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Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......g Magistrate returned the record to the learned Chief Metropolitan Magistrate on 20-06-2002 with his report and the learned Chief Metropolitan Magistrate adjourned the case for months together for hearing in respect of acceptance of final report. Ultimately, the learned Chief Metropolitan Magist..Category: Criminal Law | Date: | Hits: 39
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... judgment of conviction and sentence passed against three appellants therein who were acquitted and accordingly discharged. On an appeal to this Court against the judgment and order of acquittal upon hearing appeal, this Court, however, set aside the order of acquittal and discharge of all the accus..Category: Criminal Law | Date: | Hits: 94
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......d by judgment 4-6-1995 convicted the accused petitioner. Being aggrieved, he preferred Criminal Appeal No. 28 of 1995 before the learned Sessions Judge, Satkhira and the appellate Court after hearing dismissed the appeal by judgment and order dated 12-7-2002. Being aggrieved the accused res..Category: Criminal Law | Date: | Hits: 34
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......awn.” The complainant filed two revisional petitions direct to the High Court challenging the order of withdrawal. A Bench of the High Court heard both the revisional cases, after hearing the parties were pleased to set aside the order of withdrawal. 5. The Principal reas..Category: Criminal Law | Date: | Hits: 45
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......to as the Act, in the Court of the learned Chief Metropolitan Magistrate, Chittagong. 3. The accused petitioner has been allowed bail by the learned magistrate on 19-6-2004. After hearing the parties charge has been framed against the accused petitioner under section 138 of the A..Category: Criminal Law | Date: | Hits: 138
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......7-2002 rejected the same. The informant then preferred Criminal Revision No.549 of 2003 before the High Court Division challenging the above order dated 31-7-2002 and the High Court Division, after hearing, made the Rule absolute, 3. The learned Counsel appearing for the petitioner submit..Category: Criminal Law | Date: | Hits: 39
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......ellaneous Case through their respective learned Advocates and filed affidavit in reply to the suo moto notice issued by the High Court Division. The learned Judges of the High Court Division while hearing the Rule requested Mr. Shawkat Ali Khan and Mr. Jamiruddin Sircar, learned Senior Advocates..Category: Criminal Law | Date: | Hits: 79
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......t the appeal should be expeditiously disposed of. About 3 2/1 years have already elapsed since then but the appeal has not been disposed of, nor are the petitioners found to have taken any step for hearing the appeal in the face of our order for dispensation of paper book in order to facilitat..Category: Criminal Law | Date: | Hits: 51
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
.... PW 9 is brother-in-law of PW 3 and PW 4 is brother-in-law of the deceased Zafar; all of them were present when the dead body was found in the morning and all were also present when the IO PW 20 made preliminary investigation from 3-00 PM to 11-00 PM, but none of them made these disclosures until ......was the lone witness but his father also claimed to have heard the conversation at mid-night between him and appellant Abu Taher who alleged went to him to reinforce the warning and threat within the hearing of his father. 14. The IO (PW 20), who held inquest on Zafar's dead body, found it nake..Category: Criminal Law | Date: | Hits: 74
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... investigation, the accused-respondent No.1, Anisuzzaman Chowdhury filed an application before the Magistrate 1st Class, Bagerhat with a prayer for taking back the seized goods. The Magistrate upon hearing the parties directed to release the goods to the accused by order dated 05-08-2002 against ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......n behalf of the accused-leave-petitioners in Druto Bichar Case 11 of 2005 now pending in the Court of Druto Bichar Tribunal, Rajshahi should not be set aside. 3. The High Court Division upon hearing the parties discharged the Rule by judgment and order dated 18th July, 2005 in the afores..Category: Criminal Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......5-08-1998. 3. Being aggrieved by the same the respondent filed Criminal Revision No.672 of 1998 before the High Court Division under Section 439 of the Code of Criminal procedure. After hearing the parties, the High Court Division, made the Rule absolute and set aside the order of the..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......ioners preferred Criminal Appeal No.1361 of 2000 while the other two convicts i.e Syed Jahangir Alam and Md. Alamgir Hossain preferred Criminal Appeal No. 938 of 2000. The High Court Division after hearing the parties by the impugned judgment and order dismissed Criminal Appeal No. 938 of 2000 p..Category: Criminal Law | Date: | Hits: 43
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... 6. We have heard Abdur Rouf, the learned Deputy Attorney General for the State petitioner and perused the judgment of the High Court Division and other connected papers. 7. At the time of hearing the learned Deputy Attorney General frankly submits that there is practically no legal evid..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....e acquitted) the appellant inflicted dagger blow on the left side of the chest of the victim who was than taken to Master Bazar in a critical condition where P.W.7,Dr.A. Bari attended him and made preliminary treatment and the condition of the victim being critical, P.W.7 advised to take the vic......h Reference No.4 of 1989. The appellant also filed regular appeal being Criminal Appeal No. 19 of 1989. The High Court Division heard the Death Reference and the above appeal analogously and during hearing found that the defence lawyer appointed by the government was not given sufficient time as ..Category: Criminal Law | Date: | Hits: 52
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... no competent authority to pass any order on review under para 1A of MLO No.9 of 1982 for his re-instatement. 5. The High Court Division upon a consideration of the mailer, the relevant laws and hearing the parties took the view (by separate judgments) that under paragraph 5 of the Proclamation..Category: Criminal Law | Date: | Hits: 53
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......shot was brought in Khulna Sadar Hospital and hearing this if the Police Sub-Inspector of Khulna comes to hospital and records the statement can any legitimate grievance he made on that score. On hearing about such an injured person if he comes to the hospital and records the statement, I thin..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......private party, can not file any such criminal case under sections 471 and 467 of the Penal Code when admittedly the above Title Suit No. 171 of 1999 as well as CPSLA No.272 of 2000, are pending for hearing and none of the above courts, after holding that the above affidavit filed therein is forge..Category: Criminal Law | Date: | Hits: 39
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......ormation the aforesaid Md. Habibur Rahman (P.W.1) called the villagers through mike of the mosque to resist the miscreants belonging to Sarbahara party who looked for him in the mosque and on hearing the said call in the maike the accused respondents along with others again returned to..Category: Criminal Law | Date: | Hits: 41
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......separate sentence, however, was awarded under Section 5(2) of Act II of 1947. The accused respondents preferred Criminal Appeal No. 1600 of 1998 and Division Bench of the High Court Division after hearing the parties allowed the appeal setting aside the judgment and order of the trial court and ..Category: Criminal Law | Date: | Hits: 35
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