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Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
....nbsp; Result: The petition is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revisional power by restoring the conviction on set...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ..Category: Criminal Law | Date: | Hits: 5
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....n. 9. Prisons Act deals with the management, administration, discipline, conduct and all other affairs regulating the life of the prisoners who happened to be lodged therein either as a criminal convicted prisoner or as a civil prisoner. For violation of any of the rules of the Prisons Act pena......ing in a manner which was contrary to the discipline of the prison. 9. Prisons Act deals with the management, administration, discipline, conduct and all other affairs regulating the life of the prisoners who happened to be lodged therein either as a criminal convicted prisoner or as a civil pr..Category: Criminal Law | Date: | Hits: 1
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....nt and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special Case No.99 of 2004 arising out of GRNo.125 of 2004 responding to Panchlysh PS Case No.21(2) 2004 convicting the accused-petitioner under section 19A of the Arms Act and sentencing him there under t......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....fence punishable under section 302 of the Penal Code. 2. Apart from the death reference, the condemned prisoner Moinuddin also preferÂred Jail Appeal No.361 of 2003 against his death penalty. The convict Habibur Rahman preferred Jail Appeal No.497 of 2003 and convict Harun preferred Criminal App......ence under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 3rd Court, Sylhet for confirmation of the sentence of death imposed upon the condemned prisoner Moinuddin in Sessions Case No.51 of 1997 arising out of GR Case No.13 of 1995 corresponding..Category: Criminal Law | Date: | Hits: 24
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....appears - For the appellants. Sheikh Rezaul Karim, Assistant Attorney General - For the respondent. Criminal Appeal No.382 of 1992. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellants namely (1) Sherengir Mollah, (2) Manjur Mollah, (3) Jhantu Mollah, (4) Mintoo Mol......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....rs Act, 1974 at the instance of Yunus Ali and Shawkat are directed against the judgment and order dated 16-9-2002 passed by the Special Tribunal No. 2, Khulna in Special Tribunal Case No. 319 of 1997 convicting the accused appellants under section 25A of the Special Powers Act and sentencing each of......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....etropolitan Special Tribunal No.6, Dhaka, in Metropolitan Special Tribunal Case No.6037 of 1999 arising out of Sutrapur P.S Case No.14 dated 03.01.1999 corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer r......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
.... Judgment AKM Fazlur Rahman J.- This appeal is directed against the Judgment and order dated 13.8.2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant, and absconding accused Ful Baru under section 314/34 of the Penal Code and......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..Category: Criminal Law | Date: | Hits: 69
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....he court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form the basis of conviction………………………(39) Case Referred to- Syed Ali Mandal alias Md......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....Deputy Attorney-General with Monowara Khatun, Assistant Attorney-General-For Respondent. Criminal Appeal No.1091 of 1999. Judgment Md. Abdul Wahhab Miah J.-This appeal has been filed by the convict appellant Labai Pramanik @ Nabab Ali against the judgment and order of conviction and senten......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..Category: Criminal Law | Date: | Hits: 80
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s. State………………………….Opposite Party Judgment June 22, 2011. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A A convict may invoke the jurisdiction of the High Court Division under section 561A of the Code of Cri......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....e Bangladesh Gazette Extraordinary dated 14th June, 1976 and (iii) the judgment and order dated 17th July, 1976 passed by the Special Martial Law Tribunal in Special Martial Law Case No.1 of 1976, convicting all the petitioners in all the four petitions and the deceased husbands of Petitioner Nos......ds to access to the lawyer for privateconsultation and also affording the latter an adequate opportunity of preparing the case for the defense. A lastmoment appointment of an advocate for defending a prisoner accused of a capital offence not only results in a breach of theprovision of the 6th paragr..Category: Criminal Law | Date: | Hits: 154
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....¦â€¦(26) Words and phrases Reasonable doubt The expression "Reasonable Doubt" is incapable of definition. Plain meaning of "Doubt" is uncertainty of mind, the absence of a settled opinion or conviction, the attitude towards acceptance of a belief in proposition, theory or statement. It i......62 may be noticed which are couched in following language: "If at the end of and on the whole of the case there is a reasonable doubt created by the evidence given by either the prosecution or the prisoner, as to whether the prisoner killed the deceased with a malicious intention, the prosecution..Category: Criminal Law | Date: | Hits: 83
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....d Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 preferred by accused Arzan against the order of conviction and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Case No.33/......erence No.14/92 submitted by the learned Additional Sessions Judge, Narayangonj for confirmation of the death sentence passed by him on accused Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 prefer..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....d in the town planning and building construction legislations, or any other apposite statute, the same is liable to be ravaged, irrespective of whether fine has been imposed or not, in the same way a convict’s name does not wane from the record simply because he has paid the fine imposed. 63. M...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....n the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused……………………………..(35) Cardinal principles of Criminal Jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, a......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
.... No. 2394 of 1995. Judgment Mohammad Ullah J. - This criminal appeal is from the judgment and order dated 8.10.1994 by which the learned Sessions Judge, Tangail, in Session Case No.96 of 1994, convicted the two appellants under sections 302 and 34 of the Penal Code and sentenced both of them ......ion if it is found to be true and voluntary can form the sloe basis of conviction as against the marker of the same. The High Court Division has rightly found the judicial confession of the condemned-prisoner true and voluntary and considering the same, the extra judicial confession and, circumstanc..Category: Criminal Law | Date: | Hits: 170
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....ch is liable to be discharged. 9. In support of his contentions, the learned Counsel refers the case of Amir Hossain Vs. M.A. Malek, reported in 56 DLR (AD) 146, wherein it has been held:- "The convict respondent admitted about the loan, issuance of cheques by him and dishonor of cheques and t......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..Category: Criminal Law | Date: | Hits: 103
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....o show cause why the order of conÂviction 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......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa 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: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....……(20) On circumstantial evidence The established principles of law are that a witness may lie but not the circumstances. However the Court must adopt a cautious approach while basing its conviction purely on circumstantial evidence. As evidence there is no difference between direct and ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
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