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Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
.... Criminal Appeal Nos. 1825, 1891 and 1751 of 2002. Judgment Md. Ashfaqul Islam J. - Criminal Appeal No.4210 of 2003, Criminal Appeal Nos. 1825, 1891 and 1751 of 2002 have been preferred by the convict-appellants namely, Abul Khair alias Md. Abul Khair, SM Rafique, Md. Sharifullah and Abdul Aw......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....f Session continued. The provisions of the section are mandatory and failure of the Court to do so rendered the entire subsequent proceedings illegal and is of no legal effect which would vitiate the conviction and sentence…………………………………………(43) Cases Referred to-&n......e of Woolmington Vs. Director of Public Prosecutions, reported in House of Lords 1935 All England Law Reports (Reprint) page-1that on a charge of murder it is the duty of the prosecution to prove the prisoner's guilt subject to the defence of insanity and any statutory exception. If, at the end and ..Category: Criminal Law | Date: | Hits: 70
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....th other accused namely, Pijush Kanti Barua, Md. Hossain, Md. Soleman, Baharul Islam @ Bahar, Bashikka and Sunil Ghose were found guilty under sections 395/397 of the Penal Code and each of them were convicted and sentenced to suffer rigorous imprisonment for 10 years in Session Case No. 161 of 1994......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....te—For the Appellant. Md. Alamgir Kabir, Assistant Attorney-General—For the Respondent. Criminal Appeal No. 2813 of 2003. Judgment SM Ziaul Karim J. - This appeal, at the instance of convict appellant Jalaluddin, is directed against the Judgment and order dated 5-7-2003 passed by th......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
.... Morari Vs. Crown AIR, 1919 Bom 160. Lawyers Involved: None appears—For the Parties. Criminal Jail Appeal No. 4069 of 2001. Judgment SK Sinha J. - This appeal at the instance of the convict Sheikh Mujibur Rahman alias Rajib Ullah alias Rajibul Islam alias Rajibur Rahman preferred u......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....er section 374 of the Code of Criminal Procedure (Cr.P.C). The reference was numbered as Death Reference No. 65 of 2003 arising out of Druta Bichar Tribunal Case No.2 of 2003. 2. The learned Judge convicted all the accused convicts under sections 302/34 of the Penal Code and sentenced absconding ......convicted all the accused convicts under sections 302/34 of the Penal Code and sentenced absconding convicts Mokammel Hyeath Khan alias Moky and Nurul Islam Sagor alias Tapa Nurul Islam and condemned prisoner Md. Mushfiq Uddin Togar to death and to pay a fine of Taka 10,000 and also sentenced the re..Category: Criminal Law | Date: | Hits: 236
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....For the Respondent. Jail Appeal No. 557 of 2005. Judgment Khondker Musa Khaled J.- This Jail Appeal, at the instance of accused Md. Abdul Mazid, is directed against the judgment and order of conviction and sentence dated 30-4-2005 passed by the learned Additional Sessions Judge, 2nd Court, ...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...Category: Criminal Law | Date: | Hits: 93
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....00 PM on the bank of the Khal at village Debraj under Police Station (shortly PS), Morelganj of District Bagerhat. The killing was the result of a dispute over some money (Taka 19,000) owed by the convict appellants to the victim, and also over a boat along with fishing net which was given to Nas......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....dgment and order dated 26-2-2001 passed by the learned Sessions Judge Luxmipur in Sessions Case No. 12 of 1999 arising out of Raipur PS Case No. 18 dated 29-3-1998 corresponding to GR No. 204 of 1989 convicting the appellant Md. Shahjahan under section 302 of the Penal Code and sentencing him to dea......ipur Hospital where he succumbed to his injury on the same day. 3. The Investigating Officer (PW 15), on completion of the investigation, submitted charge sheet on 16-11-1998 against the condemned prisoner under sections 302/307 of the Penal Code. Thereafter, the condemned-prisoner was placed on ..Category: Criminal Law | Date: | Hits: 96
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....sions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for continuation of the sentence of death imposed upon the accused Abdul Mannan alias Mona Miah, son of Ahsan Ullah on his conviction for the offence punishable under section 10(1) of the Nari-o-Shishu Nirjatan Daman Bishes......ave been heard together and are being disposed of under this Judgment. 2. The prosecution case, in short, is that Ayesha Khatun alias Suma, since deceased, was given in marriage with the condemned-prisoner and after about 2 months of the marriage the condemned-prisoner was given Taka 40,000. Then..Category: Criminal Law | Date: | Hits: 96
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....1995) operative under section 34 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act VIII of 2000) should not be declared to be void, unconstitutional and ultra vires and as to why petitioner No.2 the convicted detenu Md. Shukur Ali, son of late Hashem Mondal of Village-Shibrampur Tepra, Police Stati......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Shahidul Vs. State, 1998, 27 CLC (HCD)
....f Criminal Procedure filed by the accused petitioner Shahidul calling upon the opposite party, State, represented by the Deputy Commissioner, Khulna, to show cause as to why the judgment and order of conviction and sentence dated 28-9-97 passed by the Special Tribunal No.7, Khulna in Special Tribuna......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
.... Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case No.26 of 1996 (Pabna), convicting accused appellant Md. Rowshan Ali under section 409 of the Penal Code read with section 5......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....of Parliament, he is a Standing Committee of the Parliament Affairs, he is also the Leader of the Jatiya Party in the Parliament. 3. While the petitioner was continuing Member of Parliament he was convict criminal case, popularly known as Janata Tower, on 7-6-1993. But he was not declared disqual...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....he Opposite Party. Criminal Miscellaneous Case No. 294 of 2000. Judgment Md. Hamidul Hoque J.- By this Rule, the opposite party was called upon to show cause as to why the judgment, order of conviction and sentence dated 6-9-99 passed by the Special Tribunal No.5, Kishoregonj in Special Tri...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....cell in the Dhaka Central Jail ever since his arrest on 5-7-99, challenging the impugned judgment and order dated 23-6-85 passed by the Special Martial Law Court No. 1, Dhaka in ML Case No. 2 of 1985 convicting him under sections 302/307/109 of the Penal Code and sentencing him to death which was co......thout any evidence at all. The writ jurisdiction will be attracted if the proceedings are coram non judice or mala fide and the writ of habeas corpus will be available for securing the release of the prisoner who has been convicted by a Court Martial in such circumstances." (Underlining is for empha..Category: Criminal Law | Date: | Hits: 52
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....e under section 374 of the Code of Criminal Procedure (hereinafter referred to as the Code) together with Jail Appeal No. 666 of 2002 preferred by condemned prisoner Mukul Swapan against the order of conviction and sentence passed in Sessions Case No. 128 of 2002 on 30-11-2002 by the learned Session......ce being Death Reference No. 64 of 2002 made under section 374 of the Code of Criminal Procedure (hereinafter referred to as the Code) together with Jail Appeal No. 666 of 2002 preferred by condemned prisoner Mukul Swapan against the order of conviction and sentence passed in Sessions Case No. 128 o..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....o. 1880 of 1997 preferred by the appellant Abu Taher Kha are directed against the judgment and order dated 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonme......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....e case by prosecution along with guilty person always look for corroboration of interested testimony in the case with some other independent circumstances in the case to create probable basis to base conviction on the basis of such evidence. Corroboration in such cases may come either from the words......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Judgment Md. Marzi-ul Huq J.- This appeal is directed against the judgment dated 28-7-1983, passed by the learned Additional Sessions Judge, 3rd Court, Comilla in Sessions Case No. 143 of 1983 convicting the appellant Milon alias Shahabuddin Ahmed under sections 302/149 of the Penal Code and ...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
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