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Abed Ali Vs. State, 1990, 19 CLC (AD)
....efore, it canÂnot in any manner be brought within four corners of the 1st Exception of section 300 of the Penal Code." We have, therefore, to proceed on the basis that the appellant has been rightly convicted for the offence of murder. Indeed we have accepted the concurrent finding of the trial Cou......ivision (Criminal) Present: MH Rahman J ATM Afzal J MusÂtafa Kamal J Latifur Rahman J Abed Ali……………………………………………………………...Condemned prisoner-Appellant. Vs. The State……………………………………………………â..Category: Criminal Law | Date: | Hits: 65
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....ed this appeal against the judgment and order dated 24.04.2000 passed by a Single Bench of the High Court Division in Criminal Revision No. 667 of 1997 making the rule absolute in part maintaining conviction of the appellant under sections 467/468/109 of the Penal Code but modifying the sentence......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
.... and that after investigation charge sheet was submitted accordingly. The case being sent for trial, the learned Special Tribunal No.6 and Additional Sessions Judge, Comilla examined witnesses and convicted accused petitioner Zakir Hossain and co-accused Ohidul Alam under Section 19A of the Arms......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....led by the petitioner from Manikgonj jail, which were heard and disposed of together by the High Court Division accepting the death reference and dismissing the aforesaid jail appeal affirming the conviction and capital sentence awarded under section 302 of the Penal Code. 2. The short ......ellip;……….Respondent Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 106 The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onu..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
...., Jessore was arrested on 6-3-83 in connection with Kalia P.S. Case No.5 of 1982 and was suspended on 29-4-83 with effect from 6-3-83 under Rule 73 of Bangladesh Service Rules, Part I. He was convicted by Summary Martial Law Court No. 19 in Summary Martial Law Case No. 105 of 1982 arising o......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....ection 326 and accused Mohir, Sumon, Jharna, Shikha, Sobhan (Sohrab) were also charged under section 323 of the Penal Code. All the accused persons were tried in absentia. 4. The trial Court convicted all the remaining accused persons to imprisonment for life and also a fine of Tk. 5,000/......eaving the Honda there, they along with P.W.5 started on foot for the house of her maternal grandfather (Nana Shashur) at village Ramgoti for the purpose of salish over a dispute between condemned prisoner Joynal Fakir and his brother Mohir Fakir. When they reached in front of the house of conde..Category: Criminal Law | Date: | Hits: 36
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....court, the victim or her mother deposed nothing against the petitioner and the statement, if any, made before the police or ever before a Magistrate cannot legally be relied on to pass an order of conviction inasmuch as no witness deposed to that effect in the court and that P.W. 4 the Medical O......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 57
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o appeal against the judgment and order dated 21.06.2005 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1716 of 1994 allowing the appeal in part, altering the order of conviction of the petitioner from Sections 302/34 of the Penal Code to Section 304 Part-I of the Co......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....nder sections 409/467/468/ 201 of the Penal Code and after investigation charge sheet was submitted and the case was thereÂafter sent for trial and the learned Special Judge after recording evidence convicted four accused including the petitioner and aforesaid Majibul Hoque. Appeals were filed befo...... 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: ..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and anothÂer Vs. State, 2006, 35 CLC (AD)
.... Judgement: Amirul Kabir Chowdhury J.- Mizanur Rahman alias Mithu and Masud Uddin alias Md. Masud Uddin alias Badal, the two convict petitioners seek leave to appeal against the judgment and order dated 30.04.2003 passed by ......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....Division in Criminal Appeal No. 283 of 1998) Judgment: Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal App......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. ..Category: Criminal Law | Date: | Hits: 43
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....Division Bench of the High Court Division dismissing Criminal Appeal No.1748 of 2000 thereby affirming the Judgment and 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 su......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. ..Category: Criminal Law | Date: | Hits: 52
Shahabuddin Vs. State, 2006, 35 CLC (AD)
....spondent was present in court till examination of P.Ws.1, 2 and 3 and being relapsed on bail he absconded 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 ri...... 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. ..Category: Criminal Law | Date: | Hits: 45
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
.... Syed J. R. Mudassir Husain J. - Criminal appeal Nos. 14, 15 and 16 of 2001 has been filed respectively by convict appellant Farukur Rahman @ Farook, Sazzad Shaheen @ Prince, Miraj Hossain against the judgm......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ppeal 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 of the Penal Code and sentence of imprisonment for life dated 22-4-199......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....0) Judgment: Amirul Kabir Chowdhury J.- Habibur Rahman alias Habu and six other convict petitioners seek leave to appeal against the judgment and order dated 11.05.2003 passed by ......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. ..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....false implication. 4. The prosecution produced 17 witnesses while the defence did not adduce any evidence. The learned Sessions Judge, Narail by the judgment and order dated 26.11.1991 convicted the appellant Moniruzzaman Kazi @ Thanda Kazi and Sarwar Hossain Mollah @ Chhore Molla un......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
..... 2. By the aforesaid judgment the High Court Division rejected the Death Reference and allowed the appeals in part. The High Court Division commuted the sentence of death passed in respect of the convicts Idris Ali Sheikh alias Gandu Sheikh and Samad Mollah (member) alias Abdus Samad Khan to rig......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....l Appeal No. 23 of 1986. Judgment MH Rahman J.-This is an appeal by special leave against the judgment and order dated 9th January, 1985 of the High Court Division, Rangpur Bench confirming the conviction of the appellants and the sentence passed on them by the Additional Sessions Judge, Rangp......s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....akÂing an order of detention, a “reasonable cause to believe" that such detention was necesÂsary. Lord Atkin, however, in his dissenting speech, observed that every imprisonment without trial and conviction was prima facie unlawful and that the burden was upon the detaining authority to justify ......question of such legality, has not made much impression upon them. It seems, there has not been adequate appreciation of their duty, not only to show that the grounds of detention communicated to the prisoner are relevant and not vague, uncertain or illusory, but also to show that there were in fact..Category: Constitutional Law | Date: | Hits: 408
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