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Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......sfied with the judgment and order of the trial Court, the leave petitioners moved the High Court Division by filing Criminal Appeal No.3399 of 2001. The learned Judges of the High Court Division upon hearing both the sides by the judgment and order dated 16-7-2008 affirmed the conviction and sentenc..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......sfied with the judgment and order of the trial Court, the leave petitioners moved the High Court Division by filing Criminal Appeal No.3399 of 2001. The learned Judges of the High Court Division upon hearing both the sides by the judgment and order dated 16.97.2008 affirmed the conviction and senten..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......ome aspects of the question remained unno­ticed; or (b) if the attention of the Court was not drawn to any relevant and material statutory provisions; or (c) if any previous decision of the Court hearing on the point was not noticed; or (d) if the decision was clearly erroneous; or (e) if the de..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......ht to trial in respect of cases triable by a court of Sessions and by a court of Magistrate. These two Sections indicate that when an accused is brought for trial before a court of law the court upon hearing the parties and on consideration of the record of the case and the documents may discharge t..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......cution examined nine witnesses and withheld 11 witnesses. 11. After recording evidence, the trial Court examined the appellant under section 342 of the Code of Criminal Procedure. 12. After hearing the learned Advocates of both the parties, the learned Sessions Judge, Meherpur convicted th..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......iction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law. But this court is not hearing an appeal against conviction nor is called upon to assess the evidentiary value of the afore..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......save her life, but the appellants enjoyed her death standing on the bank of the pond and thus, they ensured her death. At that time, the witnesses: Nayan, Shohag, Rana and Fuad raised hue and cry and hearing their cry, other people also came and they got down in the pond to rescue Trisha, but they f..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ...... moved an application for bail through his Advocate before the said Magistrate, Md. Abul Kalam Azad, brother of the complainant but it is very unfortunate that on that day i.e. on 28.12.2010 after hearing the application did not pass any order of bail i.e. did not grant bail or did not reject th..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......f 1989 before the High Court Division. While the said appeal was pending the petitioner was enlarged on bail by an order dated 28-8-1991. Eventually, a Division Bench of the High Court Division after hearing the appeal by its Judgment and order dated 22nd and 23rd September, 1992 dismissed the same ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......ct which could not be resolved in summary proceedings under article 102 of the Constitution. Hence the Rules were liable to be discharged. 9. A Division Bench of the High Court Division after hearing analogously the above mentioned six writ petitions along with three other writ petitions (W..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......onvict, Monir filed Criminal Appeal No.2472 of 2002 and convicts: Shafiqur Rahman @ Shafique and Abdul Mannan filed Criminal Appeal No. 2542 of 2002. A Division Bench of the High Court Division after hearing the death reference along with the appeals by the impugned judg­ment and order accepted ..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ......of complainant leads to acquittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearing of the case, unless for some reasons he thinks proper to adjourn the hearing of the case to ..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......e revi­sion petition that the sentence awarded by the appel­late Court was inadequate and in that case only the High Court 'Division by giving notice and providing all fair opportunity of hearing the accused enhance the sentence under sub-section (6) of section 439. This subsection provi..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......o.2 preferred Criminal Revision No.54 Of 1996 under section 439A the Code of Criminal Procedure before the learned Sessions Judge, Rajbari and the same was taken up by the learned Sessions Judge, for hearing on 26-08-1997 and on perusal of the record disposed of the Criminal Revision by allowing the..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......riminal Appeal No. 725 of 2001 and Jail Appeal No.819 of 2001. Appellant No.3 along with 7(seven) other con­victs filed Criminal Appeal No.770 of 2001. A Division Bench of the High Court Division hearing the death reference along with the said appeals disposed of those in the manner as stat­..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....r. Rezaul Haque against the accused-petitioner No.2 and others after tragic demise of his minor son named SM Akash. On 30.04.07 the 10 years old son of the informant fell ill due to fever. After preliminary treatment he was not recovered and was taken to the out door of the Jhinaidha District H......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Somed Ali Vs. State, 2011, 40 CLC (AD)

....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ...... which was registered as Death Reference No.129 of 2003. The petitioner also filed Jail Appeal No.614 of 2003 before the High Court Division. 7. A Division Bench of the High Court Division after hearing the death reference and the jail appeal analogously by the impugned judgment and order accep..

Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27

Jakir Hazi Vs. State, 2011, 40 CLC (HCD)

....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......that the accused-petitioner although on 18-1-2009 filed an application under section 241(A) of the Code of Criminal Procedure for discharging him. But the Metropolitan Magistrate on 15-4-2009 without hearing the said application framed charge against the petitioner and two others. 8. The accuse..

Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......titioners and issued process by order dated 13-11-1993. Being aggrieved, the accused-petitioners preferred Criminal Revision No.153 of 1993 before the Court of Sessions Judge, Narayanganj, who, after hearing the parties, by order dated 27-1-1994, rejected the same. Thereafter, the accused-petitioner..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Kazol and others Vs. State, 2011, 40 CLC (HCD)

....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ...... from the trend of cross examination of the P.Ws that the case was false and they were implicated falsely in this case due to enmity. 7. Considering the deposition of the prosecution witnesses and hearing the parties, the learned Additional Sessions Judge, Manikgonj convicted and sentenced the ac..

Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48