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M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....e said Society was formed in 1977 to solve the residential problems of its members having about 8000 members presently who are all beneficiary members. The accused persons are fraud, cheat and commit criminal breach of trust of entrustment of the property. While the accused persons were discharging ......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......iety was formed in 1977 to solve the residential problems of its members having about 8000 members presently who are all beneficiary members. The accused persons are fraud, cheat and commit criminal breach of trust of entrustment of the property. While the accused persons were discharging their func..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....r of the Parliament from the local area, the accused-petitioner Alhaj Salauddin Ahmed might have only recommended for such allotment, but he was never entrusted with the property. So, the question of criminal breach of trust does not arise at all so far he is concerned. According to his submissions,......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......er Member of the Parliament. Those relief corrugated tins were found affixed on the roof of the accused petitioner's house and those were brought down with the road with the help of the labour and thereafter seized therefrom in presence of the local witnesses. The accused-petitioner procured those r..Category: Criminal Law | Date: | Hits: 61
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......of the NI Act. 3. Upon receiving the complaint petition the Chief Metropolitan Magistrate, Dhaka took cognizance of the case on 3-6-2007, against the petitioner under section 138 of the NI Act. Thereafter the accused petitioner surrendered on 19-12-2007 before the learned Metropolitan Magistrate,..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....puty Attorney-General with SM Shahjahan Kabir Assistant Attorney-General - For the State Respondent. Criminal Appeal Nos. 3698, 3282 and 3604 of 2001. Judgment Siddiqur Rahman Mlah J.- These criminal appeals being No.3698 of 2001 at the instance of accused Khalil @ Md. Khalilur Rahman; Crim......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......rd of the godown; that on the following day at about 8-00 AM the informant came to know from Jharudar Ekram that 10/12 unknown persons committed dacoity at Food godown at about 1-00 at Night; that thereafter the informant went to the said godown and found that the door of the godown No.3 was broken ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ed accused and till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence, the question of punishing the accused does not arise. 22. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always r......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......s per seizure list, prepared sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and thereafter submitted charge sheet against the accused being No.182 dated 12-8-1992 under sections 364/3..Category: Criminal Law | Date: | Hits: 66
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......t following 16‑1‑2003 at 1.00 hours the accused persons armed with various deadly weapons like cut rifle, pistol, ramdao, knives, hand bombs, trespassed into their north bithi dwelling house by breaking the door and beat the informant and witness Nos. 2‑3, Nasima Nasrin and Sultana Razia and ..Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......olice Station (Sylhet) stating that on 2‑9‑2003 at about 14 hours he got a secret information that from Sylhet Airport a private car being No. Sylhet Ka‑5200 was going to Upashahar residential area with some persons and with huge amount of Hundi Taka. The news was registered in Detective Branc..Category: Criminal Law | Date: | Hits: 70
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
....Tareq Shamsul Khan alias Himu only moved as application under section 344 of the Code of Criminal Procedure before the teamed trial Court, but other accusedÂ-petitioners in joint petition moved this criminal revision which proves their joint ill motive to stay the proceedings in Druta Bichar Tribun...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......ise out of same cause of action and the parties are almost same inasmuch as alamats of the cases are common, in such circumstances it is convenient to dispose of all these three cases simultaneously treating the same as counter-cases. He lastly submits that if the present case be tried separately, t..Category: Criminal Law | Date: | Hits: 71
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......ences of the earlier trial were in the record, Court below could have closed the evidence, examined the accused under section 342 CrPC, if necessary, and delivered judgment on the basis of evidence already on record. But under no circumstances the trial Court was legally and procedurally correct in ..Category: Procedural Law | Date: | Hits: 73
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......under the same Police Station. The gun was kept hidden in the bamboo clump of one Krishna Master. Accordingly, the informant along with other police personnel rushed towards the said bamboo clump. Thereafter, in presence of the witnesses they recovered the alleged gun at the showing of the accused. ..Category: Criminal Law | Date: | Hits: 65
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....dgment and order on 29.8.2002 convicting and sentencing him as aforesaid, while acquitted all other co-accused as the prosecution case was not proved against them. The appellant preferred the instant criminal appeal against the said judgment and order of conviction and sentence, and subsequently obt...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ndment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to s..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......f investigation the police arrested the appellant and he made statement under section 164 of the Code of Criminal Procedure before the Magistrate of first class, Jhenaidah. 4. The case after being ready for trial, was sent to the Sessions Judge, Jhenaidah, wherein it was registered as Session Cas..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....¦¤ হইয়াছে। 5. Challenging the said judgment and order dated 8.4.1993 passed by the Additional Sessions Judge, Habiganj the first party-petitioner moved in this Court with the instant criminal revision under section 561A of the Code and obtained the Rule with an ad-interim order of s......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......amat Ali died leaving behind his son Idris Ali (father of the petitioner) and daughter Jhalak Chand Bibi, who died living behind her son Zahiruddin and two daughters, Kalom Chand and Parijan Bibi. Thereafter the said Idris Ali died living behind his widow Hasena Banu, daughter Rupchand Bibi and six ..Category: Property Law | Date: | Hits: 53
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....Judges of the Division Bench only differed with regard to his conviction under section 148 of the Pakistan Penal Code. 18. In Granade Venkata Ratnam Vs. The Corporation of Calcutta 22 CWN 745 in a criminal revision the two learned Judges of the Division Bench were of the opinion that the facts as......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......ase relating to the six accused in respect of whom there was a difference of opinion which was referred to the third Judge. However, the Supreme Court held that the order of the third Judge has to be read along with the earlier order of the two other Judges. 16. In State of Andra Pradesh Vs. P.T...Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: .......1) on 28th March, 1992 at about 1 am. It is alleged that the dacoits fastened the informant, assaulted her husband with sharp cutting weapon and looted away cash and valuables. At the time of the retreat of the dacoits the villagers apprehended one dacoit namely Anu Mia and on the basis of his conf..Category: Criminal Law | Date: | Hits: 100
Monir Hossain Vs. State, 2012, 41 CLC (AD)
....er under sections 302/109 of the Penal Code, and sentenced the petitioner and six others to death and another to life with fine. 4. The High Court Division heard the death reference along with the criminal appeal preferred by the convicts analogously and by the impugned judgment accepted the deat...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......the petitioner along with others gheraoed Kabul at the place of occurrence and then Asgar inflicted a chapati blow on the top of the head of the victim which emerged the brain from cranial cavity. Thereafter, the petitioner inflicted chapati blow on the right side of the head just above the right ea..Category: Criminal Law | Date: | Hits: 95
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....ecord in failing to consider that the accused-respondent has admitted the misappropriation of the money and deposited the misappropriated amount and in that view of the matter, he can not escape from criminal liability. It is further contended that the accused-respondent was admittedly entrusted wit......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......t the instance of the state is for leave to appeal from the judgment and order of acquittal of the accused respondent passed by the High Court Division of a charge under section 409 of the Penal Code read with section 5(2) of Act II of 1947. 2. Facts relevant for the disposal of this petition are..Category: Criminal Law | Date: | Hits: 77
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....on. 12. To substantiate a charge punishable under section 409 of the Penal Code, the prosecution is required to prove that the property was entrusted with the accused. When section 405 defines ‘criminal breach of trust’ speaks of a person being in any manner entrusted with the property, it d......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......y are disposed of analogously by this judgment. Respondents have faced trial before the Divisional Special Judge, Rajshahi Division, Rajshahi, to face charges under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 for misappropriation of Tk.2, 12,86..Category: Criminal Law | Date: | Hits: 85
....Appeal No.349 of 2010.
(From the Judgment and Order dated 16-05-2010 passed by the High Court Division in Criminal Miscellaneous Case No.8044 of 2007).
Judgment
Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 16-05-2O10 pa...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......cordingly, the inquiry report was submitted before the learned Magistrate, First Class, Cognizance Court No.4, Chittagong on 1-1-2005 with the finding that the case was a false and fabricated one. Thereafter, the next date was fixed on 10-5-2005. But on that date the complainant was not found presen..
Category: Criminal Law | Date: | Hits: 85
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....ke departmental action against the respondent No.3 for creating and taking benefit of manufactured letter dated 2-8-1999 leaving open for the petitioner to prosecute the responÂdent No.3 and 4 under criminal law. D. The respondent No.1 and 2 may be directed to pay off the entire outstanding sala......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ...... have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitioners to hand over charge of the Project Director of Rural Women Employment Creation Project, under the Ministry of Women and Children Affairs, People's Republic of Bangladesh t..Category: Employment/Service Law | Date: | Hits: 119
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