits but other 12/15 dacoits could not be recognised. It was further alleged that hearing the gun shots, the villagers came and heard about the occurrence. The police started investi..Category: Criminal Law | Date: | Hits: 48
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ns Judge was not empowered under the Special Powers Act to take cognizance of the offence suo moto or upon receipt of a complaint other than a Police report by a competent officer or in the course of hearing of a revisional application. Lawyers Involved: Abdul Wadud Khandker, Advocate with Habi..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ...... to be allowed and the judgment of the High Court to be set aside, I feel it necessary to write a few words, because I do not agree with some of his reasons. 34. One of the questions raised at the hearing of the appeals is whether the Special Tribunals constituted under Section 26 of the Special ..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......ht the police of Bogra Kotwali Police Station caught accused Shafiul Alam (who is not before us in this appeal) with a shallow tube‑well machine which he was carrying on his rickshaw van. On hearing the news on the following day P.W. 1 went to the Police Station and identified the machine ..Category: Criminal Law | Date: | Hits: 44
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......hgar and Kashem tied him with a saree; that the dacoits also tied Jamila Khatoon, wife of P.W. 1 with cloth; that all the dacoits had torchlights in their hands, After the departure of the dacoits hearing their hue and cry, the villagers came to the house and saw the occurrence and heard the com..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ba parosporer baktobbe temon kono asangoti dekha jay na.” The trial Judge further convicted the 6 other accused persons as from the evidence of P.W. 8 Shamsuf Rahman, he found that hearing the sound of gun fire while going to the place of occurrence this witness saw the 6(six) ac..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......olving more or less same set of persons) the two cases which arise in the process should be heard and disposed of simultaneously by the same Judge keeping Judgment of one case pending until the hearing of the second case is concluded." 8. In that case the ac..Category: Criminal Law | Date: | Hits: 40
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ...... Even if it were made the Court was required to consider if the goods were in the custody of the court for the purpose of making an order in favour of the claimant. Mr. Korban Ali in course of the hearing of the appeal made a prayer that since the appellant and others were acquitted of the charg..Category: Criminal Law | Date: | Hits: 62
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......6 March, 1986 a Division Bench of the High Court Division made the Rule absolute in the aforesaid revision case and remanded the appeal to the court of the Additional Sessions Judge for &‑hearing and disposal of the same on merit. 5. The High Court Division took the view that se..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ...... when and what kind of prejudicial activities he 'resumed' after his return to Bangladesh. There is no material as to the detenu's maintaining a 'Special Army'. It was only on the second day of the hearing of the matter before the High Court Division on 27th February, 1992 the respondents by fil..Category: Criminal Law | Date: | Hits: 88
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