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Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......981. Judgment Mustafa Kamal J.- Appellants Zaheda Bewa @ Zaheda Begum and Shah Md. Ali alias Shaheb Ali were convicted under section 302/34 of the Penal Code and sentenced to transportation for life each by Mr. Md. Rezaul Haque, Additional Sessions Judge, 2nd Court Rangpur by his judgment ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ...... October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253; Nurul Haque and others Vs. State 20 DLR (Dhaka) 780. Lawyers Involved: Azizul Haque—For the Appellants. Md. Mokhter Hossain—For the..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......cted against, the judgment and order of the Sessions Judge, Pabna convicting the five accused appellants under section 302/34 of the Penal Code and sentencing each of then to transportation for life and to pay a fine of Tk. 1000/00. 2. The prosecution case was that on 14.2.81 deceased......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......amp; others. ...................Appellants Vs. State......................................Opposite parties Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. wit..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ......t High Court Division (Sylhet Bench) (Criminal Revisional Jurisdiction) Present: Md. Abdur Rouf J Md. Abdul Muttalib J Arjuman Ali................................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judg...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..........................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judgment August 2, 1984. Result: The application is rejected. Lawyers Involved: Nozrul Islam Chowdhury—For the Petitioner. Criminal Miscellaneous ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......minal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he cannot be sa......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......ce the accused neither can be said to have absconded nor can be said to have failed to appear before the trial court on any date fixed by the said court within their knowledge…........(8) Lawyers Involved: Siddique Ahmed Chowdhury with Mustafa Niaz Muhammad—For the appellant. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......ve the complainant's father who was scheduled to come on 26.9.83 at 7 PM. They went to launch Ghat but they did not find complainant's father in the launch. In the meantime the launch started for Khulna. Aforesaid Akramuzzaman and Mizanur Rahman requested the Serang to stop the launch a......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......dul Hoque & another…………………………Opposite-Party Judgment April 11, 1984. Result: The Rule is discharged. Lawyers Involved: M. A. Aziz—For the Petitioner. M. S. M. Nasirul Islam—For th..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......on 13.1.73 at about 4 P.M. four persons were kidnapped by the petitioners from Sobuj Sanga Club of Noahata Union, under Mohammadpur P.S. Jessore and another person was taken on the nextday at 10 a.m. for interrogation by petitioner No.14. All these five persons were untraced and as they were ki......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......DLR 96; Md. Mostafa Chowdhury Vs. Lila Rani Naundi, 22 DLR 199; Habibullah Chowdhury Vs. Abdul Kader Howlader, 29 DLR 338; Kanchan Ali Howlader Vs. Abdul Malek and others, 25 DLR 152;30 DLR 344. Lawyers Involved: Serajul Hoque—For the Petitioners. Syed Ghulam Mostafa—For t..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ...... President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government have stated that the accused are freedom ......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ......tion in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state 35 DLR (A) (D) 329; Baksu Mia Vs. Government of Bangladesh 30 DLR (SC) 228. Lawyers Involved: A.K.M. Shafiqur Rahman-For the Petitioner. Moazzem Hossain, D.A.G.-..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......Sessions Case No.348 of 1982. 2. A charge was framed against the three accused opposite parties U/S 324/307 of the Penal Code by the learned Assistant Sessions Judge on 2.12.82. 4.1.83 was fixed for trial. On the date the trial was adjourned upto 13.1.83 at the instance of the Assistant Public ......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ..............................Opposite-Parties Judgment November 19, 1983. Result: The Rule is absolute. Cases Referred to- Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96. Lawyers Involved: Md. Ansar Ali—For the Petitioner. Md. Altafur Rahman—For the..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ......ase No.508 of 1982 should not be quashed. 2. This Rule arises out of an application filed under sections 435/439 and 561A of the Code of Criminal Procedure. The Rule arises out of a First Information Report lodged by the complainant on 24-12-80 whereupon a case under sections 147/143/-149/...... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ......dgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- Md. Badir Mollah and others Vs. The State and others, Criminal Revision Case No.82 of 1983. Lawyers Involved: N. S. M. Nasirul Islam—For the Petitioners. M. A. Wahab, Deputy At..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ...... Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending before the learned Additional Sessions Judge Court No.1 Khulna should not be quashed. 2. This Rul......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......p;………Opposition Party Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- M.G. Towab Vs. The State, 34 DLR page 390. Lawyers Involved: M. A. Aziz— For the Petitioners. M. S. M. Nazirul Islam— For..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....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. ......ong to show cause as to why the judgment and order passed on 6.3.82 by Mr. S.M. Serajul Mowla, Appellate Tribunal Chittagong in Tribunal Appeal No.27 of 1980 should not be set aside. 2. The case for the prosecution is that on 4.6.77 at about 8 P.M. accused petitioners Abdul Jalil; Nurul Amin, S......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. ...... court and must be set aside--Code of criminal Procedure (V of 1898) S. 561A……………(11) Case Referred to- Bangladesh Vs. Shajahan Seraj, 32 DLR (AD) 1, Lawyers Involved: Nurul Islam Chowdhury—For the Petitioners. Moazzem Hossain Deputy..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......ode on 24.4.83 by Mr. A.F.M. Hafezullah Buiyan, Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 382 of 1979 and each of them has been sentenced to undergo transportation for life. 2. The case for the prosecution in brief is that deceased Kabir Ahmed (35), brother o......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......appeal is dismissed. Cases Referred To- The appeal is dismissed. Abdul Matin Munshi Vs. Idris Pandit and others, 27 DLR (A.D.) 22; Abdur Rahman Mondal Vs. State, 29 DLR (S.C.) 246 Lawyers Involved: Serajul Hug with Abdul Momen Chowdhury —For the Appellants. Moazze..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......f the Code of Criminal Procedure and it directed against judgment and order dated 30 5.83 passed by the learned Sections Judge, Comilla in Criminal Motion No.158/83 quashing the proceeding under the aforesaid section drawn up by the learned Sub-Divisional Magistrate, Sadar (South), Comilla by his or......ound of apprehension of breach of the peace. It is not difficult to see through the game or gamble of the 1st party-petitioner as he filed his petition to the A.O.M. who was also a member of the Martial Law Complaint Cell. Evidently, he wanted to make a short-circuit of the process of law in ob............................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. Result: The rule is discharged. Lawyers Involved: Fazlul Karim—For the petitioner. Mujibur Rahman—For the opp..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......lip;………………State Judgment September 8, 1983. Result: The appeal is allowed. Confessional statement of an accused can not be sole base for conviction Confession of a co-accused is no evidence and that no conviction can be based on......sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ....... Confession of a co-accused can be used only in support of other evidence and cannot be made the foundation of the conviction…………………….(9) Lawyers Involved: Abdul Majid, Advocate— For the Appellants. Md. Marfat Ali, Advocat..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......hmed—For Opposite Party No.1. Kazi Shofiuddia Ahmed—For Opposite Party No.3. Criminal Revision No.285 of 1982. Judgment Mustafa Kamal J.- This Rule issued under section 361 A Cr.P.C is for quashing the proceedings in Sessions Case No.632 of 1981 pending in the 3rd Court, Additional Se......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......s made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawyers Involved: Hamidul Huq Chowdhury with M. I. Farooqui and M.A. Wahab—For the petitioner. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......assed against the 5(five.) appellants by the Additional Sessions Judge, Rajshahi convicting the appellants under section 302/149 of the Penal Code and sentencing each of them to suffer transportation for life in Criminal Appeal No.113 of 1981. 2. The prosecution case in brief, is that on 13-11-......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......llip;…………..State Judgment May 12, 1983. Result: The Appeal is dismissed. Cases Referred to- 6 DLR Dacca 647; 10 DLR 61; 19 DLR (SC) 241. Lawyers Involved: Azizul Haque with Abu Ferdous Md. Sayeed, Advocates— For the Appellants..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......eeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of the dispute, the...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......quired by the conversion or exchange whether immediately or otherwise…… (6, 7 & 8) Cases Referred to- 30 DLR Dacca at page 4; AIR 1942 Nagpure; AIR 1930 Oudh 165; 2 Bombay Law Report page 84; AIR 1924 Bombay page 527. Lawyers Involved: Md. Abdus Sobhan, Advocate..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......ithout assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admission but the Court must give its reason for such rejection at the initial stage. An appeal under section 407 of the Code gives a substa...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......r that reason alone, the Court concerned cannot dispose of such appeals in such a perfunctory manner as has been done in the present case…………….(5 & 6) Lawyers Involved: Khondoker Saiful Hoque, Advocate— For the Petitioner. No one&mdash..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... The Rule is discharged. Second Prosecution Based On a Fresh Complaint- As the earlier petition of complaint did not disclose whether the petitioners were the principal offenders, henceforth having been discharged formerly on the same cause of action, the accuseds will still continue ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......lip;…………(8 &12-15) Cases Referred to- Abul Hossain Sana Vs. Swalal Agarwala, 14 DLR (SC) 96; Md. Sharif and others Vs. Baharuddin Chowdhury, 30 DLR 344. Lawyers Involved: Jamiruddin Sircar with MA Wahab Mia and Mir Mahfuzur Rahman Advocate— F..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. .......247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since accused Abdur Razzak did not appear before this Court and no order has been passed regarding him and as he is allegedly the main culprit i......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......er…………………………………State Judgment November 9, 1982. Result: This Rule is made absolute. Lawyers Involved: Majibur Rahman, Advocate— For the Petitioner. Shehabullah, A..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
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