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Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
....he aforesaid provision of Article 49 of the Constitution, he argued that the President in exercise of his power under the aforesaid Article 49 could impose any condition and it is up to the convict to accept or not to accept the condition and the question of violation of fundamental &...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....mits that the High Court Division committed an error of law, inasmuch as the High Court Division has erroneously taken the view that under section 26(2) of the ACC Act the Commission has the power to convict an individual who fails to submit a statement of assets, or submits a statement of assets wh...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ..Category: Anti-Corruption Laws | Date: | Hits: 144
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
....th Criminal Appeal No.2798 of 2003 and Jail Appeal No.842 of 2003) holding that although the whole case was placed before him, he will confine the hearing only on the aspect of sentence and not on conviction. 2. The facts of the case need not be stated. 3. It appears that by the imp......ing and the accused is in condemn cell. The 3rd Judge ought to have decided the case finally instead of entertaining a preliminary issue on the mode of disposal of the matter keeping the condemned prisoner in condemn cell. This procedure cannot be approved. The 3rd Judge has not given his &lsquo..Category: Criminal Law | Date: | Hits: 52
Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)
....sed by the Divisional Special Judge, Chittagong in Special Case No.29 of 1994 and 7 of 1996 arising out of G.R. Case Nos.36 and 35 of 1992 corresponding to Khagrachari P.S. Case Nos.5(8)92 and 4(8)92 convicting the accused petitioner under sections 409/468/109 of the Penal Code and section 5(2) of t......arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ..Category: Anti-Corruption Laws | Date: | Hits: 117
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....secution produced five witnesses while none was examined on behalf of the defence. Additional Sessions Judge, 2nd Court and Special Tribunal No.3, Kushtia in consideration of the evidence on record convicted the accused petitioner under Section 19A and 19(f) of the Arms Act read with Section 26 o......ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 24
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....red to the Special Martial Law Court No.4, Comilla by the Zonal Martial Law Administrator, Zone-D, Comilla for trial (vide Index Nos.7 and 8). The Special Martial Law Court No.4, Comilla upon trial convicted the appellant and co-accused Md. Hossain and Md. Yakub and sentenced each of them to imp...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....hy;orous imprisonment and also to pay a fine of Tk. 10,000/-, in default, to suffer rigorous imprisonment for five months more. 7. The Tribunal having passed the aforesaid order of conviction and sentence by judgment dated 19.3.2003 made the reference for confirmation of dea......f 2003 and Jail Appeal No. 190 of 2009). Judgment Md. Joynul Abedin J. - The condemned prisoners, Md. Kabir Hossain, Nannu Miah and Jahirul Islam alias Bhutto by filing separate jai..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
..../30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 by the Nari-O-Shishu Nirjatan Daman Tribunal-1, Chuadanga, to which they pleaded not guilty and claimed to be tried. 6. All the convicted accused persons were not present on dock at the time of framing charge on 17.03.2002 but ......, in short, are that Most. Minuara Khatun (15), sister of informant P.W.1 Md. Motaleb Hossain, was a student of Class-IX of Nilmaiiigonj High School, who developed love affairs with condemned prisoner Minarul Islam @ Mina and they got themselves married on the basis of a kabinnama at Dhamur..Category: Criminal Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......at he was in Pakistan defence service and during 1971 he was posted at Dhaka Cantonment and surrendered with Pak Army to the Joint Command of Liberation Forces on 16.12.71. He was taken to India as prisoner of war and later he was sent to Pakistan where he was serving in the defence force and he ..Category: Civil Law | Date: | Hits: 119
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
....itions for leave to appeal are directed against the common judgment and order dated 06.08.2006 passed by a Division Bench of the High Court Division in Criminal Appeal No.3712 of 2003 preferred by convict-appellants, (1) Md. Ruhul Amin, (2) Ali Hossain @ Bete Ali, (3) Md. Selim & (4) Md. Jah...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..Category: Criminal Law | Date: | Hits: 36
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....Sessions cases by application of evidence act with right of appeal before identical appellate forum of the Supreme Court, the High Court Division had no speedy mode and manner of trial terminating in conviction, sentence or Judgment or acquittal as the case may be and that in the purview of speedy t......g in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of equality before law or equal protection of law, rather it ensures ..Category: Criminal Law | Date: | Hits: 59
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....6. The prosecution examined 12 Pws. all of whom were cross examined by the defence. The defence however did not examine any witness. 7. The Special Tribunal by its judgment dated 23-10-1993 convicted the respondent under Section 19(a) and 19(f) read with Special Powers Act and senten......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..Category: Criminal Law | Date: | Hits: 24
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....f the Penal Code. 3. Defence plea was one of innocence and false implication. 4. The prosecution examined 19 witnesses in the case. The trial Court on consideration of the materials on record convicted accused Salim, Azahar and Nasir under section 302/34 of the Penal Code and sentenced eac......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..Category: Criminal Law | Date: | Hits: 26
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
.... by the High Court Division in Death Reference No. 25 of 2001 heard with Criminal Appeal No, 2089 of 2001 and Jail Appeal No. 2268 of 2001). Judgment Amirul Kabir Chowdhury J. - The convict-petitioner Abu Sayed (Saked) seeks leave to appeal against the judgment and order dated 7-1......"A death sentence is imposed when the murder is committed in a brutal manner or when the nature of the crime is ghastly. In that view of the matter, the sentence awarded the condemned prisoner Abu Sayed appears to us harsh and therefore, we are of the view that ends of justice will..Category: Criminal Law | Date: | Hits: 99
Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)
....nd causing disappearance of evidence by concealing the dead body. The prosecution case, in short, was that the aforesaid Raisuddin came to visit his relative Abu Taher the informant on 09.09.1989; convict petitioner Army Habilder Abdul Gafur went to his house and took away his uncle Raisuddin to......judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....the Code of Criminal Procedure was made by the learned Additional Sessions Judge, Sirajganj for confirmation of the sentence of death awarded to the condemned-prisoner, Abdur Rahim alias Panta convicting him under Section 302 of the Penal Code and sentencing him to death in Sessions Case No.......l Code and sentencing him to death in Sessions Case No.44 of 1999 by the judgment and order dated 28-07-2002 and the appeals (one regular appeal and one jail appeal) were preferred by the condemned-prisoner against the said judgment and order of conviction and sentence. The Reference and appeals..Category: Criminal Law | Date: | Hits: 44
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....d by the judgment and order dated 24-03-2002 passed by the Additional Sessions Judge. Lalmonirhat in Criminal Appeal No.2 of 2002 upon dismissing the appeal and affirming the judgment and order of conviction and sentence dated 23-01-2002 passed by Magistrate, 1st Class, Lalmonirhat in G. R. No. ......ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ..Category: Criminal Law | Date: | Hits: 45
Nantu Vs. State, 2007, 36 CLC (AD)
....) seeks leave to appeal against the judgment and order dated 21st August, 2005 passed by a Division Bench of the High Court Division in Criminal Appeal No. 2057 of 2001 dismissing the appeal of the convict-petitioner and those of 15 co-accused while allowing the appeals of 4 other co-accused aga......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ..Category: Criminal Law | Date: | Hits: 37
Malek Gharami Vs. State, 2007, 36 CLC (AD)
....o. 901 of 1998 dismissing the same. The said appeal was filed against the judgment and order dated April 2, 1998 of the Court of Additional Sessions Judge, Madaripur in Session Case No. 10 of 1996 convicting the petitioner Malek Gharami under Section 302 of the Penal Code and sentencing him to s...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ..Category: Criminal Law | Date: | Hits: 38
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....ourt Division in Criminal Appeal No.870 of 1995 confirming the judgment and order dated 30.4.1995 passed by the learned Additional Sessions Judge, 1st Court, Satkhira in Sessions Case No.23 of 1990 convicting him under sections 302/34 of the Penal Code and sentencing him to suffer imprisonment fo......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ..Category: Criminal Law | Date: | Hits: 41
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