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Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....gainst inadequacy of sentence passed by the International Crimes Tribunal No.2, Dhaka in ICT-BD Case No.2 of 2012, and acquittal in respect of charge No.4; the latter appeal was preferred by the convict Abdul Quader Mollah against his conviction and sentence passed by the said Tribunal. 2....... respect of detention, prosecution and punishment of any person, who is a member of any armed or defence or auxiliary forces or any individual, group of individuals or organization who is a prisoner of war for Genocide, Crimes against Humanity or War Crimes and other crimes under Internati..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....al Appeal No. 921 of 1992. Judgment Abu Bakar Siddiquee J.— This Criminal appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against the judgment and order of conviction and sentence dated 02-7-1992 passed by the learned Judge of the Special Tribunal No. 4, D......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....cedure when they again pleaded their innocence. After hearing argument on behalf the defence and the prosecution and upon consideration of the evidence and materials of record the learned trial Judge convicted the accused persons and sentenced them as stated above. 9. Being aggrieved by and dis......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....r the Anti-Corruption Commission-Added Respondent No. 2. Criminal Appeal No. 3735 of 2010. Judgment Moyeenul Islam Chowdhury J.— This criminal appeal, at the instance of the convict-appellant, is directed against the judgment and order dated 16-11-2008 passed by the le......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
.... as witness, the court may properly draw an inference adverse, to the prosecution. If a material witness has been deliberately kept back, then a serious reflection is cast on the validity of the conviction. No evidence that at or about the time of murder, no third person, excepting the app......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
.... cited case Baij Nath Prashad Tripathi, Petitioner in writ petition No.115 of 1956, was a sub-Inspector of police in the State of Bhopal; he was prosecuted before a Court of Special Judge, Bhopal and convicted of offences under section 161 of the Indian Penal Code and section 5 of the Prevention of ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....under section 302/34 of the Penal Code. During the course of investigation since another accused Girish Rabi Das died; the police report was submitted with a recommendation to stand trial of this convicted condemned-prisoner, the present appellant. 7. Ultimately charge was so framed which ......of the Penal Code. During the course of investigation since another accused Girish Rabi Das died; the police report was submitted with a recommendation to stand trial of this convicted condemned-prisoner, the present appellant. 7. Ultimately charge was so framed which was duly read over a..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....t, Dhaka after considering the facts and circumstances of the case and evidence and materials on record found the accused-person guilty of the charge under section 302 of the Penal Code and upon conviction sentenced her to death. 8. The Additional Sessions Judge, Fifth Court, Dhaka forward...... Romana Begum alias Noma…………………….Respondent Judgment March 5, 2013. Result: The appeal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....l to a criminal trial and this is a matter on which the court should give careful attention. Therefore, if the charge remains vague, the necessary ingredients of the offence to which the accused is convicted are not brought out or if the place and time of occurrence have not been brought with pro......ejudiced the accused. 13. In Shivagi Vs. State of Maharashtra, AIR 1973 SC 2622, K. Iyer, J. speaking for the Supreme Court observed: It is the law, nevertheless fundamental, that the prisoner's attention should be drawn to every inculpatory material so as to enable him to explain i..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....by a convict in the condemned cell is not necessarily a ground for commutation of the sentence of death. However, where the period spent in the condemned cell is not due to any fault of the convict and where the period spent there is inordinately long, it may be considered as an extenuatin......rence, dismissing the criminal appeal and jail appeal. 2. The prosecution case, in brief, is that Milon Akhter (deceased), younger sister of the informant was given in marriage to condemned-prisoner Md. Nazrul Islam (henceforth referred to as "the accused"), 6 years back. After 6..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....day of March, 2012 passed by the Appellate Division in Criminal Petition Nos.266-269 of 2011). Judgment Md. Abdul Wahhab Miah J.- Review Petition Nos.9-12 of 2012, have been filed by the convict-petitioner and Nos.16-19 of 2012 have been filed by the complainant for reviewing the judgm...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
....h day of March, 2012 passed by the Appellate Division in Criminal Petition Nos. 266-269 of 2011). Judgment Md. Abdul Wahhab Miah J.- Review Petition Nos.9-12 of 2012 have been filed by the convict-petitioner and Nos.16-19 of 2012 have been filed by the complainant for reviewing the judgme...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....e Public Employees Discipline (Punctual Attendance) Ordinance, 1982 for leaving his office during the office hours without prior permission from his higher authority and conversely the respondent was convicted for other specific allegations under Regulation 36(1)(B)(R) of the Thus, the respondent ha......we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....on a tin and received injury on her head resulting in her death. 6. The learned Judge of the trial Court after hearing the parties and upon consideration of the evidence and materials on record convicted the condemned prisoner Rahmat Ali alias Shukkur under section 302 of the Penal Code and se......ansferred to the Court of Sessions Judge, Kishorganj where it was numbered as Sessions Case No.219 of 2003 for trial. Charge was framed under section 302 of the Penal Code against the condemned prisoner and read over to him to which he pleaded not guilty and claimed to be tried. During trial t..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
.... voluntarily. Any defect arising out of violation of any mandatory provision of law is not curable under section 533 of the Code of Criminal Procedure ........ (57) Confession, the sole basis of conviction That a confession, if proved true and voluntary, can be the sole basis for convicti...... of 2007. Judgment Moyeenul Islam Chowdhury J. – The Criminal Appeal No.1205 of 2007 and the Jail Appeal Nos.281 of 2007, 291 of 2007 and 303 of 2007, at the instance of the condemned-prisoners, are directed against the judgment and order of conviction and sentence dated 03-04-2007 p..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....t unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration. As in the case of a deposition, so in the case of a confession ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....st unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration.……………………(5) Before discarding any confession, ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....shmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 23.05.2007 passed by learned Judge, in Sessions Case No. 14 of 1996 co...... A.N.M. Bashir Ullah J The State………………………....Petitioner Vs. Moru Bhuiyan………..............Condemned prisoner Moru Bhuiyan ………………………...Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....ther Vs. The State and another; 60 DLR (HCD) 371; AIR 1972 (SC) 535. Lawyers Involved: S.M. RezaulKarim, Advocate With Md. Abdur Razzak, Advocate and Ms. Afifa Begum, Advocate—For the convict-appellants. No one appears—For the State. Criminal Appeal No. 4282 of 2609 ...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....ropriety of the judgment and order of conviction and sentence dated 20-6-2007 passed by learned Judge of Metropolitan Special Tribunal No.3, Dhaka, in Metro. Special Tribunal case No.354 of 2007 convicting the appellant under sections 19A and 19(f) of the Arms Act and sentencing him to suf......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
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