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Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)

....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......eturn their home when they reached far from his house about 300 yards at that time some miscreants mentioned in the F.I.R. attacked the victim due to previous grudge and enmity and the F.I.R. named accused and other unknown persons assaulted the victim with deadly weapons and due to such bleedin..

Category: Criminal Law | Date: | Hits: 31

State Vs. Nurul Amin, 2006, 35 CLC (AD)

....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......ected at the instance of the State against the judgment and order dated 17-11-2000 passed by a Single Bench of the High Court Division allowing Criminal Appeal No.1495 of 1994, thereby acquitting the accused respondent of the charge under section 409 of the Penal Code read with section 5(2) of Pre­..

Category: Anti-Corruption Laws | Date: | Hits: 173

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

....pellant Atiqulla died on 13-5-1971 in the Mitford Hospital, Dacca and his appeal accordingly abated. But the accused appel­lant Khalilur Rahman escaped from the jail custody on 17-12-1971 and he was absconding. In this back­ground of the case a Division Bench of the High Court, Dacca denied any re......he High Court Division, or, in other words, the writ petition was incompetent one. 3. The sum total of the contention of the appellants, as it appears to me, is that the writ peti­tioner being an accused of alleged cognizable offence having of his own had not appeared before the Court and obtain..

Category: Anti-Corruption Laws | Date: | Hits: 139

Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)

....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 898. ......n­tence that death sentence be commuted to imprisonment for life. 2. The prosecution case, in brief, is that one Abul Hossain (deceased) father of the informant was assailed by 25 named accused including the petitioners being equipped with sharp and blunt weapons while he was taking t..

Category: Criminal Law | Date: | Hits: 22

Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)

.... the High Court Division are liable to be set aside. 9. Learned Advocate lastly contended that the learned Judges of the High Court Division failed to appreciate that the respondent No. 1 remained absconding for more than nine years continuously from 23-11-1979 to 11-05-1988 and he was not entit......round of above discus­sion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..

Category: Employment/Service Law | Date: | Hits: 87

Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)

.... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ......at. 2. The short fact leading to this appeal is that complainant Syed Zahid Hossain, Advocate field Complaint Case No.301 of 1995 under section 466/468 and 471 of the Penal Code against the accused-appellants before the Magistrate, First Class, Bagerhat alleging that the appellant filed v..

Category: Criminal Law | Date: | Hits: 45

Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)

....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......arned Advocate for the petitioners submits that in the F.I.R. the police depicted the present petitioners as victim and it is alleged that they were used for the purpose of prostitution by the two accused. The petitioners claim that they are in no way connected with the allegation made in the FI..

Category: Criminal Law | Date: | Hits: 41

Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)

....nd as such there is no cogent reason to inter­fere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......he trial court framed charge under sec­tion 302/201/34 of the Penal Code. 4. The defence plea is one of innocence. 5. The prosecution has examined as many as 12 witnesses and the accused persons were also examined under section 342 of the Code of Criminal Procedure and they ple..

Category: Criminal Law | Date: | Hits: 47

Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)

....t 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: V ADC (2008) 716. ...... in the locker but the money was stolen from the said locker. He lodged F.I.R. with Motijheel Police Station being P.S. Case No. 87 dated 20.04.2005 under section 420/406/408 of the Penal Code. The accused petitioners surrendered voluntarily before the Court and obtained anticipatory bail. There..

Category: Criminal Law | Date: | Hits: 49

Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)

....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......n Death Reference N6.41 of 2000.) Judgment                Md. Joynul Abedin J. - The petitioner i.e. the condemned accused Md. Dulal Mia by filing a petition dated 21.3.2004 from Jail seeks leave to appeal against ..

Category: Criminal Law | Date: | Hits: 51

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

....of the High Court Division. Accordingly, both the Jail Petition and Criminal   Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......informant, that con­demned-prisoner Bokkor was the husband of Rangila, the victim. About one year prior to the occurrence Rangila was given marriage to Bokkor. At the time of mar­riage, the accused was given a dowry of Tk. 10,000/-. After the marriage, he demanded a further dowry of Tk.1..

Category: Criminal Law | Date: | Hits: 32

ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)

.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......o submit a complete statement of her property and sources of her income does not offend her right guaranteed under Article 35(4) of the Constitution as the notice did not suggest that she was made an accused in any criminal case or compelled to give evidence against her.………(41 and 42) Cases..

Category: Anti-Corruption Laws | Date: | Hits: 144

Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)

.... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ......ars that by the impugned order the 3rd Judge has not disposed of the case rather kept the case pending and allowed the matter to be agitated before this Division. Death reference is pending and the accused is in condemn cell. The 3rd Judge ought to have decided the case finally instead of entert..

Category: Criminal Law | Date: | Hits: 52

Shahar Ali and others Vs. State, 2008, 37 CLC (AD)

....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......half of the petitioners has referred to relevant observations of the High Court Division and also of the trial court and submitted that both the courts below relied on the confessional statement of accused Shamsuddin which is false and not true and as such the courts below committed illegality in..

Category: Civil Law | Date: | Hits: 87

Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)

....arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......sional Special Judge, Chittagong in Special Case No.29 of 1994 and 7 of 1996 arising out of G.R. Case Nos.36 and 35 of 1992 corresponding to Khagrachari P.S. Case Nos.5(8)92 and 4(8)92 convicting the accused petitioner under sections 409/468/109 of the Penal Code and section 5(2) of the Prevention o..

Category: Anti-Corruption Laws | Date: | Hits: 117

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......FIR and charge sheet that the petitioner has concealed the facts about his wealth and provided incorrect information in the wealth statement with the help of his wife and daughters and they have been accused of only abetting the petitioner under Section 109 of the Penal Code in commission of the abo..

Category: Civil Law | Date: | Hits: 125

Kamrul Islam Vs. State, 2008, 37 CLC (AD)

....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......2004 dismissing the appeal and thereby affirming the judgment and order dated 24-04-2004 passed by the 5th Special Tribunal Judge, Mymensingh in Special Tribunal Case No. 44 of 2002 convicting the accused petitioner under Sections 19A and (f) of the Arms Act and sentencing him to suffer rigorous..

Category: Criminal Law | Date: | Hits: 37

Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)

.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......quiry into the matter and submitted a report stating that at the instance of one Bagres Khan, Magura Police Station Case No. 12 dated 24.01.1972 was started over the selfsame occurrence against 20 accused persons including petitioner No.1 and another Sayed Abul Kashem (not a party to the complai..

Category: Criminal Law | Date: | Hits: 35

Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)

....bsp;. . . . . .    . . . . . . . . .       . . . . . . . . On perusal of the aforesaid provision of law it appears that in case of trial of an absconding accused no doubt it is necessary to publish a direction for his appearance before the c......of the High Court Division discharging the rule. 2. The facts revealed in the leave petition, in short, are that Sub-inspector Nasir Ahmed attached to Mirpur Police Station during 1996 took accused petitioner on remand in connection with Mirpur P.S. Case No.6 dated 15.08.1996 under Sectio..

Category: Criminal Law | Date: | Hits: 24

Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)

....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......tly stated facts are that the respondent No.5, Md. Abul Hossain alias Md. Hossain Mia as the informant lodged a First Information Report with the Nabinagar Police Station on 26-02-2002 against the accused-petitioner and 59 others alleging, inter alia, that on 26-02-2002 due to previous enmity th..

Category: Criminal Law | Date: | Hits: 31