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Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....­uty Attorney General showing that the absconsion of an accused has been held to be corroboration to the confessional statement of another accused so" as to base thereon conviction of the absconding accused. 10. In addition to these three circumst­ances, both the High Court D......spondent Judgment March 12, 1984. A murderer will not certainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of independent corroborat..

Category: Criminal Law | Date: | Hits: 63

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ......e aforesaid case was started under section 6 of the Drug Ordinance read with under section 156 (89) Customs Act and section 16 Special Powers Act and sections 275/420 of the Penal Code against the accused. Some drugs and medi­cines were seized from the shop of the petitio­ner. Police fil..

Category: Criminal Law | Date: | Hits: 59

Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)

....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......n prefer the evidence of the eye-witness if there be no reasonable ground to disbelieve the eye-witness. Conviction in the absence of charge Although no charge was framed against the accused appellant under section 304 of the Penal Code, the trial Court convicted him along with oth..

Category: Criminal Law | Date: | Hits: 57

State Vs. Abul Kashem, 1985, 14 CLC (AD)

.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in:  37 DLR (AD) 91. ......al leave, at the instance of the State, the legality of the High Court Division's order of acquittal in revision has been called in question. The main question is whether the act and conduct of the accused persons, even if admitted, do constitute any offence, under section 79 of the Chittagong Me..

Category: Criminal Law | Date: | Hits: 39

Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)

....Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ......odifying the sentence of death passed by the Additional Sessions Judge, Jessore, in Sesions Case No. 21 of 1980 and affirming the order of conviction. The appellants along with acquitted co-accused Ali Hossain were placed on trial be­fore the Additional Sessions Judge, Jessor, on a ch..

Category: Criminal Law | Date: | Hits: 52

Akbar Ali and oth­ers Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)

....er­sons. 4.  The petitioner moved the High Court Division under Section 561A of the Code of Criminal Procedure and the High Court Division found that some of the accuseds are still absconding and cognizance of the case was yet to be taken and accordingly discharged the rule. ......spondent No. 1 filed a peti­tion of complaint which was treated as First Information Report stating, inter alia, that the occurrence took place on 18.11.1999. Accused No.1 was the hus­band, accused No.2 was the father-in-law, accused No.3 was mother-in-law, of the informant, accused No. 4..

Category: Criminal Law | Date: | Hits: 45

Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)

.... the Penal Code and thereafter, by order dated 05.03.2003 framed charge under Sections 302/34 of the penal code and by order dated 24.03.2003 appointed State defence lawyer to defend all the three absconding accuseds and held the trial in abentia. 7. During trial the prosecution examined ......rs namely Abdus Salim alias Md. Salim and two oth­ers namely Abdus Salam and Nazrul Islam alias Nazrul and in the charge sheet inves­tigating officer recommended discharge of the suspected accused Didarul Islam alias Didar on citing him as witness No. 7 in the charge sheet. 5.&nbs..

Category: Criminal Law | Date: | Hits: 35

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......ase, in short, are that the Inspector, District Anti-Corruption Bureau of Mymensingh on 12.11.1994 lodged an First Information Report with the Kotwali Police Station alleging, inter alia, that the accused Nirma Lendu Ghose Dhiraz  Ghose and with accused Md. Badruddoza, V.P. Super and Md. As..

Category: Criminal Law | Date: | Hits: 64

State Vs. Saheb Ali, 2008, 37 CLC (AD)

....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) 343. ....... The learned trial Judge has based the conviction of the con­demned prisoner on the evidence of the extra judicial confession supported by evi­dence of P.Ws. 4 and 6 and the confession of accused Abbas Ali and the production of the knife which is alleged to be the instrument used for th..

Category: Criminal Law | Date: | Hits: 45

State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)

....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......3 P.M. hearing hue and cry from the house of the deceased went there and found the dead body lying near the latrine wit bleeding injuries. Many other neighboring people assembled there to whom the accused Nazma, wife of deceased Sudhan Mia, disclosed that Sudhan Mia was murdered by unknown miscr..

Category: Criminal Law | Date: | Hits: 51

Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)

....here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......house of his eldest daughter, Suraja bhanu and the informant Hasina Khatoon, the daughter of the victim, was helping g him, Mohar Ali, the cousin of the informant, came and informed the victim that accuseds Abu Sayeed Sheikh, Khayer Sheikh, Lutfor Sheikh, Abu Bakar, Shahid Sheikh, Mottaleb Sheik..

Category: Criminal Law | Date: | Hits: 38

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

....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. ......r of conviction and sen­tence were taken together for hearing and disposal by one 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 Metrop..

Category: Criminal Law | Date: | Hits: 41

Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)

....we hold that the High Court Division erred in law in decree­ing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ne Ohid and Altaf were arrested. They made confessional statements admitting the commission of dacoity. The criminal case, being Sessions Case No. 303 of 1983, however ended in an acquittal of the accused persons by the 1st Court of Assistant Sessions Judge, Khulna by judgment and order dated 30..

Category: Employment/Service Law | Date: | Hits: 69

Hezera Khatun Vs. State, 2001, 30 CLC (AD)

....d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ...... 2. Appellant Hazera Khatun along with others were put in trial on a charge of committing murder before the Court of Sessions Judge, Sylhet, in Sessions Case no. 12 of 1994 and ultimately one of accused named Abul was convicted and others were acquitted including this appellant Hazera Khatun b..

Category: Criminal Law | Date: | Hits: 42

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... on 03.08.1999 and he made confessional statement implicating himself and appellants and Idris. Thereafter the Case was investigated further and supplementary charge sheet was submitted against 10 accused persons including the present two appellants under section 302/34 of the Penal Code. The tr..

Category: Criminal Law | Date: | Hits: 45

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

.... 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. ......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 the Companies Act against the accused petitioner alleging misappropriation of various sums of a company named M/S. Master Industr..

Category: Criminal Law | Date: | Hits: 40

Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)

....is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......ling private employer who has lost trust upon the said person. It was also submitted that in view of the judgment of the criminal court which was passed upon evidence collecting in presence of the accused the order of the Labour Court directing payment of full wages cannot be justi­fied. ..

Category: Labour and Industrial Law | Date: | Hits: 79

Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)

.... the petitioner did not disclose to any body regarding the missing of his wife and never searched for the deceased nor made any G.D. Entry to the police station. Moreover, the petitioner was found absconding after the murder of the deceased. 9. In the circumstances, the High Court Divisi......peal No. 79 of 2002 dismissing the jail appeal. 2. Short facts as placed before the High Court Division are that the deceased Hosneara sister of the informant Jamiruddin was married with the accused one year three months before the occurrence, she used to live in the house of her brothers ..

Category: Criminal Law | Date: | Hits: 50

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

....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: ......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 of 1998 of the Special Tribunal No. 2, Dinajpur..

Category: Criminal Law | Date: | Hits: 61

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

....nbsp;              The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......at the petition of complaint was filed stating, inter alia, that the complainant agreed to sell her property at Khilgaon under Ramna Police Station at a consideration of Tk. 6,80,00,000/- with the accused. At that time a sum of Tk. 80,00,000/- was paid by pay order. For the balance amount the ac..

Category: Criminal Law | Date: | Hits: 47