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S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
....the judgment and 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: ...... 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...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J S. M. Emdadul Hossain (Bulbul).................................Petitioner Vs. Jinnur Hosain and another.........................Respondent Order: August 8, 2004. Result: Leave is ..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....case is now pending, has already written to the appropriate authority for sanction as required under section 6(5) of the Criminal Law Amendment Act before framing of charge against the accused persons. It is now well-settled that proceeding of a case starts with framing of charge. So we f......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......awyers 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 the High Court Division in Criminal Miscellaneous Case No. 163..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....eave to appeal against the judgment and order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987 allowing the appeal in part modifying the sentence of Rigorous Imprisonment of 7 (seven) years under sections 409 and 467 of the Penal Code to run concurrently instead ...... 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......k, 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 High Court Division in Criminal Appeal No. 777 of 1987) ..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....used petitioner Mizanur Rahman alias Mithu and Shaheen Faraji under Section 326A read with sections 34 and section 457 of the Penal Code but altering the sentence of the death to that of imprisonment for life and awarding no separate sentence under section 457 of the Penal Code and setting ......t Division failed to consider that the G.D. dated 08.09.1994 was lodged first in point of time which did not contain the name of accused petitioner Masududdin alias Badal but it was added in the so-called FIR lodged afterwards on 10.09.1994 along with 3 other new accused. This after though addi&s......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......rt Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mizanur Rahman alias Mithu and another……....Petitioner Vs The State………&h..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. ......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...... 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 the High Court Division in Criminal Appeal No. 1250 of 1996) ..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....e 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 imprisonment for life and pay a fine of Tk. 5,000/00 and in default to suffer rigorous imprisonment for ......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......Judgment: Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal Appeal No. 283 of 1998 by a Division Bench of the High..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....ss and that in view the respondent No.1 was made a partner of 30% share of the said business of the petitioner and thereafter the parties executed a partnership deed on 12-12-2002; the petitioner also executed a power of Attorney on 28-12-2002 in favour of respondent No.1 and appointed him as his......ntering Caveat for the respondent No. 1, on the other hand, contended that the High Court Division having considered the materials on record rightly passed the impugned order and no interference is called for by this Division. 10. We have perused the records and considered the submissions ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyer..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
.... order passed by the learned Additional Sessions Judge, 2nd Court, Narayangonj convicting the accused petitioner under Section 394 of the Penal Code and sentencing him to suffer rigorous imprisonment for 14 (fourteen) years and to pay fine of TK. 5,000/- in default, to suffer rigorous impri......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......rs 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 the High Court Division in Criminal Appeal No. 1784 of 2003 ..Category: Criminal Law | Date: | Hits: 52
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....als of land gave pattan to Anil Ranjan in 1335 B.S, who in turn gave the said 0.70 decimals of land to Monindra Nath Pramanik by way of pattan and delivered possession. Monindra Nath Pramanik sold 0.70 decimals of land to the plaintiffs by kabala dated 17.1.1977. 3. Defendant No.4 ......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...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and others.....Respondents Judgment May 17, 2005. Lawyers Involved: ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
.... Md. Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment dated December 8, 1997 of a Single Bench of the High Court Division in Civil Revision No. 2419 of 1990 making the Rule absolute upon reversing the judgment and decree dated March 15, 1990 of the Court of Additional Distr......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 ......t any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....................Appellant vs Enamul Huq Sarker and ors.....................Respondent Judgment March 8, 2006 Lawyers Involved: Shamsul Huq Sarker(in person)-For the Appellant Not represented-Respondents Civil Appeal No. 131 of 2001 ...... he preferred Title Appeal No. 3 of 1988 before the learned District Judge, Chandpur. The appeal was fixed for hearing on 4.11.1991 on which date the appellant was found absent when the appeal was called on for hearing. The learned District Judge then asked the appellant to show cause as to why ......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ...... Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Shamsul Huq Sarker...............................Appellant vs Enamul Huq Sarker and ors.....................Respondent Judgment March 8, 2006 Lawyers Involved..Category: Procedural Law | Date: | Hits: 70
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....rt with Shirajdikhan Police Station in the District of Munshiganj stating, inter alia, that on 29.08.1994 while Hashimunnessa Khanam elder sister of his wife Dr. Fatema Khanam and Ataur Rahman Toni son of Hashimunnessa Khanam were going to Gudaraghat from their house at Goperpur the accused resp......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......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 passed by the High Court Division in Criminal Appeal No. 527 of 2000 an..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
.... and order dated 13.07.1996 found the petitioners and three others guilty of the offence and sentenced accused petitioner No.1 Dulal under sections 336/34 of the Penal Code to suffer rigorous imprisonment for four years and pay fine of TK.5000/- in default, to suffer rigorous imprisonment for 6 ......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...... Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dulal @ Md. Dulal Talukder and another.............Petitioner Vs The State...........................Respondents..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... thereafter. Be that as it may the learned Special Tribunal After concluding the trial convicted the accused petitioner under section 19(a) of the Arms Act. He sentenced him to suffer rigorous imprisonment for 10 years by judgment and order dated 12.06.2001. The accused petitioner remained in as...... 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......s 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 the High Court Division in Criminal Miscellaneous Case No. 12..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....owry and started assaulting the informant now and then on one day in the course of such assault the baby daughter fell from the lap of the informant and received injury and informant herself also became senseless. After the mother of the informant came to know about this incident, she got th......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 ......tafa, 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 the High Court Division in Criminal Revision No. 1156 of 2..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
....rder dated 26.4.2003 passed by a Division Bench of the High Court Division Criminal Appeal No.1127-of 1998 allowing the appeal in part by reducing the sentence of appellant No.1 from imprisonment for life to 10 years and a fine of TK. 10,000/- in default to suffer rigorous imprison...... 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 ......Court Appellate Division (Criminal) Present: K. M. Hasan C J Mohammad Fazlul Karim J Md. Hamidul Haque J Md.Tafazzul Islam J Samar Uddin and another...........................Petitioner Vs The State……&hellip..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
.... guilty 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 ......10 (Investigating Officer), P. W.7 Dr. Asadul Huq is the recorder of the dying declaration of the victim Abdul Wahed (Ext.4) because of precarious condition of the victim, a Magistrate could not be called, but (P.W.10) the investigating officer contradicted himself stating that he himself recorde......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...... Deputy Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on- Record-For the Respondents (In Crl. A. No. 15-16/2001) Criminal Appeal No. 14-16 of 2001 (From the Judgment and Order dated 9th December, 1998 passed by the High Court Division in Death Reference No. 22 of ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....000 passed 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...... Ayenuddin of his village approached him and told that Selima Begum, wife of the informant's cousin Shafiqul Islam entered into the informant's house at 9 A. M. for taking water from tube well and called by the name of his eldest son but having no response from anybody she entered into the house......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......r the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No.13 of 2002 (From the Judgment and Order dated 14th November, 2000 passed by the High Court Division, in Criminal Appeal No.772 o..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....ising out of Bogra P. S. Case No. 10 (2) 96 dated 5.2.1996 convicting accused-petitioner under Section 25 (B)(2) of the Special Powers Act 1974 and sentencing him to suffer rigorous imprisonment for 1 (One) year and also to pay a fine of Tk. 500/- (five hundred) each and in default to ...... 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......awyers 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 by the High Court Division in Criminal Appeal No. 557 of..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....ng the judgment and order of the Sessions Judge, Kishoreganj, in Sessions Case No. 100 of 1984 convicting the accused petitioners under sections 302/34 of the Penal Code and sentencing them to imprisonment for life and to pay fine of TK. 10,000/- (ten thousand) each, in default, to suffer rigorou......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 ...... Appellate Division (Criminal) Present Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Habibur Rahman alias Habu and others......................Petitioner Vs The State...........................Category: Criminal Law | Date: | Hits: 31
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