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M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......f framing charge. Thereafter he filed aforesaid criminal miscellaneous case before the High Court Division under Section 561A of the Code of Criminal Procedure. The High Court Division after hearing the parties discharged the rule. Hence is this petition. 6. In support of the petiti..Category: Criminal Law | Date: | Hits: 44
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......sold it would bring degeneration to the morality of the people in general and young generation in particular and that the company did not apply for the licence in accordance with law. 5. After hearing the parties the High Court Division by the impugned judgment and order made the rule absolut..Category: Criminal Law | Date: | Hits: 76
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......ion under section 561A of the Code of Criminal Procedure praying to quash the aforesaid judgment and order of the Metropolitan Special Tribunal and a Division Bench of the High Court Division after hearing the petitioner rejected the said application summarily. 5. Hence is this petition. ..Category: Criminal Law | Date: | Hits: 47
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d purchased banana and bread from him and the witness left the shop keeping his brother Md. Jubayer P.W 1 7 in the shop asking him to take Taka 8 from the man and after a while he heard big sound, on hearing which he came out of his house and saw many persons in front of the house of Judge Abdul Awa..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ased Babujan as a result of which he fell down and died. Other accused persons assaulted informant's brother and others with lathi and looted away paddy and cash. The informant party raised alarm and hearing the hue and cry many people came to the place of occurrence and saw and heard about the occu..Category: Criminal Law | Date: | Hits: 117
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......The appellant is directed to take steps for getting his appeal hear. Bail Matter The appellant getting ad-interim bail continued on such bail for 4 years without taking any serious efforts for hearing of the appeal. Ad-interim bail cannot be allowed to continue for indefinite period. Thus, th..Category: Criminal Law | Date: | Hits: 64
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....usion forged the Lease Deed dated 24 July 1983 and thereby inserted in it this fishery "Kumar River Bhajandhi to Nilakhi". On Deputy Commissioner's order the Revenue Deputy Collector, P.W.6, held a preliminary enquiry into the petition of complaint and forwarded it, along with his report, to t......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......t due to some omissions in the judgement, cannot be a valid ground for sending the case on demand for writing a fresh judgement. Hence the appeal is allowed with direction to dispose of the appeal on hearing by a competent bench of the High Court Division………………..(9 & 10) Lawyers..Category: Criminal Law | Date: | Hits: 52
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......tion 4(b) (c) and Section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983.The Case being sent for trial the accused petitioners were allowed bail. The Tribunal fixed 06.09.1998 for hearing as to framing of charge if any. The accused petitioners filed application under Section 241..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......nvicted and sentenced the accused respondent as already mentioned above. 3. The accused respondent preferred Jail Appeal No. 368 of 2003 and a Division Bench of the High Court Division after hearing allowed the appeal by the impugned judgment and order and set aside the judgment and order..Category: Criminal Law | Date: | Hits: 34
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......dent No.4 made the aforesaid Bainanama and subsequently issued the instant cheque with dishonest and fraudulent intention to cheat and to misappropriate the amount. The High Court Division, after hearing, made the Rule absolute along with the finding that the word, "payment stopped by the drawer..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....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. ...... Hossain challenging the legality of the aforesaid judgment and order of conviction moved the High Court Division under section 561A of the Code of Criminal Procedure. The High Court Division after hearing the parties rejected the application summarily as already mentioned above. Hence is this p..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......rve summon upon the Doctor U.S. Chakma who is presently stationed at Cox's Bazar to appear before the Court with the Emergency Medical Register of Dohazara Hospital dated 3.4.1988 fixing a date of hearing for that purpose. 8. As granting of leave to appeal against the impugned orders..Category: Criminal Law | Date: | Hits: 51
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......ore the Magistrate but actually he was very much present in the country during that period. Upon perusing both the application, both the police reported regarding cancellation of bail and upon hearing both the parties the learned Chief Metropolitan Magistrate, Dhaka was pleased to pass an o..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......l Code against the accused petitioner. The accused petitioner being aggrieved moved the High Court Division under section 561A of the Code of Criminal Procedure. The High Court Division after hearing the parties by judgment and order dated 25.07.2001 made the rule absolute setting aside the..Category: Criminal Law | Date: | Hits: 29
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... 342 of the Code of Criminal Procedure, as he was in the meanwhile taken into custody, to which he pleaded innocence and demanded trial. 4. The learned Sessions Judge, Manikganj, upon hearing the parties, found the condemned prisoner guilty under section 302 of the Penal Code a..Category: Criminal Law | Date: | Hits: 71
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ...... inside the hut wherein incident took place and culminated in the murder of Mohammad Ali, husband of the P.W.2 and that by the persons, who are the inmates of the homestead of the deceased, came upon hearing cry from the hut of the deceased. These witnesses i.e. P.Ws.1, 4 and 10 are the natural witn..Category: Criminal Law | Date: | Hits: 44
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......ow on his left shoulder and accused Mohir beat him indiscriminately with lathi. Then Abdur Razzak came forward when accused Jharna, Sikha and Abdus Sobhan alias Sohrab assaulted him with lathi. On hearing hue and cry the neighboring people came to the place of occurrence and the accused persons ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ...... 1995 and after long abscondence-respondent ultimately surrendered on 31-8-1999 under compulsion where as F.I.R. was lodged on 28-8-1998 and charge-sheet was submitted on 24-10-1998. 4. Upon hearing the parties the learned Nari-O-Shishu Nirjatan Adalat rejected his bail prayers on a number..Category: Criminal Law | Date: | Hits: 44
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ...... Penal Code. Against the aforesaid order of framing charge the accused petitioner moved the High Court Division under section 561A of the Code Criminal Procedure. The High Court Division after hearing the parties by the impugned judgment and order discharged the rule. Hence is this peti­..Category: Criminal Law | Date: | Hits: 30