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S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......Division in Criminal Miscellaneous Case No. 8491 of 2001 discharging the rule. 2. The facts, in brief, leading to the leave petition are that the respondent No. 1 filed a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka alleging commission of offence under section 1...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......the petitioner has been prosecuted came into operation on 06.07.1999 and as such the lodgment of the complaint and taking cognizance of the offence and framing charge against the petitioner and the trial itself are all illegal and hence the proceeding is liable to be quashed. 4. Being permitted..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......Respondents Judgment November 28, 2005. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ...... considered the submissions and perused the materials on record. Let us examine Section 6(5) of the Criminal Law Amendment Act 1958, which runs as follows: - 'Sec. 6 Procedure in trial of cased and powers of Special Judge ................ (5) Notwithstanding anythin..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... petition is dismissed. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 193 of 2003 (Form the Judgment and Order dated 03.08.2003 passed by the H...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......ainst the petitioner, co-accused Majibul Hoque and others under sections 409/467/468/ 201 of the Penal Code and after investigation charge sheet was submitted and the case was thereafter sent for trial and the learned Special Judge after recording evidence convicted four accused including the pe..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......volved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners Firoz Shah Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 194 of 2003 (From the Judgment and Order dated 30.04.2003 passed by......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ed 10.09.1994 was started against the accused petitioners and others and the case being investigated charge sheet was submitted against them under section 457/325A/224/225 of the Penal Code. During trial the accused petitioners and others were Charged under Sections 326A/ 347 457 of the Pena..Category: Criminal Law | Date: | Hits: 48
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......ch 7, 2004. Lawyers Involved: Syed Ziaul Karim, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondents Criminal Petition for leave to Appeal No. 45 of 2004 (From the Judgment and Order dated 10.01.2004 passed by t......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......atan (Bishes Bidhan) Ain, 1995 and not under the provision of repealed law i.e. the Cruelty to women (Deterrent Punishment) Ordinance,1983. The Court below is directed to take steps for holding the trial of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ...... Rajbari P.S Case No. 2 dated 09-07-1990 being G.R No. 47 of 1990. Sessions Judge After holding trial convicted the petitioner under section 302 of Penal Code sentencing him to suffer imprisonment for life and pay a fine of Tk. 5,000/00 and in default to suffer rigorous imprisonment for further ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......dated 09-07-1990 passed by the Session Judge Rajbari in Sessions Case No.5 of 1991 which arose out of Rajbari P.S Case No. 2 dated 09-07-1990 being G.R No. 47 of 1990. Sessions Judge After holding trial convicted the petitioner under section 302 of Penal Code sentencing him to suffer imprisonmen..Category: Criminal Law | Date: | Hits: 43
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......espondent Judgment November 20, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-the Respondent Criminal Petition for Leave to Appeal No. 214 of 2003 (From the Judgment and Order dated 24 05.2003 passed by......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......n Report. Thereafter a case was started and it was investigated by the police and the police after investigation submitted charge sheet under Section 394 of the Penal Code. The case being sent for trial, prosecution produced 5 witnesses. The accused petitioner was in abscondance after being rele..Category: Criminal Law | Date: | Hits: 52
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....Case No. 21/52-53 for rehabilitation of 30 refugee families and ever since those refugees have been residing there by constructing houses. One Monindra Nath Pramanik by tempering the record of right (ROR) sold the suit land to the plaintiffs. The land was recorded in the name of Anil Ranjan ......abala dated 17.1.1977. 3. Defendant No.4 Salgaria Muhajir Co-operative Society Ltd. represented by its Secretary Md. Saiful Islam hereinafter referred to as the Society filed a petition before the Additional Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property mea......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......e said land was acquired for the rehabilitation of the refugee from India. Furthermore, he said that through L.A. Case Nos. 50/51-52 and 51/52-53 the suit land was made khas by the Government. The trial court observed that P.W. 1 was one of the defendants in Title Suit No. 288 of 1975 and for hi..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
.... failed to prove possession of the defendant No.1 that the private documents filed by the defendant have not been proved by examining competent witness, that defendant No.1 failed to prove her right, tile and possession in the land in suit, that the suit ,is maintainable and also not barred......led in short, are that the land in suit belonged to Jataindra Nath Shaha who had 4 sons Mohendra Saha, Nalini Ranjan Saha, Santosh Kumar Saha and Phani Bhushan Saha, that Mahendra Nath Saha died before his father leaving wife, Hemangini Saha (defendant No.1) and a daughter by name Sundari Dasi. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......d which she got by the unregistered deed of gift was recorded in her name and the said revenue record was quite correct, that the defendant No.1 lives in separate mess. 4. The trial Court on consideration of the evidence of the parties, both oral and documentary, arrived at ..Category: Property Law | Date: | Hits: 23
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....o evidence whatsoever calling for interference by this Court. 9. He further submits that the alleged dying declaration purported to have been made by the victim is concocted story which has rightly been disbelieved by the High Court Division and as such there is no ground for interference...... Not represented-Respondent No. 1(In Criminal Petition No, 189 of 2003) Not represented-Respondent Nos. 7 &8 (In Criminal Petition No. 190 of 2003) Criminal Petition for Leave to Appeal Nos. 189 & 190 of 2003 (From the Judgment and Order Dated 26.11.2002......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......tment died in the hospital on 31.08.1994. The police investigated the case and the case and submitted charge sheet on 26.02.1995 and the case was sent to the court of the learned Sessions Judge for trial, which was registered as Sessions Case No. 24 of 1998. 4. Facts necessary for disposa..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......owab Ali, Advocate-on-Record-For the Petitioners Md. Abdur Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Respondent. Criminal Petition for Leave to Appeal No. 45 of 2003 (From the Judgment and Order dated 18.01.2003 passed by t......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ghter Rahima and on his information Sreenagar Police Station Case No. 6 dated 08.12.1995 was started and the police investigated the case and submitted charge sheet whereupon the case was sent for trial before the learned Additional District Magistrate, Munshigonj who framed charge against co-ac..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......ndent Judgment November 20, 2005 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave-to Appeal No. 195 of 2003 (From the Judgment and Order dated 28.10.2003 passed by ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......e being investigated charge sheet was submitted on 17.07.1998 under Section 19(a) of the Arms Act read with Section 26 of the Special Powers Act, 1974. 3. The case thereafter being sent for trial, charge was framed against the accused petitioner under Section 19(a) of the Arms Act to whic..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ...... 2003 Lawyers Involved: Obaidur Rahman Mustafa, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Respondent-Respondent Criminal Petition for leave to Appeal No. 130 of 2003 (From Judgment and Order dated 7th May. 2003 passed by t......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......nd order date 07.05.03 passed by the Single Bench of the High Court Division in Criminal Revision No. 1156 of 2000 discharging the Rule and directing the accused petitioner to surrender before the trial court to serve the remaining period of sentence. 2. The prosecution case is that the ..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... M. A. Gaffer, Advocate (appeared with leave of the court) instructed by A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners Not Respondent-Respondent Criminal Petition for Leave to Appeal No. 179 of 2003 (From Judgment and Order dated 26.4 2003 passed by the H...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......ode against the petitioners and others. 4. Thereafter, the learned Additional Sessions Judge framed charge against the petitioners and 8 others under the aforesaid sections. During the trial the prosecution examined as many as 12 witnesses and the defence examined only 1 witness and ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......of the charge under Section 302/149 of the Penal Code and sentenced appellant Farukur Rahman @ Farook to death and the two other appellants Sajjad Shaheen @ Prince and Miraj Hossain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record was sent......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......peal Nos. 2218, 2286, 2446 and 2532 of 1994 since a common question of law upon similar facts arose between the same parties. 2. The short facts, leading to this petition, are that the trial Court by judgment dated 29.10.1994 passed in Sessions Case No. 82 of 1992 found said three ap..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....eye witness to the murder of Rubel and Mantu and that the prosecution case was based on circumstantial evidence and retracted judicial confession. It is argued that the learned Sessions Judge rightly passed the order of conviction and sentence and the High Court Division upon due considerat......ed by a Division Bench of the High Court Division in Criminal Appeal No.772 of 1993 dismissing the appeal, reducing the sentence of fine to Tk. 1000/- in default to suffer simple imprisonment for 6(six) months and affirming the judgment and order of conviction under Section 302 of the ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ested, who made a judicial confession recorded under Section 164 of the Code of Criminal Procedure. Thereafter, charge sheet was submitted on 31-07-1991 against accused. The case was then sent for trial. 3. The defence case was taht the appellant has been implicated in this case fals..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......ndent Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......r investigation, submitted charge sheet against the accused-petitioner and another under section 25(B)(2) of the Special Power Act and the case was then sent to the Special Tribunal No. 2 Bogra for trial and in the trial the prosecution examined 5 witnesses and the defence examined none. The..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ...... Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 210 of 2003 (From the Judgment and Order dated 11.05.2003 passed by ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......nvestigated the case and submitted charge sheet No. 13 dated 09.04.1994 against the accused petitioners and others under Sections 302/34 and other Sections of the Penal Code. The case was sent for trial. The Sessions Judge, Kishoreganj recorded evidence witnesses and by judgment and order dated ..Category: Criminal Law | Date: | Hits: 31
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....(now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands originally belonged to Monindra Nath Mondal, the defendant No.2 in raiyati right who sold the suit land to the plaintiff by registered kabala dated 23.04.1970 and since then......Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands origin......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ...... his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the original kabala was stolen from his house. 4. The trial court decreed the suit. On appeal being Title Appeal No. 142 of 1979 the court of appeal dis..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....sed the gifted property and after him he is in peaceful possession of the land so gifted by the Zamindar, that the defendant No.5 i.e. local Tahshilder taking advantage of the wrong record of right in the name of the Government threatened the plaintiff to dispossess him from the land i......cribed in the schedule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......iled seeking declaration of title in respect of the land described in the schedule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording..Category: Property Law | Date: | Hits: 43
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