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Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....llowed to go unpunished on such technicality then real offenders would be masquerading in the society as gentlemen and crimes will go on proliferating making a sad commentary on the administration of criminal justice in the country for the failure of the police to properly record the First Informati......nformant-petitioner Md. Ali Akbar calling upon the accused opposite parties to show cause as to why judgment and order of acquittal dated 21-7-91 passed by the Additional Sessions Judge, 2nd Court, Mymensingh in Sessions Case No.144 of 1990 should not be set aside. 2. Prosecution case, in short, ......ght in the presence of the eye-witnesses who testified in support of the same a heinous crime like murder should not go unpunished. If such crime is allowed to go unpunished on such technicality then real offenders would be masquerading in the society as gentlemen and crimes will go on proliferating..Category: Criminal Law | Date: | Hits: 64
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259.......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259.......puted property under attachment in the custody of the receiver under section 146 of the Code of Criminal Procedure by order dated 21-7-69 and directed to get the matter decided by the civil Court. Thereafter, first party filed Title Suit No.286 of 1970 against the second party petitioner and got dec..Category: Criminal Law | Date: | Hits: 65
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....tten report dated 23-5-89. This conduct of the learned Advocate attempting to tamper with the record of this Court through the Assistant Bench Officer is not only a professional misconduct but also a criminal misconduct. 3. Opposite party flied an affidavit as well as a supplementary affidavit to......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......osite party on behalf of the appellant on 17-1-89 filed Criminal Appeal No.13 of 1989 which was admitted on 19-1-89. On 12-2-89 a Division Bench rejected the prayer for bail of the said appellant. Thereafter, the opposite party filed an application before the Vacation Bench presided over by a Single..Category: Criminal Law | Date: | Hits: 92
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....observations of Chief Justice Hanis was quoted with approval. “In my view possession and control means more than mere constructive or legal possession and control. Can it be said for the purpose of criminal law that a man in fact possessor or has under his control something of the existence of whi...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......o run concurrently. 2. Learned Advocate appearing for the appellant after placing the impugned judgment and other materials on recorded submitted that appellant was arrested from the Palong Thana area and the revolver and bullets were recovered from Naria Thana area and as such lodging of FIR wit..Category: Criminal Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244....... Aziz, (10) Munsurur Rahman Khan alias Reju, (11) Md. Badruzzaman alias Chand Miah, (12) Keramat Ali Talukdar, and (13) Md. Zahiruddin Akand were placed on trial before the Court of Sessions Judge, Mymensingh, in Sessions Case No.131 of 1988, Accused No.11 was tried in absentia. 2. Among them acc...... Station at 9 PM on 14-3-88 stating that her husband Selim Reza with her younger sister Joly and her son Sohag left the house for sending the two to her father’s house by a rickshaw, that when they reached at a place on the road accused Tota, Farhad, Iqbal, Saiful, Mohan, Nuru, Aziz and other 4 or..Category: Criminal Law | Date: | Hits: 74
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....e; (iii) theft; (iv) wilful misrepresentation or suppressing of facts leading to the loss of property or causing damage of the image of the Board or of the Govt; (v) involving himself in any criminal offence which may call for police investigation; (vi) sabotage or subversion. 9. It i......npur. This conduct of the petitioner was contrary to the office discipline, negligence of duty and misconduct. Under Service Regulation 32(V), Sk. Nurul Absar, Executive Engineer, Project Division, Mymensingh was appointed the enquiry officer and the petitioner was asked to submit written explanatio.......86. It was, inter alia, alleged that the petitioner who was in the overall charge of the electric line construction in collusion with M/s. Khan Prokousuli constructed some unauthorised lines in the areas of Naikan Bari and Kanchanpur. This conduct of the petitioner was contrary to the office discip..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
.... Berul Maidan. But before they had reached the place the police had taken away the dead body. The next day she identified the dead body in the morgue. In her cross examination she stated that several criminal cases were pending against her husband and that she was not aware of his involvement in any......y of the evidence which had transpired in the case, it ought to be held that there was no legal evidence on record to sustain the conviction. He pointed out that in the absence of eye‑witness and a mens rea the learned Sessions Judge seriously erred in law in passing the impugned judgment and the ......8.1.1986 being informed that a dead body had been found in the field of the village Berul, the informant Abdul Malek Mollah a cousin of the victim Motaleb, went there to find that the dead body was already taken to the morgue by the police. On 19.1.86, the informant together with Sufia Khatun, wife ..Category: Property Law | Date: | Hits: 69
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....he plaintiffs instituted Title Suit No.149 of 1972 against defendant No.1 Uma Rani Roy for rectification of the said kabala and the same was decreed ex parte; that at the instance of the plaintiffs a criminal case under section 145 Cr.P.C. was started and the land was attached. The Officer‑in‑ch......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656....... filing written objection contending, inter alia, that defendant No.1 Uma Rani Roy entered into a contract for sale of the land to defendant No.2 on 15th Mag, 1375 BS by executing a bainapatra and thereafter she executed and registered a sale deed in favour of the defendants on 22.6.72 for valuable ..Category: Property Law | Date: | Hits: 61
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....ld identify accused Kashem in the light of burning lantern. Kashem opened two rounds of fire upon him and at the same time another shot also came from the northern bank of the tank. He found that 2/3 criminals were running towards the house of his brother, Abu Bakar, which has been situated to the n......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......he room adjacent to the eastern side of the hut. Entering into his brother's hut by the light of kupi bati he saw that his brother Abu Bakar was killed by gun shot of the accused persons on his head breaking his skull. The wife of the deceased stated that out of the four accused persons entered insi..Category: Criminal Law | Date: | Hits: 71
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....llage Tengrakhall, Police Station Shyamnagar, District Satkhira, being convict No.1755/86 had been in custody for a long time without any case. The news item disclosed that he was involved in several criminal cases including a gang case and since the age of five years he was implicated in several da......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......to him that there was no order of release for him from the Court. Since he was shown as a minor boy of 12 years when he was arrested and since he was implicated in several criminal cases and for that reason he was imprisoned for such a long time, for ends of justice, this Court issued the aforesaid ..Category: Criminal Law | Date: | Hits: 97
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......ase in short is that one Badiuzzaman, Inspector, Narcotics and Liquor got secret information on 6.9.87 that some contraband medicines were on sale in the MS Drugs of Kazal Medicine Market in Mitford Area and on receipt of the information he laid a trap and as a part of the trap he sent constable Muj..Category: Criminal Law | Date: | Hits: 60
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....he money as illegal gratification when he has not given any explanation over the possession of these two signed currency notes. But suspicion however strong cannot be the basis of any conviction in a criminal case. That is the settled proposition of law. 24. Thus, after consideration of the mater......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626....... passed by the Divisional Special Judge, Dhaka Division, Dhaka on 21.6.90. The learned Divisional Special Judge found this convict‑appellant guilty of the charge under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced the appellant to suffer imprisonment for 1 (o..Category: Criminal Law | Date: | Hits: 90
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......bstance in the submission of Khandaker Mahbub Hossain that as the petitioner gave only one blow on the chest wall of the deceased prima facie proved that he had no intention to kill the deceased. Our reason being that from the eviderfce of the P.W.s it is apparent that as a sequel to an earlier occu..Category: Criminal Law | Date: | Hits: 52
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......29.12.1996 the victim Motafa went to buy Biri from the shop of witness Nur Islam. There, he met accused Md. Nurul Islam and had an altercation with him regarding the boundary of their wheat field. Thereafter, the victim made his way to his house and when he reached near his house the accused Nurul I..Category: Criminal Law | Date: | Hits: 52
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ..Category: Criminal Law | Date: | Hits: 64
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......83,927.65 which he kept in his name and other members of his family and thereby he has committed offence punishable under sections 26(2) and 27(1) of the Durnity Daman Commission Ain, 2004. The Bureau of Anti-Corruption upon investigation submitted a police report on 4th June, 2008 recommendin..Category: Criminal Law | Date: | Hits: 136
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ...... No.106 of 1986 in the Court of Munsiff, Jhalakati for declaration of title in respect of the lands in plot No.591 of S.A. Khatian No.311 and for recovery of possession. The defendant Nos. 2-5 having realised the defect filed a solenama on 8th September, 1986 admitting the plaintiff’s title of tha..Category: Property Law | Date: | Hits: 62
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
....ished under the Bangladesh Agriculture Development Corporation Ordinance, 1961. While the petitioner was posted in the Corporation godown at Bhola as Clerk‑cum‑Store Keeper he was implicated in a criminal case being PS Case No.1 dated‑ 7.10.74 under section 409 of the Penal Code for alleged mi...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......al and the Ex‑Officio Special Judge in Special Case No.8 of 1977 by his judgment and order dated 28.7.79 convicted the petitioner and the co‑accused Abul Kalam under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced them to suffer RI for 5 years and to pay a fi..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......r the State. Criminal Revision No.489 of 1992 with Criminal Revision No.1702 of 1991. Judgment AKM Sadeque J.- These two Rules arise out of 2 separate applications under section 561A read with section 435 of the Code of Criminal Procedure made by 2 separate sets of accuseds in the S..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....ged in the complainant's petition that the audit firm of the accused No.3 prematurely and unnecessarily audited the accounts of July and August, 1984 of the company of the accused Nos. 1 and 2 with a criminal intention and conspiracy in order to cause wrongful loss or professional injury to the comp......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......dged a complaint on 19.11.84 in the Court of the Chief Metropolitan Magistrate, Dhaka and started a case against the accused petitioner and two others under sections 500/501/120/109 of the Penal Code read with section 282 of the Companies Act, 1913 alleging, inter alia, that the complainant's Firm M..Category: Criminal Law | Date: | Hits: 98