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Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ...... 1947) and convicted and sentenced him under sub-section (2) of section 5 of the said Act. Hence this appeal. 3. Mr. Abdul Aziz appearing on behalf of the Appellant contended that the trial of the accused in this case was vitiated by misjoinder of charges and further that the charges, as framed, ..Category: Anti-Corruption Laws | Date: | Hits: 83
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ...... Lawyers involved: No one- both for the Appellant and Respondent. Appeal No. 174 of 1968. Judgment: TH Khan J: This appeal from the jail by the accused Golam Kader is directed against the order of conviction and sentence passed on 29 February ..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......he judgment passed by Mr. MS Rahman, Additional Sessions Judge, 2nd Court, Bakerganj-Patuakhali upholding the order passed by Mr. MU Chowdhury, Magistrate, 1st Class, and Patuakhali convicting the accused-petitioners under section 379 of the Pakistan Penal Code and sentencing each of them to und..Category: Criminal Law | Date: | Hits: 82
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ...... H. Rahman J. This Rule is directed against the judgment passed By Mr. M A Ali, Magistrate 1st Class Noakhali, on 15.10.68 convicting the accused petitioner Keramat Ali, Ayub Ali, Seramat Ali, Sabir Mia, Sultan Mia and Ismail under secti..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ...... Death Reference No 15 of 1970 and the connected appeal No. 563 of 1970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Johar prayer, accused Shiraj Ali gave dao blows to Fajarjan Bibi, mother of the informant Abdun Noor and she died ..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......9 PPC by the Sessions Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accused Amina Khatun some 8 or 10 years ago but they were not pulling on well and Amina Khatun used..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....3 respectively. He examined witnesses and after completing, the investigation submitted charge sheet on the 1st March, 1968. He, however, could not secure the arrest of the accused as he was found absconding. The commitment proceeding was held in the Court of Mr. MA Mannan, Magistrate 1st Class,......te index, Exhibits 2 and 3 respectively. He examined witnesses and after completing, the investigation submitted charge sheet on the 1st March, 1968. He, however, could not secure the arrest of the accused as he was found absconding. The commitment proceeding was held in the Court of Mr. MA Mann..Category: Criminal Law | Date: | Hits: 154
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......ome back from the school and when on search she could not be traced out and getting this news the informant came home from Dhaka on 9-3-1997 at 8-00 PM and he learnt from his wife and neighbours that accused Abdus Salam, son of Hazi Giasuddin of village Kokadair PS Nagorpur very often used to tease ..Category: Criminal Law | Date: | Hits: 71
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......udgment and order dated 1st December, 1996 passed by a Division Bench of the High Court Division rejecting an application for quashing of the proceeding of CR Case No. 227 of 1996 pending against the accused-appellant in the Court of Magistrate, First Class, Rangpur under section 138 of the Negotiab..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......l Code, 1860 (XLV of 1860), Section 471 The Prevention of Corruption Act, 1947 (II of 1947), Section 5(11) (i) Learned Judge of the High Court Division is palpably wrong in holding that when an accused is convicted and sentenced under section 466 he cannot again be convicted and sentenced unde..Category: Anti-Corruption Laws | Date: | Hits: 73
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... Judgment and order dated 30-3-95 passed by the High Court Division in Criminal Revision No. 1907 of 1992). Judgment Latifur Rahman J.- This appeal by the accused- appellants is against the judgment and order dated 30-3-95 passed by a Division Bench of t..Category: Criminal Law | Date: | Hits: 69
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......ip;……...Respondent Judgment February 12, 1998. The Criminal Law Amendment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixe..Category: Criminal Law | Date: | Hits: 59
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......p; Latifur Rahman: In Criminal Appeal No. 149 of 1998, a Division Bench of the High Court Division by its judgment and order dated 15-2-98 refused the prayer for bail of the accused-petitioner in pending Special Tribunal Case No. 290 of 1996 before the Court of 4th Additi..Category: Criminal Law | Date: | Hits: 66
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......Respondent Judgment: August 17, 1998. The Arms Act, 1878 (XI of 1878) Section 19(a) & 19(f) Arms and ammunitions recovered from one of the few accuseds and when all of them were together revolver shots fired and cocktails hurled from amongst ..Category: Criminal Law | Date: | Hits: 54
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......nt March 11, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 247 The High Court Division committed no illegality in setting aside order of acquittal of the accused persons for non-appearance of the complaint on the date of securing attendance of the accus..Category: Criminal Law | Date: | Hits: 61
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ...... No. 1 of 1989 with Criminal Appeal No. 67 of 1989, Jail Appeal No. 53 of 1989 and Criminal Revision No. 174 of 1989). Judgment Mustafa Kamal J.- 41 accused persons, including accused-respondent Nos. 1-6, were tried under sections 148/302/149 of t..Category: Criminal Law | Date: | Hits: 80
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......t Nos. 1-2. Not represented— Respondent No. 3. Criminal Petition for Leave to Appeal No. 64 of 1998. Judgment Mustafa Kamal J.- The accused-petitioners on bail are on trial before the 2nd Court of Additional Sessions Judge, under s..Category: Criminal Law | Date: | Hits: 63
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......aid order of acquittal, which is still pending. The High Court Division while admitting the appeal directed the Deputy Commissioner, Barisal to take the appellants into custody but allowed other co-accused to go on ad-interim bail. 2. The appellants voluntarily surrendered and filed an a..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......of 1989. The learned Single Judge, however, reduced the sentence of Mawlana Abdul Hye (petitioner of Criminal Petition No. 103 of 1997) to six months on consideration of his old age. All the three accused-petitioners are seeking leave to appeal from the impugned judgment of the High Court Divisi..Category: Criminal Law | Date: | Hits: 67
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......97 of the High Court Division in Criminal Revision No. 512 of 1996). Judgment Latifur Rahman J.- This Criminal Petition for leave to appeal by the four accused-petitioners is against the judgment and order dated 2-7-97 passed by a Division Bench of th..Category: Criminal Law | Date: | Hits: 66
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