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Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......No. 11 submitted that Rule 9 of the Union Parishad Rules, 1084 contains two parts, firstly; if any written explanation is submitted by the Chairman concerned it shall be considered and no personal hearing would be necessary in such case. Secondly; if no written explanation is given t..Category: Criminal Law | Date: | Hits: 32
State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)
....t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ...... the house. Accused Ali Hossain hurled the tin pot aiming at Awlad Hossain which exploded in front of the house of P.W.4, Monowara Khatun causing injury at the chest of Awlad and victim Rubina. On hearing such explosion local people rushed to the spot and sent the victim to Mitford Hospital in c..Category: Criminal Law | Date: | Hits: 48
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......ourt that said courts expressed and doubt as regard the evidence of P.W.4 and other witnesses relied upon in finding the convict guilty of the offence charged. 7. At the time of hearing of the appeal by this Division it could not be shown from the judgment of the High Court Div..Category: Criminal Law | Date: | Hits: 62
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......fell on the ground accused Nuruddin dealt a 'sia' blow and the accused Mongai dealt 'chang' blows on the ears of Muktadir and accused Lalon dealt a 'dao’ blow on the head of Bhola and when on hearing the hue and cry of the informant and his men, Khutina Bibi, wife of the informant, came for..Category: Criminal Law | Date: | Hits: 39
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......grudge and enmity and the F.I.R. named accused and other unknown persons assaulted the victim with deadly weapons and due to such bleeding injuries his son fell down on the ground and then died. On hearing hue and cry of witnesses Kamal Uddin (who was with the deceased), the informant and other ..Category: Criminal Law | Date: | Hits: 31
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......1990 wherein it was stated that the petitioners were engaged in immoral activities and prostitution which the petitioners filing this application have denied. 4. The High Court Division upon hearing the parties observed that whether they are engaged in immoral activities or not is purely a..Category: Criminal Law | Date: | Hits: 41
Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)
....t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......ndered voluntarily before the Court and obtained anticipatory bail. Thereafter, they moved the High Court Division under section 561A of the Code of Criminal Procedure and obtained Rule which after hearing was made absolute. 3. We have heard Mr. Abdul Malek, with whom Mr. S.M. Shahjahan, ..Category: Criminal Law | Date: | Hits: 49
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
....llowed the matter to be agitated before this Division. Death reference is pending 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 c......Death Reference No.81 of 2003 (heard analogously with 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 n..Category: Criminal Law | Date: | Hits: 52
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ...... F.I.R. with the Kotwali -Police Station, Mymensingh, stating inter alia, that on the same day he was on his secrete duty at Bangladesh Agricultural University campus and at about 14.50 hours he on hearing hue and cry of female voice rushed to see, what had happened, found three persons running ..Category: Criminal Law | Date: | Hits: 37
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......subsection 2(A) of section 202 of the Code of Criminal Procedure. 6. Being aggrieved the petitioners moved the High Court Division under section 561A of the Code of Criminal Procedure. Upon hearing the said application the rule was discharged on the finding that: "....how ..Category: Criminal Law | Date: | Hits: 35
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......d Court, Brahmanbaria for an analogous trial of both the cases. The petitioner, thereafter, filed an application on 21-11-2004 before the Druta Bichar Tribunal, Chittagong praying for an analogous hearing of the aforesaid G. R. Case No. 102 of 2002 of the Court of Magistrate, First Class, Nabina..Category: Criminal Law | Date: | Hits: 31
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......to suffer rigorous imprisonment for two years. Being aggrieved the respondent filed Criminal Appeal No. 1859 of 1991 and also Criminal Revision No. 430(R) of 1982 and the High Court Division after hearing allowed the appeal and acquitted the respondent and thereby the above criminal revision bei..Category: Criminal Law | Date: | Hits: 48
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......n reported in the said news that the police has forwarded a Memo to the Government to issue an order of detention under the Special Powers Act, 1974. 3. Thereupon a rule was issued and upon hearing of the rule the same was made absolute directing that: "The detenu Ashim Ku..Category: Criminal Law | Date: | Hits: 109
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......Ali preferred Criminal Appeal No.1625 of 2002 and accused Ekramul Hossain @ Anis, Shajibul Islam and Kablu preferred Criminal Appeal No. 1665 of 2002. 10. The High Court Division after hearing the parties accepted the death reference in part and modified the sentence from death to im..Category: Criminal Law | Date: | Hits: 33
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ......eared and were enlarged on bail. The accused persons subsequently filed an application seeking their discharge under section 241A of the Code of Criminal Procedure but the learned Magistrate after hearing both the parties rejected the same. The accused petitioner then moved the High Court Divisi..Category: Criminal Law | Date: | Hits: 42
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......l report was however submitted. 4. The Informant filed a Naraji petition against the final report before the Nari-O-Shishu Nirjatan Damon Tribunal, Barguna. 5. The learned Tribunal on hearing both sides accepted the Naraji petition, and rejected the final report in respect of the a..Category: Criminal Law | Date: | Hits: 41
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ...... 4. Being aggrieved thereby the present petitioner led an application under section 439 of the Code of Criminal Procedure before the High Court Division and obtained the present Rule which after hearing was discharged. 5. We have heard Mr. Md. Aftab Hossain, the learned Advocate-on-Reco..Category: Criminal Law | Date: | Hits: 31
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......ivision by the judgment and order dated 25-6-2002 made the Rule absolute quashing the proceeding. 3. Being aggrieved the petitioner moved this Court in Criminal Appeal 12 of 2003. This Court after hearing the parties by the judgment and order dated 15-6-2004 dismissed the appeal. 4. Thereafter..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ...... and personal liberty enshrined in the Constitution and, as such, the impugned Act and the impugned order of transfer are unconstitutional and void. 6. The High Court Division, however, upon hearing the Rule, disposed of the Rule in Writ Petition No. 5951 of 2003 with the direction as sta..Category: Criminal Law | Date: | Hits: 59
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......sistent with the provisions of the Constitution and the aforesaid sections of the Act were struck down. Since the matter was disposed of by split judgment, the same was referred to a 3rd Judge for hearing and disposal. The learned Third Judge took up all the Rules analogously for hearing an..Category: Criminal Law | Date: | Hits: 43
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