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State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......e was registered upon an application filed by the accused under section 561A of the Code of Criminal Procedure. The High Court Division made the order appealed without issuing Rule and also without hearing the State. 3. Facts in the background whereof the aforesaid Special Tribunal Case h..Category: Criminal Law | Date: | Hits: 38
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......r section 561A of the Code of Criminal procedure before the High Court Division and Rule was issued on 14.11.1999 and all further proceedings of the non FIR Case No.793 was stayed on 27.1.2000 till hearing of the rule. 10. Monowara Islam died on 12.2.2000 and the rule was listed for heari..Category: Criminal Law | Date: | Hits: 32
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......d 5 other accused of the charges under sections 302/34 of the Penal Code. The accused petitioner preferred Jail Appeal No. 2268 of 2001 and Criminal Appeal No. 2089 of 2001 which were taken up for hearing with death reference made by the learned Additional Sessions Judge. 6. The High Co..Category: Criminal Law | Date: | Hits: 99
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
.... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ......pplication under section 561A of the Code of Criminal Procedure before the High Court Division for quashing the proceeding of the case and obtained the Rule. 4. The High Court Division upon hearing made the Rule absolute and quashed Nari-o-Shishu Nirjatan Case No. 750 of 2003 pending befo..Category: Criminal Law | Date: | Hits: 32
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....ect decision. 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) 266. ......; back home accused Khaleque gave order to accused Babul to shoot her husband. Deceased Gazi Liakat tried to flee away to save his life but they caught him and shot him indiscriminately. On hearing the hue and cry local people came forward and took him to the Dhaka Medical College Hospita..Category: Criminal Law | Date: | Hits: 38
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....69,70,671,681 dated 30.7.1992 Tk. 1,80,720/- + Tk. 1,74,528/- + Tk. 1,83,888/- + Tk.1,86, 268/- = Total Tk.7,25,400/-have been encashed from the Bangladesh Bank, Khulna Branch on that date; during preliminary inquiry PW.1 seized some documents which are Ext. 4 series and the 'Uma' serial of Ext.......A.O and the petitioners and others who duly sent the bills and advices to the District Accounts Office, D.A.O had no laches on their part. The learned Divisional Special Judge, Khulna, after hearing, passed the orders of conviction and sentences as stated earlier. The petitioners then..Category: Criminal Law | Date: | Hits: 43
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ...... by this Division in the cited case. 5. We would have allowed the petitioner’s prayer but we find that the petitioner (appellant) has been given an opportunity to take steps for early hearing of the appeal. The petitioner should now make the appeal ready for hearing and if the appea..Category: Criminal Law | Date: | Hits: 50
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......n the courtyard. When the informant and witness Nos. 2 and 3 tried to come out of the dwelling house the accused persons fired blank shots and threatened loudly to kill the informant and others. On hearing hue and cry the neighbours arrived and when they tried to extinguish the fire, ac..Category: Criminal Law | Date: | Hits: 54
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....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. ......nd on over trifling matters. In the evening following 20.2.1990 the victim informant after taking her evening meal went to her bed with her daughter and at one stage she woke up from sleep on hearing cry of her baby daughter and after opening her eyes she found that accused at serial Nos.2 ..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......n observed that the process of trial of cross cases is that both should be tried by the same judge simultaneously or one after another and judgment therein should be delivered after concluding the hearing of both the cases and in such trial, record of cases should be kept distinct and separate a..Category: Criminal Law | Date: | Hits: 58
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......The case being registered as Sessions Case No. 711 of 1999 was tried by the learned Metropolitan Additional Sessions Judge, 2nd Court, Dhaka who examined 14 witnesses from the prosecution and after hearing the parties convicted the accused respondents to imprisonment for life and to pay fine of ..Category: Criminal Law | Date: | Hits: 36
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......the court of Druto Bichar Tribunal, Rajshahi to any other Druto Bichar Tribunal, Dhaka, on the basis of which in Criminal Miscellaneous Case No. 8450 of 2005 rule was issued. The rule was fixed for hearing on 2nd February 2006 while none was present on behalf of the petitioners to press the rule...Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ...... an offence under section 333/326/109/34 of the Penal Code now pending in the Court of the Druto Bichar Tribunal No.1,Dhaka should not be transferred to and other competent court at Dhaka and after hearing the parties and cause shown may be pleased to make the rule absolute or be please to ..Category: Criminal Law | Date: | Hits: 64
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... sugarcane field of Jaber Molla situated on the southern bank of Kaliganga river, convicted them under section 302/34 of penal Code and sentenced them to death. The High Court Division, after hearing, allowed the Death Reference No. 34 of 2001 and dismissed Jail Appeal No. 3201 of 2001. ..Category: Criminal Law | Date: | Hits: 51
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......eath. The Reference so made by the Court of Session was registered as Death Reference No. 50 of 2002. Both the Jail Appeal and the Reference were heard analogously by Division Bench and after hearing the Division Bench of the High Court Division by the impugned judgment and order dismissed ..Category: Criminal Law | Date: | Hits: 43
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ...... and as such it is desirable not to make any comment regarding those submissions at this stage while disposing of the interlocutory matter. Since High Court Division vacated the order of stay upon hearing the parties, we refrain ourselves from interfering with the impugned order of the High Cour..Category: Criminal Law | Date: | Hits: 36
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......the power granted to the Court to decide the question of contempt of Court should be used very sparingly. However, apology was tendered on behalf of the respondent-contemner Nos.3-5. 4. Upon hearing of the rule, the High Court Division made the rule absolute against respondent contemner-a..Category: Criminal Law | Date: | Hits: 47
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......ound materials against him, submitted charge sheet. 7. The High Court Division rightly held that the arguments made by the learned Advocate for the petitioner can be agitated at the time of hearing under section 241A of the Code of Criminal Procedure and if his submissions are found corre..Category: Criminal Law | Date: | Hits: 29
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......06 of the Penal Code. 5. Against the said judgment and order of the appellate Court the convict-petitioner preferred criminal revision before the High Court Division and the High Court after hearing discharged the Rule by the judgment and order dated 10.11.2002. 6. Leave was granted..Category: Criminal Law | Date: | Hits: 42
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......106/477/109 of the Penal Code read with section 5(2) of the Prevention Corruption Act, 1947 only because they purchased some land out of the above abandoned property. The High Court Division, after hearing, discharged the Rules. The learned counsel for the petitioners submitted that the High Cour..Category: Criminal Law | Date: | Hits: 43