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Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....ible for her death and he had been falsely implicated in the case out of oblique motive. After conclusion of the trial, the learned Sessions Judge Moulvibazar, by judgment and order dated 20.9.2003 convicted the petitioner under section 302 of the Penal Code and sentenced him to death and then m......e Code of Criminal Procedure which is a mandatory provision; moreover it is also evident from the record (postmortem report) that the age of the victim was 20 years and so the age of the condemned prisoner may be similar or a bit more and accordingly considering the tender age of the petitioner,..Category: Criminal Law | Date: | Hits: 50
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....8.2002, which is presently the subject matter of Criminal Appeal No. 39 of 2003. These two appeals arose out of Sessions Case No.26 of 1997 of the Court of Additional Sessions Judge (2), Chuadanga convicting the accused under section 302/149 of the Penal Code and sentencing the accused Abdul Azi......tion 374 of the Code of Criminal Procedure was heard along with Criminal Appeal No. 1928 of 1997 and Jail Appeal No. 2069 of 1997 and Death Reference No. 20 of 1997 accepted in respect of condemned-prisoner Monwar Hossain and Sanowar Hossain but that Death Reference of condemned - prisoner ..Category: Criminal Law | Date: | Hits: 35
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....here are cogent grounds for granting bail for a limited period with a direction to prepare paper book out of Court. 3. The accused respondents being tried by Court of Session have been convicted under Section 304 Part-1 of the Penal Code and sentenced to suffer rigorous impriso......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ..Category: Criminal Law | Date: | Hits: 29
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
.... place where victim Saidur Rahman and others were injured. During trial the prosecution examined 20 witnesses and the defence examined none. After hearing the learned Additional Session Judge convicted the petitioner Nos.1-3 under sections 302/34 of the Penal Code and convicted each of......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ..Category: Criminal Law | Date: | Hits: 97
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....Mollah, Advocate for the condemned petitioner submits that the Tribunal as well as the High Court Division erred in failing to consider that the evidence and materials on record do not warrant any conviction for the offence charged against the condemned petitioner and as a result there has been ......petitioner. 3. Having been informed P.W.1 Md. Saidur Rahman Akhter, the brother of the deceased and his father P.W.2 Nasim Sheikh, came to the place of occurrence, the house of the condemned prisoner after about 2 hours and found the dead body of deceased Shefali with some burn injury on h..Category: Criminal Law | Date: | Hits: 86
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....ropolitan Criminal Appeal No. 212 of 2001 allowing the appeal and setting aside the judgment and order dated 01.07.2001 passed by the Metropolitan Magistrate, Dhaka in Petition Case No.3904 of 1998 convicting the petitioner under Section 138 of the Negotiable Instrument Act and sentencing him to ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... father's house. Her elder sister Sehera Begum and her elder brother Sohel leaving the victim alone in their hut went to enjoy drama at the Priprekandi Primary School. At about 11-30/12-00 PM these convict appellants entered into the hut by cutting fencing and tied her mouth and hands and feet a...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..Category: Criminal Law | Date: | Hits: 38
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....j District Pabna at the relevant time was tried by a Summary Martial Law Court under Regulation No. 11 of Martial Law Regulation No. 1 of 1992 for allegedly taking a bribe of TK. 25/- from a party, convicted there under on 14.11.1982 and sentenced to suffer rigorous imprisonment for six months a......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....service made on 29 March 1984 was without lawful authority. A direction was also sought for his reinstatement in service. The respondent alleged that he had been dismissed because of his conviction in the Criminal case and since he was subsequently acquitted of the charge leveled ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....s directed against the judgment and order dated 24.7.1995 passed by a Division Bench of the High Court Division in Criminal Appeal No.573 of 1992 allowing the appeal and setting aside the order of conviction and sentence passed by the learned Sessions Judge, Naogaon in Sessions Case No.70 of 199...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....y a Division Bench of the High Court Division in Death Reference Case No. 4 of 1977 and Criminal Appeal No. 37 of 1977 rejecting the Death Reference and allowing the appeal setting aside the order of conviction and sentence with direction to set the respondent at liberty forthwith. 2. The prosecu......vidence that was adduced, the trial court convicted the accused Haroon u/s 302 B.P.C. and passed the sentence of death. Accordingly, the reference was made under section 374 Cr.P.C. and the condemned prisoner also filed an appeal being Appeal No. 37 of 1977. 4. The High Court on a review of the..Category: Criminal Law | Date: | Hits: 64
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....p;……(7) If an act under both the General law as well as under the Special law constitutes an offence, in such a case it would be more appropriate to prosecute the offender and convict him under the Special Law, if the offence falls strictly within the provisions of the Speci......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ..Category: Criminal Law | Date: | Hits: 59
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....he same was numbered as Death Reference 96 of 2003 before the High Court Division. 10. After being taken into condemned cell the petitioner having learnt about the judgment and order of conviction and sentence on 05.09.2005 preferred a jail appeal being Jail Appeal No. 1056 of 2005. ......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....had. The informant then lodged the F.I.R. 3. Police on completion of investigation submitted charge sheet. The trial Court on consideration of the evidence and other materials on record convicted and sentenced the respondent to death. 4. The High Court Division after hearing r......el Huq alias Kakor was returning from the market after purchasing two heads of cattle. When he reached a field at a place called Nailapukur for Barinda Mouza, he was attacked by the condemned prisoner and his accomplice, namely Abbas Ali, alias Boga. The assailants gave him stab injuries ca..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
.... 27.02.2005 passed by a Division Bench of the High Court Division in Death Reference No. 10 of 2003, Criminal Appeal No. 820 of 2003 and Jail Appeal No. 64 of 2003 rejecting the death reference of convict respondent Md. Jalal Miah and another and dismissed the said appeals with modification of s...... High Court Division miserably failed to sift and evaluate the evidence on record and came to a wrong finding resulting in alteration of sentence of death to imprisonment for life of the condemned prisoner. He further submits that the deposition of the witnesses and other evidence on record conc..Category: Criminal Law | Date: | Hits: 51
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
.... Khatun along with others were put in trial on a charge of committing murder before the Court of Sessions Judge, Sylhet, in Sessions Case no. 12 of 1994 and ultimately one of accused named Abul was convicted and others were acquitted including this appellant Hazera Khatun by the judgment and orde......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ..Category: Criminal Law | Date: | Hits: 42
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....e are directed against the judgment and order dated 17.12.2002 passed by a Division Bench of the High Court Division in Criminal Appeal Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made r......ed the above mentioned appeals and the learned Additional Sessions Judge, 1st Court, Khulna made reference to the High Court Division in respect of sentence of death passed in respect of condemned prisoner Faruque alias Jamai Faruque and another. The High Court Division upon hearing the death re..Category: Criminal Law | Date: | Hits: 45
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....lty the respondent No.1 in the Appeal, who is also the petitioner in the Petition, under section 27(1) of the Anti Corruption Commission Act, 2004 read with section 109 of the Penal Code and has been convicted thereunder and sentenced her to suffer simple imprisonment for 3 (three) years. 5. It ......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...Category: Criminal Law | Date: | Hits: 51
Simon Singh Vs. State, 2008, 37 CLC (AD)
....ch of the High Court Division accepting the Death Reference No.12 of 2003 upon dismissing Criminal Appeal No. 284 of 2003 and Jail Appeal No.115 of 2003. 2. The learned Sessions Judge, Sylhet upon convicting the petitioner under Section 302 of the Penal Code and sentencing him to death in Session......volved: A.B.M. Bayezid, Advocate-For the Petitioner. Mohammad Ali, Deputy Attorney General-For the Respondent. Jail Petition No. 07 of 2007. Judgment Md. Hassan Ameen J.- The condemned-prisoner seeks leave to appeal by filing petition from jail against the judgment and order dated 14-..Category: Criminal Law | Date: | Hits: 47
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
....02-2001 passed by this division in Criminal Petition for Leave to Appeal No. 101 of 2000 dismissing the same being not maintainable. 2. The facts, leading to this petition, are that the convicted petitioners filed criminal petition for leave to appeal being no.101 of 2000 against the ...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..Category: Criminal Law | Date: | Hits: 44
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