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Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ppeal are that the appellants filed the above noted writ petition before the High Court Division under Article 102 of the Constitution of Bangladesh calling in question the legality of the order of conviction passed by the Appellate Tribunal on setting aside the order of acquittal passed by the ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... out within a few hours after the sentence has been awarded. These considerations cannot be ignored in determining whether the Common Law rights of an appeal to His Majesty-in-Council ever applied to convictions recorded by Courts Martial. 17. In English jurisdiction, we find cases which need to......bunals constituted by act of Congress cannot be reviewed by civil courts in mandamus proceeding or otherwise. 20. In Burns vs. Wilson, 344 US 137-97 Lawyers Edn. 1508, the facts are that military prisoners found by courts martial guilty of rape and murder, applied for habeas corpus, alleging tha..Category: Constitutional Law | Date: | Hits: 327
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
....2, Gulshan Model Town, Dhaka for one month or till disposal of the Rule whichever is later. 2. The short fact leading to this petition is that, aforesaid detenu was previously convicted by the 2nd Additional Sessions Judge and Special Judge, Dhaka in Special Case No.11 of 1......hereafter the order of detention was passed. From the judgment of the High Court Division it appears that it is in the back of mind of the Judges that a person who was in custody of the State as a prisoner cannot be a factor for deterioration of law and order if he comes out of jail and thereaft..Category: Criminal Law | Date: | Hits: 66
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
.... dismissing the Criminal Appeal No. 1253 of 1997 preferred against the judgment and order dated 25th June. 1997 of the Court of Additional Sessions Judge, Jhalokati in Sessions Case No. 14 of 1991 convicting the petitioner under sections 302/34 of the Penal Code and sentencing him to imprisonmen......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ..Category: Criminal Law | Date: | Hits: 76
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....peal is against Judgment and order dated 21st January, 1998 passed by a Division Bench of the High Court Division in Criminal Appeal No. 850 of 1992 dismissing the appeal and affirming the order of conviction and sentence passed by the learned Sessions Judge, Sherpur in Sessions Case No.11 of 199...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..Category: Criminal Law | Date: | Hits: 52
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....ed gold in view of the positive finding in the previous trial that the gold in question was not proved to have been recovered from his possession. 4. The doctrine of previous acquittal or previous conviction known in English Common Law as autre fois acquit or autre fois convict has been embodied ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....lasuddin Ahmed and his son Ehsanul Huq @ Tunu and for attempted murder of Ekhlasuddin's nephew P.W. 2 BM Sukur Ali @ Pilu and by Judgment and order dated 22.3.88 the learned Sessions Judge, Narail convicted 10 accused persons, including the four accused‑appellants under sections 302/34 of......sections 302/34 of the Penal Code, but commuting the sentence of death to imprisonment for fife. The appeals preferred by these appellants were dismissed, but the appeals of the other six condemned prisoners were allowed and they were acquitted of the charges. 3. Thereafter the four accuse..Category: Criminal Law | Date: | Hits: 60
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....to the Government treasury nor did he enter the receipts in the office records and registers and thereby misappropriated the said amount for personal gain. The respondent was once tried earlier and convicted under section 409 Penal Code and under section 5(2) of Act 11 of 1947 in Special Case No......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....on the reason for the delay in taking preventive action, like information of participation being available only in the course of an investigation. If the detaining authority takes the chance of conviction and when the Court verdict goes against it, falls back on its detention power to punish......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....n passed in Criminal Appeal No. 1066 of 1990 dismissing the appeal and affirming the Judgment and order passed by the Special Tribunal, Court No. 11, Dhaka in Special Tribunal Case No. 135 of 1989 convicting the appellants and sentencing each of them to suffer rigorous imprisonment for 7(seven) ...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......t been defined in the Code, but it has been defined in CORPUS JURIS SECU-NDUM as follows: “61. After a preliminary or partial hearing before a Court or Magistrate, to send a prisoner back to the custody, to be kept until the hearing is resumed or the trial comes on: to re..Category: Criminal Law | Date: | Hits: 125
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....No. 41 of 2003. (From the judgment and order dated 12-1-2003 passed by the High Court Division in Death Reference No. 46 of 2000). Judgment Amirul Kabir Chowdhury J.- Yogashwar Gope, the convict petitioner, seeks leave to appeal against the judgment and order dated 12-1-2003 passed by t...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..Category: Criminal Law | Date: | Hits: 47
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....rming the sentence of death passed by the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Adalat, Narayanganj in Nari-o-Shishu Nirjatan Case No. 71 of 1999 by its judgment and order dated November 26, 2000 convicting the appellant under section 10(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1......No. 3809 of 2000). Judgment: Md. Ruhul Amin J.- This appeal by the condemned prisoner is against the judgment and order dated January 25,2003 of a Division Bench of the High Co..Category: Criminal Law | Date: | Hits: 59
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....iminal Appeal No. 1336 of 1999, Criminal Appeal No. 1424 of 2000 and Jail Appeal No. 2329 of 1999). Judgment Amirul Kabir Chowdhury J.- ASI Ayub Ali Sarder, constable Md. Sagir Ahmed, the two convict petitioners, seek leave to appeal against the impugned judgment and order dated 13-11-2002 p......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....nal Appeal No. 42 of 1985 & Jail Appeal No. 32 of 1988 respectively). Judgment: Mustafa Kamal J: Condemned prisoner Abul Khair was convicted by the learned Sessions Judge, Noakhali in ST Case No. XXII/April/80 by his judgment and ......o. 1 of 1985 with Criminal Appeal No. 42 of 1985 & Jail Appeal No. 32 of 1988 respectively). Judgment: Mustafa Kamal J: Condemned prisoner Abul Khair was convicted by the learned Sessions Judge, Noakhali in ST Case No. XXII/April..Category: Criminal Law | Date: | Hits: 61
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ssion accepting Death Reference No. 6 of 1988 (Barisal) (Death Reference No. 5 of 1987, Dhaka) and dismissing Jail appeal No. 39 of 1988 (Barisal) (Jail Appeal No. 59 of 1987, Dhaka) upholding the conviction and sentence passed by the Sessions Judge, Barguna in Sessions Case No. 52 of 1958 convi...... (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hazrat Ali and others ......................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgm..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....WAPDA Rest House, Jhenaidah, where he was spending the night before his intended journey to Mujibnagar. When he asked for the reason of his arrest the police officer vaguely hinted at some order of conviction, not known to the detenu. The detenu then wanted to see the warrant of arrest. When the......ction dated 24th July, 1978 passed by the Special Martial Law Court No. 1 and that the order of detention had already been rescinded by an order dated 29th March, 1991 of the Home Ministry and the prisoner is in jail custody serving as a convict. 4. The appellant in her affidavit‑in..Category: Constitutional Law | Date: | Hits: 365
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....nal Code. He also found two other accused, namely, Pakhi and Hira guilty under sec 147 and the rest of the accused not guilty. The Additional Sessions Judge having agreed with the minority opinion convicted the appellant under section 148 as well as under section 302, and sentenced him respectiv......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....earing evidence, the Magistrate acquitted the accused of the offence under section 380 P.C. but field them guilty under section 457 P.C. and sentenced them to different periods, because of previous conviction of the co-accused. On appeal the Additional Sessions Judge, Mymensingh upheld the order ......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
The State Vs. Fazu Kazi alias Kazi Fazlur RahÂman and others, 1977, 6 CLC (AD)
.... along with 13 others for conspiracy to murder Dr. Salam and further under section 303/34 with other accused persons for murder of Dr. Salam before the Sessions Judge, Rajshahi. The trial ended in conviction of the respondents along with 13 others under the first charge and each of them was sent......lf should be sufficient to sustain their conviction. The impugned observation of the High Court is as under: "It is true that all the 4 confessing convicts have implicated these 4 prisoners in the murder of Dr. Salam one way or another but they being the statements of co-accu..Category: Criminal Law | Date: | Hits: 80
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