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Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... kabalas. 3. The petitioner filed an application to the District Anti-Corruption Officer and subsequently the present case was started against the respondents in which police submitted charge-sheet. 4. Defence was a plea of innocence. Further defence case was that kabala Ext. 2(c) is g..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....f Munsif, Dhaka, against the respondent for realisation of Tk. 5000/-, at the first instance, which is a part of his total claim of Tk. 1,15,000/- with reservation of his right to realise the balance of his claim of damage. During the hearing, when some witnesses were examined, and an Engin......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......hury V. The State, 28 DLR (AD) 39, that "Interference even at an initial stage may be justified", I find that "initial stage" as referred to, does not mean any stage prior to submission of the charge-sheet by the Police, but it means a stage after submission of the charge-sheet. In the said ca..Category: Criminal Law | Date: | Hits: 146
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of death to one of imprisonment for life. Further, soon before the occurrence there was no provocation from the prosecution side and there was no occasion for the appellant to show any emotional imbalance and disequilibrium. On the contrary, the evidence on record shows that the appellant in a p......signed the same. The Officer‑in‑ Charge entrusted the investigation of this case to him on the spot. This police officer investigated into the case and thereafter submitted charge‑sheet. 11. On a careful consideration of the entire evidence as narrated above, it appears ..Category: Criminal Law | Date: | Hits: 58
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......ratories at Dhaka honestly and sincerely to the best of his abilities; that due to some personal grudge against him by one Mr. SF Rubbi, the then Scientist in charge in the Council, a charge‑sheet dated 12th June, 1982 was served upon him alleging that he was not regular in his attendance,..Category: Employment/Service Law | Date: | Hits: 125
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ions 406/420/4671468/471/109 of the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......aghat Police outpost which was addressed to OC Muksudpur PS and sent there. The case was investigated partly by PW 22 and then PW 23 SI Rawshan Islam after completing investigation submitted charge‑sheet on 25.6.79 13. PW 17 Dr. Jamiruddin Ahmed, Assistant Surgeon, Faridpur Jail Hospital held..Category: Criminal Law | Date: | Hits: 38
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......anguage, summarising them as concisely as possible. Vernacular materials are translated into the language in which the judgment is written. Same is the case with the narration of FIR, charge‑sheet, (where necessary) deposition of witnesses, etc. The learned Judges are required to digest th..Category: Criminal Law | Date: | Hits: 34
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......ce after the bainapatra was executed. It is interesting, however, that he gave his address as resident of Nandalal Dutta Lane, Dhaka, at present of 7, Wiseghat, Dhaka. Be that as it may, the order sheet of the ADC (Rev.) Dhaka, in Exchange Case No. 21/77‑78 (Annexure T to the affidavitR..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....tting aside sale. Section 14 provides that "it shall be competent to any party desirous of contesting the right of the Zamindar to make the sale, whether on the ground of there having been no balance due, or on any other ground, to sue the Zamindar for the reversal of the same, and, upon es......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......the WAPDA Canal. On the above allegations the accused opposite parties were put on trial. 3. In this case four prosecution witnesses were examined and the remaining witnesses named in the charge‑sheet were not examined by the prosecution. The learned Sessions Judge acquitted the opposite partie..Category: Criminal Law | Date: | Hits: 39
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....er dated 19-12-88 dismissed the same and affirmed the order of the learned Assistant Judge holding, inter alia, that the plaintiffs have no arguable case and have no title at present and that the balance of convenience and inconvenience is in favour of the defendants. 5. Plaintiffs took ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......osecution is to produce legal evidence before the Court for bringing the offender to book. The prosecution is not, however, bound to examine all the witnesses mentioned in the FIR or, in the charge‑sheet, particularly when a cited witness is not likely to tell the truth, either because of being ga..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......(P.W.3) held post-mortem examination of the deceased and found as many as 15 incised wounds on his person, three of which were on the head. After completion of investigation Police submitted charge-sheet and eventually the respondents were put on trial in the First Court of Additional Sessions Jud..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......, 1898 (V of 1898), section 497 Bail Matter The appellant not being named in the FIR and the investigation could not be completed even after taking time on several occasions by the IO and charge sheet not yet submitted on conclusion of investigation, the appellant is entitled to remain on bail ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ...... Complex for treatment but he breathed his last there at about 5 P.M. on the same day. Shah Rezaur Rahman (P.W.1), brother-in-law of Fakir, lodged FI.R. and Police upon investigation submitted charge-sheet. 5. At the trial common charges under sections 302/34 and 148 Penal Code were framed agains..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ecovered. The information of Amir Hussain gave rise to Tongibari P.S. Case No. 7(5)85 under Section 302/149/148/147/325/307/109/201 of the Penal Code. 5. Police upon investigation submitted charge-sheet in both the cases. Tongibari P.S. case No. 6 dated 22.5.85 was registered as Sessions CaseNo.3..Category: Criminal Law | Date: | Hits: 48
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......61 was false, fraudulent and void was filed on 3.2.77. The progress of this case which culminated in the auction sale, confirmation of sale and delivery of possession appears from the following order sheet, Ext. Al(2): "15.4.59: Certificate under section 4 signed. Register and issue notice u..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. .......Respondents Judgment May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have con..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......foresaid facts. 6. Mr. T. H. Khan, learned counsel for the appellant, submitted that the learned Judges erroneously held that the appellant was tried in absentia. He pointed out from the order sheet of the trial court (copy of which was also produced before the High Court Division) that the a..Category: Criminal Law | Date: | Hits: 56
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