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Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......ioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Shapiro Vs. Thompson, (1969) 394 US 618; Ebrahim Vazir Vs. Bombay, AIR 1954 SC 229; Kent Vs...... the passport can deprive him of his right. 17. In this gesture we may emphasis on article 32 of the Constitution. Article 32 reads:— "32. No person shall be deprived of his life or personal liberty except according to procedure established by law." 18. If the rig..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......dent Judgment January 9, 2013. Result: The appeal is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts......also sustained injuries. The learned Sessions Judge convicted all the appellants except the appellant No.5 Shamim Shah under sections 302/34 of the Penal Code and sentenced them to imprisonment for life with fine and the appellants Habibur Rahman Shah, Fazlu Shah @ Fazlu and Shamim Shah @ Shamsu ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......gth of period spent 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 conside......ue to no fault of his own. Thus the length of period by now can be taken as a circumstance, when there are other extenuating circumstances, to commute the sentence of death to one of imprisonment for life"………(26) Cases Referred to- State Vs. Kalu Bepari, 43 DLR 24..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......istration and Control) Ordinance, (Ordinance No. XLVI of 1961) 1961 Lawyers Involved: Taimur Alam Khondaker, Advocate in person—For the Petitioner. Titus Hillol Rema, Assistant Attorney-General—For the Respondent No. 6. Writ Petition No. 8987 of 2012. Judgment ......Ł পরিষদ) and Executive Council (কার্যনির্বাহি পরিষদ) 4. The powers and functions of the General Council is constituted with the founder, general and life time members; and amongst others, it is to hold election of the Executive Council in every 3 (t..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... decision can not be re-heard and corrected. A review lies where an error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error......e High Court Division in First Miscellaneous Appeal No.199 of 2005 dismissing the appeal with modification of sentence debarring the respondent No.1 from pursuing his legal profession permanently for life to a period of 5(five) years in any Court in Bangladesh. 2. The appellant as complainant i..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: .........Petitioner Vs The State.…………………………..............Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222......He finally submits that the petitioner is a young man aged about 25 years and should be treated with leniency. He therefore prays that the sentence of death may be modified to one of imprisonment for life. 9. Mr. Md. Shohrowardi, the learned Deputy Attorney General appearing on behalf of the S..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......….....................................Respondent Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the...... Crown reported in 4 DLR (FC) 53. 15. In a last-ditch attempt, Mr. Md. Afzal Hossain prays for commutation of the death sentence imposed upon the condemned-appellants Shahid and Khorshed to life-term imprisonment inasmuch as, their participation in the actual commission of the criminal act..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....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. ......t he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; ......02 of the Penal Code for causing the death of his wife Nilufar Rashid on 2nd November, 1992 at around noon. According to the prosecution story, the victim and the respondent were leadÂing conjugal life in an apartment at Uttar Bashabo. On the day of occurrence, in the morning the respondent wen..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... 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.......at he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption that no person will make a statement against his interest unless it is true; ......302 of the Penal Code for causing the death of his wife Nilufar Rashid on 2nd November, 1992 at around noon. According to the prosecution story, the victim and the respondent were leading conjugal life in an apartment at Uttar Bashabo. On the day of occurrence, in the morning the respondent went..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......hellip;……………………....Convict-appellant Vs. The State ………......................The Respondent Judgment October 18, 2012. Result: Death Reference No.36 of 2007 is rejected. Criminal Appeal No......e treated as substantive evidence of the facts stated therein." Secondly: The absconsion of the accused soon-after the occurrence cannot be an inference of guilt inasmuch as for the fear of life and prestige, a person may be absconded for sometime. In support of their contentions they refe..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Tapan and others Vs. State, 2012, 41 CLC (AD)
....ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ficial in nature. As there is no conclusive evidence as regards, the principal assailant we are of the view that the ends of justice would be met if the sentence of the petitioners is commutated to imprisonment for life………………(7) Lawyers Involved: ...... As there is no conclusive evidence as regards, the principal assailant we are of the view that the ends of justice would be met if the sentence of the petitioners is commutated to imprisonment for life………………(7) Lawyers Involved: Khondaker Mahbub..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
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. ...... Mere delay in recording the statements of the prosecution witness under section 161 of the Code of Criminal procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting................................(13) Lawyers Involved: Md. Naw......essions Case No.110 of 1994 arising out of Bhangoora PS Case No.2/31 dated 15-11-1993 convicting them under sections 302/34 of the Penal Code and sentencing them thereunder to suffer imprisonment for life and directing each of them to pay a fine of Taka 3,000 only, in default, thereof each to suffer..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: ......an Khalifa and others..........Petitioners Vs. The State......................................Respondent Judgment August 6, 2012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petiti......sions Case No.110 of 1994 arising out of Bhangoora P.S. Case No.2/31 dated 15.11.1993 convicting them under sections 302/34 of the Penal Code and sentencing them thereunder to suffer imprisonment for life and directing each of them to pay a fine of Tk.3,000/- only, in default, thereof each to suffer..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. ...... Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar Vs. King Emperor, AIR 1940 PC 176; B...... alias Osmannya, Ali Akbar @ Didarul Alam @ Didar, Zillur Rahman @ Zillur, Zahid Hossain @ Kiron and Md. Siddique under section 302/34 of the Penal Code and sentenced each of them to imprisonment for life, and found the appellant along with two others not guilty of the charges relying upon their con..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observaÂtions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......han and others………………….......Respondents Judgment August 1, 2012. Result: The appeals are allowed. Public Interest Litigations (PILs) when to prefer The filing of PIL petition is essentially meant to protect basic human rights of t......cies. g) petitions pertaining to environÂmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life. h) petitions from riot victims………………………………(38) St..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ...... Lawyers Involved: Shamsuddin Ahmed Babul, Advocate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court......No.1147 of 2001 correÂsponding to Lakshmipur Police Station Case No.37 dated 19.12.2001 convictÂing this accused appellant under section 302 of the Penal Code and sentencing him to imprisonment for life and also to pay fine of Tk.20,000/-, in default, to suffer rigorous imprisonment for 3 (three) ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....mdash; "Things done in private defence— Nothing is an offence which is done in the exercise of the right of private defence." Section 97 of the Penal Code:— "Right of private defence of the body and of property—Every person has a right, subject to the ......t be made a subject matter of partition which means that no dual policy can be accepted regarding confession. It should be either believed or disbelieved as a whole. ........ (51) Cases Referred to- Noor Mohammad Vs. State, 38 DLR 111; Basir Kha Vs. State, 50 DLR 199; Nurul Islam alias Nur......R No.228 of 1996 arising out of Meherpur PS Case No.13 dated 22-9-1996 convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. 2. On a First Information Report lodged by P.W.1 Abdul Mannan Mr.idha brother of the vict..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......e and Parliamentary Affairs and others..................................… Respondents Judgment July 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance V...... that Judicial mind must be vigilant to resist.” It is the duty of a Judge to say what the law is, and not what it ought to be. Coke's observation is “Truth is mother of Justice and Reason is the life of law”. 23. Article 78(1) of the Constitution says; “The validity of the proceeding in..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......lt: The petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.367 of 2009 (From the judgment and order dated 27.01.2008 passed by the High Court...... death sentence awarded to this present accused-petitioner Jamat Ali. The High Court Division commuted the death sentence of the other accused Md. Mokbul Hossain alias Mokbul to imprisonment for life. 4. The prosecution case, in short, was that on 18.10.2001 at about 5.30 Md. Fazlul Haque-..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......……..........................Respondent Judgment July 22, 2012. Result: Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Case Referred to- Gregg Vs. Georgia, (1976) 428 U.S. 153. Lawyers Involved: A. B. M. Bayezid, Advo......ndemned-prisoner is considered, it appears that he had no involvement in any criminal case in the past and that considering the age his sentence of death should be commuted to one for imprisonment of life. 12. Mr. Md. Shohrowardi, learned Deputy Attorney General, appearing on behalf of the Sta..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
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