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Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....p;……………………………………Respondent Judgment May 20, 1992. Result: The appeal preferred by convict‑appellant is dismissed with the modification in the sentence. Lawyers Involved: ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....ziar's name was disclosed in the First Information Report. The evidence of informant P.W.1 and of the alleged eye‑witness P.W.2 Taraban are not themselves satisfactory for upholding an order of conviction, P.W. 2's claim of recognition of the accused is doubtful. But the fact remains that ......August, 1986 passed by the High Court Division, Jessore Bench in Death Reference No. 11 of 1983 with Jail Appeal No. 109 of 1983). Judgment MH Rahman J.- This Jail appeal by the condemned prisoner is directed against the judgment and order dated 10th and 11th August, 1986, of the High Co..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....eath of the petitioner. The object of laying down the above principle obviously was to prevent the estate of a deceased person being damaged although death had terminated the personal interest of the convict in the appeal.......... (6) The decisions already referred to relate the interest of th...... 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. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......elay in complying with the Court's advance order of release dated 5.4.89. By way of stating facts they have stated that as a Jailor and Deputy Jailor their duty is to receive and release the prisoner as and when directed by the Courts of law or the authority concerned. They have no personal..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
.... The rule of law Confession is strikingly a very important and convincing material for proving that the offence is committed by such persons making confession. According to the rule of law, conviction can be based solely on the confession of the maker, if it is found voluntary and tru......he Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The confessional statement by condemned prisoner made before the police leads to the discovery of the dead bodies, that are relevant fa..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....ook, Advocates—For the Appellant. Amirul Kabir Chowdhury, Advocate—For the State. Criminal appeal No. 76 of 1983. Judgment AM Mahmudur Rahman J.- The accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional ......e custody of another. It extends in law to confinement not only in jail, but in a house, or stocks, or to holding a man in the street, etc. for in all these the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times." ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....how cause why the order of conviction and sentence passed by Mr. S. M. Serajul Moula, Member, Appellate Tribunal, Chittagong on 21.6.80 in Special Appellate Tribunal Appeal Nos.22 and 23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under sect......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
.....—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial Case No.6 of 1984 convicting accused appellant Noor Mohammad under sections 304 Part I of the Penal Code. The accused ......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....ttorney-General—For the State. Death Reference Case No. 7 of 1983 with Criminal Appeal No. 51 of 1983. Judgment Mustafa Kamal J.- Condemned prisoner Most. Mallika Khatun has been convicted u/s 302 of the Penal Code and sentenced to death by Mr. A. K. Mohammad Ali, Additiona......n and Quazi Akhter Hossain, Assistant Attorney-General—For the State. Death Reference Case No. 7 of 1983 with Criminal Appeal No. 51 of 1983. Judgment Mustafa Kamal J.- Condemned prisoner Most. Mallika Khatun has been convicted u/s 302 of the Penal Code and sentenced to death by..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....ce as it is not made on oath in presence of the person affected and its veracity is not tested by cross examination. Confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of independent corroborative evidence…….(20) Cases Refe......andum of the evidence or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be singed by any Judge o..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....as been thoroughly perfunctory.........Since the dead body has been found and identified, the charge under section 364/34 Penal Code was not proper. The evidence on record was not enough to warrant a conviction under section 302/34 B P.C. Hence the learned judge was justified in acquitting the accus......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
....uit No. 371 of 1980 and Title Suit No. 16 of 1981 expeditiously. In such event it is difficult for me to veer round to the point that the technical disobedience tantamounts to contempt which warrants conviction. In view of the pending litigation and in view of our order as to why our order dated 13-...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
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Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....Assistant Attorney General—For the State. Judgment Mohammed Habibur Rahman J. —Accused appellants Md. Abdul Quddus @ Abdul Quddus @ Nausha and Abul @ Abul Hossain have been convicted by Mr. Afzalul Haque, Additional Sessions Judge, Rangpur in Sessions Trial Case No.411 of ......l offences should generally be corroborated by some other evidence direct or circumstantial before it is acted upon is the decision in the case of The King Vs. Baskerville (1916) 2 K.B. 658. The prisoner in that case was tried for committing unnatural offences with two boys who were freely cons..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
.... Order of a military Court has been interfered with in those jurisdictions. 16. In Kartar Singh Vs. Imperator, (AIR 1946 Lah 103) three of the army officers including one British were, tried and convicted and sentenced to imprisonment. A proceeding under Section 491 of the Code of Cri......y tribunals constituted by Act of Congres cannot be reviewed by civil Courts in mandamus proceeding or otherwise. 22. In Barns Vs. Wilson, (344 US 137=97 L. Ed. 1508) the facts are that military prisoners found by Courts martial guilty of rape and murder, applied for habeas-corpus, alleging tha..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....y-General—For the Respondents. M. H. Khandkar—Amicus Curiae. Writ Petition No. 345 of 1978. Judgment Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sente......gainst 7 accused persons under sections 148/149/448/302/364 B.P.C.read with section 26 of the Special Powers Act The F.I.R. is dated 9-3-76 In that F.I.R. names of the 3 condemned prisoners, Shamsuddin, Abulal and Rouf were not mentioned as accused. Charged-sheet was submitted on..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....akistan contrary to such prohibition or restriction, and the punishment prescribed in 3rd column is: such goods shall be liable to confiscation; and any person concerned in the offence shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six years and to ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....l No. 602 of 1974. Judgment Ruhul Islam J.—This reference to the Full Bench has been made by a Division Bench of this Court in connection with an appeal preferred against the order of conviction and sentence passed by Mr. S.S. Ahmed, Special Tribunal I, Tangail dated July 30, 1974, i...... (i) period of limitation for preferring an appeal was 60 days; (ii) appeal to be heard by a Bench consisting of at least two Judges; (iii) against capital sentence, appeal by the condemned prisoner and reference by the Special Tribunal, to be heard by a Division Bench consisting of at lea..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......d the suit then pending in Pakistan Courts could not proceed without the sanction of the Central Government. Regarding 'resident' it has been clearly observed that it must be voluntary and that the prisoner of war is not an alien enemy. 21. Two other decisions may be cited, Vandyke Vs...Category: Property Law | Date: 7 May, 1976 | Hits: 55
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......of a citizen of Bangladesh which has been declared as his inalienable right, under the Constitution of Bangladesh. Any citizen could then be arrested on the ground that he has been implicated by some prisoner while confessing his guilt. We, therefore find it extremely difficult to say that even if t..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....Reference under section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Jhalakati, for confirmation of the sentence of death imposed upon accused Mojibar Rahman Gazi on his conviction for the offence punishable under section 302 of the Penal Code passed on 29.11.90 in Sess......ellip;..(20) Lawyers Involved: S.A. Hasan, Assistant Attorney‑General—For the State. Sayed Ziaul Karim, SK Atiar Rahman and Md. Khurshid Alam Khan,Advocates‑For the condemned prisoner—Appellant. Death Reference No. 5 of 1990 (Barisal) Death Reference No. 32 ..Category: Criminal Law | Date: | Hits: 2
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