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Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......gment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). Judgment Latifur Rahman J.- This appeal by the three accused-appellants by leave is against the judgment and order dated 19th January, 1997 passed by a ..Category: Criminal Law | Date: | Hits: 76
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......al before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular case. If it is found that the accused had suffered a considerable part of the sentence imposed upon him or her in the mistrial th..Category: Criminal Law | Date: | Hits: 83
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... went to the shop of the informant after some time. Shortly thereafter they left for the residence of the informant and victim Alamgir Kabir. They stayed there for some time. Then at about 7-30 PM accused Saiful Islam called Alamgir Kabir outside the house on the plea of some talk when appellant..Category: Criminal Law | Date: | Hits: 58
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ...... December 8, 1999. The Evidence Act, 1872 (I of 1872), Section 5 When the sentence passed by the trial court is based on sufficient reliable legal evidence on record finding the accused not guilty by the High Court Division placing no reliance upon confessional statement and n..Category: Criminal Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......hile the civil administrative executive services are not. The Government was also unmindful of the fundamental right enshrined in Article 35(3) of the Constitution which provides that “Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent an..Category: Constitutional Law | Date: | Hits: 829
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......he should be allowed to come out of unwholesome environment of a prison house. It is right and proper that the victim girl should stay with her parents rather than to give her to the family of the accused. The girl cannot be allowed to make her own choice because she is a minor……&h..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... Criminal Petition For Leave to Appeal No. 208 of 1998 Judgment Latifur Rahman J.- In Sessions Case No.1991 the Additional Sessions Judge, Mymensingh on 30-3-95 convicted accused-petitioner No. 1 under sections 302/109 of the Penal Code and accused-petitioner Nos. 2-10 ..Category: Criminal Law | Date: | Hits: 61
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ...... to complete the trial within 2 years, from the date of coming into force of the said Act XIII of 1987, the High Court Division was justified in refusing to quash the proceedings taken against the accused petitioner under section 409 of the Penal Code read with section 5(2) of Act II of 1947 in ..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......presented Criminal Petition for Leave to Appeal No. 80 of 1999. Judgment: ATM Afzal CJ.- This petition (barred by 27 days which is condoned) by the accused-petitioner arises out of yet another deprecatory order passed by Division Bench of the Hig..Category: Criminal Law | Date: | Hits: 59
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......e with Fatu alias Atowar Hossain. So this T I parade has become doubtful on two counts, firstly there is an inordinate delay in holding T I parade and secondly there was chance for PW 1 to see the accused persons in Court lock up before the identification in the T I parade. In view of the Police..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......for the respondent to make a proper representation of his case. Mr Ahmed submits that serving of a mere notice without tangible allegation of facts giving particulars and thereby depriving the person accused of an effective opportunity to defend himself does pot satisfy the test of proper observance..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......he Court of Metropolitan Magistrate, Dhaka. 2. The aforesaid GR Case arose out of a First Information Report lodged by the petitioner with Gulshan PS on 15-2-84 making the respondents accused therein. The petitioner is the Managing Director of Bangal Techno Consult Ltd. and respond..Category: Criminal Law | Date: | Hits: 93
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ......igh Court Division, Dhaka in Criminal, Revision No. 574 of 1996). Judgment: ATM Afzal CJ: The two accused-petitioners were convicted under section 376 of the Penal Code and sentenced to rigorous im..Category: Criminal Law | Date: | Hits: 53
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....section 494 of the Code of Criminal Procedure was filed by the Public Prosecutor for withdrawal of the case against 43 persons out of 62 accused. The trial Judge found that 37 accused persons were absconding and the Court issued warrant of arrest, proclamation and attachment of the absentee accu...... 4 of 1994 before the Court of Sessions Judge and Anti-Terrorism Tribunal, Comilla, an application was filed by the Public Prosecutor on behalf of the State for withdrawal of the prosecution of 43 accused out of 62 accused. The said application was rejected by the said Tribunal by its Order No. ..Category: Criminal Law | Date: | Hits: 63
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......udgment and order dated August 29, 1995 passed by the High Court Division in Criminal Revision No. 290 of 1991). Judgment Latifur Rahman J.- This appeal by the accused-appellant following leave is directed against the judgment and order dated 29-8-95 passed b..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......r Dhaka Metropolitan Area at the first floor of holding No. 3/13, Works Ministry Building No. 10/141 situated in the middle of Begum Bazar and Nazimuddin Road of Dhaka. 2. The petitioner, an accused of the aforesaid Sessions case, challenged the Notification in Writ Petition No. 2032 of 1..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......to kill Asad. Asad fell down on the ground. Then Khaleq Howlader fired 2/3 rounds more. PW 2 Ishaq was injured by the said fire. People fled away from the place being afraid for their life and the accused started dragging the body of Asad towards the School. PW 1 who was a witness of the said oc..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
.... and granting bail to the accused respondent, Mrs. Jobaida Rashid, pending disposal of Sessions Case No. 319 of 1997 in the Court of the Sessions Judge, Dhaka. 2. The respondent is the wife of the absconding accused Lt. Cot. Khondker Abdur Rashid. who along with the respondent and many others is ......e to appeal from judgment and order dated 23 March, 1997 passed by a Division Bench of the High Court Division in Criminal Misc. Case No. 552 of 1997 making the Rule absolute and granting bail to the accused respondent, Mrs. Jobaida Rashid, pending disposal of Sessions Case No. 319 of 1997 in the Co..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......ssed by the High Court Division, Dhaka in Criminal Revision No. 2399 of 1991 (Dhaka)1278 of 1988 (Rajshahi). Judgment: ATM Afzal CJ: The petitioners are some of the accused facing trial for an offence of murder in Sessions Case No. 11 of 1987 in the Court of the S..Category: Criminal Law | Date: | Hits: 74
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