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State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ohammad Habibur Rahman J.—This Reference has been made by Mr. Md. Serajul Islam, Sessions Judge, Barguna in Sessions Case No. 84 of 1985 under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed on 20.10.1990 upon absconding accused Abdul Khalequ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......C) 89 = PLD 1969 SC 89; Dipok Kumar Sarker Vs. The State, 40 DLR (AD) 139; Pakala Narayan Swami Vs. The King Emperor (1939) 56, Indian Appeals 66 (76); Lutfunnahar Vs. The State, 27 DLR (AD) 29. Lawyers Involved: Basharatul Mowla, Advocate—For the condemned accused. AKM Shamsul ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......vision of law along with provisions of Section 364 of the Code of Criminal Procedure require to be strictly observed and followed to make the confession voluntary and true in the real sense to be fit for reliance for convicting an accused on his confession……………(7) ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ...... Rustom Ali Sikdar State Vs. Mizanul Islam @ Dablu and another 1988 BLD, page 317 Lutfun Nahar Begum Vs. The State, 27 DLR (AD), page 29, Shahoo Vs. The State of Uttar Pradesh AIR, 1966 (SC) 40. Lawyers Involved: Shawkat Ali Khan with Amjad Hossain, Fazlul Hoq Khan Farid and Md. Tomizuddi..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......lass and Upazila Magistrate, Madaripur and others to show cause why the impugned notice dated 19.12.88 (Annexure-A to the Petition) passed by the respondent No. 1 directing the petitioner to appear before him and the action of the respondent No. 2 opening the tenanted house of the petitioner by brea......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......KM Musa and others………………………….......Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant A..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ........Accused-Respondents [Criminal Appeal No.8 of 1989]. Hamida Khatun................ Complainant-Petitioner Vs. Constable Lal Mia and others.........Respondents [Criminal Petiotion for Leave to Appeal No.91 of 88] Judgment May 14, 1992. Result The appeal is all......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......Babulal Chaukhari Vs. King Empenror AIR 1938 PC 130; Ata Md. Khan Alvi PLD 1950 Lah (FB) 288; 5 DLR (FC) 161; 10 DLR (SC) 29; AIR 1954 (SC) 436; AIR 1963 (SC) 1850; 10 DLR 134; 16 DLR 349. Lawyers Involved: AW Bhuiyan Additional Attorney‑General instructed by, B Hossain, Advoc..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......rt Division, Comilla Bench, passed in Criminal Appeal No. 137 of 1988 refusing bail of the appellants. 2. The prosecution case, in brief, is that the accused appellants were caught by the Law Enforcing Agencies while trying to smuggle out some cloth of various origin across the border to India......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......cess of the appeal and in that circumstances the learned Single Judge of the High Court Division ought to have exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: Sajjadul Huq, Advocate-on-Record-For the Appellants. B Hossain, Deputy..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......Dhaka to show cause as to why proceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878, read with section 26 of the Special Powers Act, 1974, now pending before the Senior Special Tribunal Judge, Dhaka, should not be quashed. 2. At the time of issuing......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ...... 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (AD) 95, 31 DLR (AD) 69, 30 DLR (SC) 28, 35 DLR 100; Bangladesh Vs. Tan Heng Hock, 31 DLR (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19. Lawyers Involved: Kazi Shahadat Hossain with M Razaul Karim, Advocates ‑ For the Petitioner. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ...... a wife‑killing case, from its very nature, there could be no eye‑witness of the occurrence, apart from the inmates of the house who may refuse to tell the truth. The neighbours may not also come forward to depose. The prosecution is, therefore, necessarily to rely on circumstantial evidence. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ...... guilt or guilty conscience, but it lends weight to the circumstantial evidence against him. Cases Referred to- Kasiruddin Sarkar Vs. State 24 DLR 164; Siraj Vs. Crown, 9 DLR SC 177. Lawyers Involved: B Hossain, Advocate‑on ‑Record ‑ For the Appellant. Sharifuddin ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......n appeal, acquitting the two accused-respondents, who, along with another, had been convicted by the Additional Sessions Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Prosecution case arises from an incident in which Mofizuddin (deceased) Chairman ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......sregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accused. Case Referred to- Golam Mohammad Vs. Sharif, 21 DLR (SC) 206. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellant. Sirajul Huq, Senior A..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......der s. 342 Cr.P.C. or whether this defect is curable by s. 537 Cr.P.C., as held by a learned Single Judge of the High Court Division. 2. Respondent No.1, Jogesh Chandra Roy, filed a complaint before the Magistrate at Dinajpur alleging that the accused-appellants assaulted him and his MCD causi......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......ection 342 Omission to examine the accused under section 342 vitiates conviction if such omission prejudices the accused in leading defence. Section 537 of Cr. Pc cannot cure such omission. Lawyers Involved: KZ Alam, Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advo..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ...... date by the same Magistrate so that there is no conflicting decision and the parties are not prejudiced and the trying Magistrate also keeps the cases of both parties in his mind. The procedure for trial of counter-cases by the same court is founded on a sound principle of criminal trials, Tri......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......…………… (4) Cases Referred to- Shamsul Huq @ Shamsul and others Vs. The State, 38 DLR (AD) 75; Abdul Aziz Vs. the State and others, BCR 1987 (AD) 140. Lawyers Involved: AKM Harunor Rashid Chowdhury, Advocate- For the Appellant. Not represen..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......he accused to an order of acquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence be......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ...... has suffered a prolonged agony for laches of others – Hence death sentence is commuted to one of life imprisonment. Case Referred to- Sheikh Minted Vs. The State 3, BSCR 417. Lawyers Involved: MA Wahab Miah, Advocate-For the Appellant. B Hossain, Advocate-on-Reco..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ...... August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused are e......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......ccused- alibi - mere submission of some papers in support of alibi is not sufficient. The papers should be produced in evidence by witness who must face cross examination on the papers produced. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-R..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......ich gave rise to the present case. P.W.1, Abdur Rab Talukder is the elder brother of deceased Abdul Hakim. They used to live in separate houses in the same village. P.W.1 Abdur Rab Talukder was the informant in this case but he is not an eye‑witness of the occurrence. He, however, stated in his ev......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......vidence and can reverse the order of acquittal and convert the same into an order of conviction agreeing with the trial court. Case Referred to- Noora Vs. State, PLD 1973 (SC) 4691. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellant. Mainul Hosein, Advoca..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... provision in clause (d) of section 35 of the Ordinance is not intended to be mandatory. The purpose obviously is to save an investigation which had started at the time when there was no time‑limit for its conclusion. Had this provision been intended to be mandatory, the consequence for non‑comp...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... that is, it would have been provided that if the pending investigation is not completed within 90 days, further investigation shall be stopped and the accused, if in custody, shall be released. Lawyers Involved: Joynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......g him to be an Additional Sessions Judge, consequent upon the change brought in section 290 CrPC and the introduction of section 31 (4) CrPC. He shall not be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......ring appeals, revisions, references and reviews if they are made over or transferred to him by the Sessions Judge. Case Referred to- Nurul Huda Vs. Bahar Uddin & ors, 41 DLR 395. Lawyers Involved: Khandakar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ...... be recorded in deciding the question of Contempt of Court in the absence of denial of allegations There being no specific denial of the incident as alleged by the respondents in their petition for issuing a Rule for contempt of Court the learned Judges of the High Court Division correctly fou......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......p a proceeding for contempt. Case Referred to- Sukhdev Singh Vs. Hon'ble CJ S Teja Singh and the Hon'ble Judges of the Pepsu High Court at Patiala, AIR 1954 Supreme Court 186. Lawyers Involved: MG Bhuiyan, Advocate-on-Record - For the Appellants. Mahbubey Alam, Advo..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......he appeal only to give an opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesses in the charge shee......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ...... its case. It was incumbent on the appellate court below to decide the appeal on the basis of evidence on record. The order of remand for retrial will cause prejudice to the accused appellants. Lawyers Involved: Amirul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- ..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......e..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surprising...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......te, 22 DLR 244; AIR 1957 All 20; 58 CrLJ 16; AIR 1962 (Mysore) 275; Indukuri Suryanarayana Raju and others Vs. Indukuri Viswanadharaju and others, AIR 1942; Prem Singh Vs. Bhola and another, Criminal Law Journal Vol. IX (1909) 103; Md. Adiluddin Vs. Md. Adiluddin Sheikh and others, 33 DLR 88; Khalil..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......statement of the accused in accordance with the provisions of law. It imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case. It is intended for the protection and benefit of the accused and not in order to enable the prosecution to find out......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......ellip;….(5) Cases Referred to- MK Zaman & others Vs. Matiar Rahman, 20 DLR 434; Abdus Sattar Howlader Vs. the State & Vs. Kashem Ali, 15 DLR 30; 33 DLR 101; 28 DLR 103. Lawyers Involved: Abu Sayed Ahmed with Alaluddin, Advocates-For the Petitioners. Shar..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......he State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected for discrepancy in detail Discrepancy in the matter of detail of incident always occurs even in......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ...... of an attack. Such photographic picturisation of an attack can not be expected from eye witnesses…..................(28) Case Referred to- State Vs. Mokbul Hossain, 37 DLR 157 Lawyers Involved: Fazlul Karim with Kazi Anwar Hossain, Advocates ‑For the Appellants. A..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
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