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Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......, Dhaka) and Jail Appeal No. 39 of 1988 (Barisal) (Jail Appeal No. 59 of 1987, Dhaka). Judgment: Latifur Rahman J: This appeal by the three accused‑appellants is directed against the judgment of the High Court Division, Barisal Sessi..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......King‑Emperor 74, Indian Appeals 1946‑47 65 (75) it was held that the breach of section 162 of the Code of Criminal Procedure did not, in the circumstances of that case, prejudice & accused and hence the conviction could not be quashed. In Seth Banarsi Das vs. Cane Commissioner, 1..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ...... 1984 and Jail Appeal No. 2 of 1984). Judgment: Latifur Rahman J: This appeal by four accused‑ appellants is directed against the judgment of the High Court Division, Jessore Benc..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ...... Case No. 398 of 1990). Judgment: Latifur Rahman J.- This appeal by six accused‑appellants is directed against the order of refusal of their bail by the Division Ben..Category: Criminal Law | Date: | Hits: 60
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......iminal Revision No. 691 of 1969). Judgment: Ahsanuddin Choudhury, J.—This appeal is by special leave granted to examine the following points:— (1) Whether an accused public servant falling in the category mentioned in section 197, Cr. P. C. is entitled to ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......et in connection with an occurrence involving two deaths by gun shot injuries. Two charges, one under section 148 and another under section 302/149 of the Penal Code were framed against all the 18 accused. The common object of the charge under section 148 as stated thereunder was to forcibly dem..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......de. 2. The prosecution case is that Badsha Mia, informant on the night following 10-3-67 at about 1-30 A.M. woke up from sleep on hearing cries of his wife. He lit his torch and saw the two accused inside his hut. The accused then fled away. Their alarm attracted the neighbours, who heard..Category: Criminal Law | Date: | Hits: 74
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ...... Ahsanuddin Choudhury, J.—This petition is for review of the judgment dated 17. 6. 75 passed by this Division in Criminal Appeal No. 24 of 1974. 2. The accused-petitioners faced a trial under section 379 of the Penal Code before a Magistrate, Fir..Category: Criminal Law | Date: | Hits: 66
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....on 10-2-68 and 11-2-68 against Railway Receipt Nos. 62192 and O2218 respectively. These wagons were loaded in presence of the coal Inspector Sarwaruddin of the office of the Coal Controller and the absconding accused. A. Halim Malik, Fuel Inspector of the Pakistan Eastern Railway. On receipt of ......rmer was to deliver coal on permits issued by the latter. A Permit No. 63/3138 for fifteen hundred tons of coal was issued in favour of Chief Mechanical Engineer, Pakistan Eastern Railway. Absconding accused A. Halim Malik, Fuel Inspector of the said Railway was deputed to take delivery of coal fr..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ...... requirements of section 342, Cr.P.C. and as a result, thereof the appellants have been seriously prejudiced. He sought to argue that though the object of section 342, Cr.P.C. is not to subject the accused to detail ami lengthy examination it is nonetheless mandatory that while examining the..Category: Criminal Law | Date: | Hits: 64
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......r cannot pass an order of removal of a mutwalli unless the Mutwalli had an opportunity of being heard, proviso to sub-section (1) of s. 32 clearly provides for such an opportunity to the accused Mutwalli to defend himself. Therefore the affidavit at the time of filing the petition..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......Sessions Division, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feelings between Dr. Abdus Salam (deceased) on one hand and accused Azizur Rahman and respondent Golam Rabbani and their supporters or the other. Accused ..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......ion is a confused one. This will be borne out by what he stated in reply to some suggestions put to him in cross-examination. It is as follows: — "It is not a fact that the accused in this case cannot at all be convicted with the murder of my son, that is with this case ..Category: Criminal Law | Date: | Hits: 62
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......nced to a fine. 9. Mr. Ali then contended that the trial of the petitioner with three other persons stood vitiated because the petitioner as well as three other persons who were accused of different offences could not be tried together inasmuch as the offences said to have bee..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ...... 1972. The appellant was convicted under section 302/34 read with Part I of the Schedule to President's Order No.8 and sentenced to transportation for life and to pay a fine of Tk. 5,000/-and 5 other accused were convicted under Clause (b) of Part TV of said order and were sentenced to rigorous impr..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......with the delegated function of the Government. He was held to be an officer in the service and pay of Government in terms of S. 21 of the Penal Code. 7. Ahad Shah is a Lahore case and there accused was managing proprietor of a firm. Ahed Shah and Mohammed Shah and Company, and was charged..Category: Employment/Service Law | Date: | Hits: 81
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......ustice will be met even if the sentence of imprisonment and of fine is considerably reduced. 9. It is well settled that the question of sentence is in the discretion of the Court which finds the accused guilty on a certain charge. The said discretion, of course, is to be exercised in a judicial..Category: Criminal Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......ns such as pistol and knives attacked his brother Saiduzzaman while he was in his Fair Price Cloth Shop and brutally murdered him. The police after investigation submitted charge-sheet against the accused en 20. 7. 1974 under Sections 147/148/149/302/109, Penal Code read with Article 2(4) o..Category: Criminal Law | Date: | Hits: 113
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......ak or inconclusive the prosecution is prone to adopt this device of adding or preferring a charge under section 364 of the Indian Penal Code in the hope that Jury which may hesitate to find the accused guilty of murder on such slender evidence may be induced to find against him on the lesser..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....3-1987 and sent the dead body to the morgue for post mortem examination at 9-45 hours of 4-3-1987. 7. At the trial charge was framed in the absence of the convict, since he was absconding and did not appear till the date of conviction, after compliance with the procedure und......er’s seat, that the shot fired by Chand Mia upon piercing throat of driver Siddique Bhuiyan hit PW 2 Mominul Ahshan who was admitted to Dhaka Medical College Hospital on that very night, that accused Chan Mia after firing shot fled away, that the police seized the bus and that after holding..Category: Criminal Law | Date: | Hits: 74
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