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Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......w Amendment Act, 1958. Such requirement of law was fulfilled though it was omitted in the order sheet or in the judgement. No objection has been raised on this issue during trial or afterwards before hearing before this court. Under the circumstance such objection in so belated stage is not sustaina..Category: Criminal Law | Date: | Hits: 41
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......nt July 28, 1987. Result: The petition is dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 103 Leave petition filed by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instance of the informant. Law..Category: Criminal Law | Date: | Hits: 41
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......d the order of the Magistrate on 27-5-74. Against this order the appellant moved the High Court in its revisional jurisdiction. The learned Judges of the High Court Division discharged the rule after hearing the parties. The present appeal is directed against this order. 3. The true scope and ..Category: Criminal Law | Date: | Hits: 43
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......and lathis by Akkel Ali and Sashan. 18. P.W.3, Khorjahan, has, no doubt, been brief in narrating what she saw after she, her mother, P.W.2 and her sister Aleya, P.W.4, ran to the river side after hearing the cry of her brother Riton. Though she had not mentioned what weapons were being carried..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......g 89 cartons of cigarettes. It was submitted by the dependent that the materials seized during Investigation were sufficient to warrant trial of the two accused by a competent Court. 3. After hearing the parties, a Division Bench by the judgment and order dated December 5, 1977 quashed proce..Category: Criminal Law | Date: | Hits: 95
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......tenced to two years' rigorous imprisonment each and to pay a fine of Rs. 1000 in default to suffer rigorous imprisonment for six months more. An appeal before the Sessions Judge was dismissed after hearing. A revision was taken to the High Court and a Single Judge observed as against the Appella..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......ctim was scuffling with accused Wali, Enamul Haq dealt a sora blow on his abdomen. Thereafter accused Razaul and Mizanur went towards the east and accused Wali and Enamul went towards the south. On hearing hue and cry, Kulsum and Latifa came to the place of occurrence and P.W.2 Maksudur Rahman an..Category: Criminal Law | Date: | Hits: 43
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......Bishesh Bidhan) Ain, 1995. 9. Being aggrieved the convicts preferred appeal before the High Court Division and the High Court Division upon consideration of the materials on record and hearing the learned Counsels dismissed the appeal. 10. We have heard Mr. A.M. Mahbuddin, the..Category: Criminal Law | Date: | Hits: 36
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......entioned above while Jabbar Munshi, a cousin of informant, was cutting paddy the accused being armed with leza, ramdao, cut rifle, pistol, pipe gun had attacked and driven him from the land. After hearing the news, Delwar Munshi, full brother of informant, had rushed to the spot. He was intercep..Category: Criminal Law | Date: | Hits: 34
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... 5. The informant petitioner, however, being not satisfied with the investigation filed an application on 30-4-2005 praying for further investigation of the case. The learned Magistrate after hearing the petitioner rejected the application by order dated 30-4-2005. 6. Feeling aggriev..Category: Criminal Law | Date: | Hits: 43
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......ed the same in part so far as the appeal related to accused Ayub Ali and Rabi Sheikh, thereby acquitting them of the charge. 4. Hence this appeal arose out of leave granted on 20-4-2002. On hearing the learned Advocate-on-Record leave was granted to consider the submission that the High C..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......o Druto Bichar Tribunal, Sylhet wherein it was registered as Druto Bichar Tribunal Case No. 4 of 2003. Prosecution examined 36 witnesses while none was examined as defence witness. The Tribunal after hearing the prosecution and the defence and in consideration of the materials on record by the judgm..Category: Criminal Law | Date: | Hits: 184
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......s more. 6. All the three convicts unsuccessfully preferred Criminal Appeal No. 2180 of 1997 before the High Court Division. Hence are these appeals. It may be mentioned that at the time of hearing the leave petition, the petition, so far as it relates to convict Aynul Sheikh, was not pre..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....upport of the petition Mr Prabir Haider, appearing with leave of the Court, submits, inter alia, that under section 476 of the Code of Criminal Procedure a court has authority to make a preliminary enquiry in the case of an offence covered by clauses (b)(c) to section 195(1) of the C......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......ng house. It is further mentioned that a blood-stained plastic sandal was found in the room of his parents and this sandal was identified as of Dablu. In evidence P.W.2 Ahsanul Kabir stated that upon hearing the hue and cry when he was coming to his father's room he saw accused Dablu and two others ..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......about 8-45 P.M. in the dwelling hut of the Informant, Abul Kalam (P.W.2) of village Bishnupur, P.S. Sonagazi. Abul Kalam and his bhaira Shariatullah (P.W.4) were discussing a case which was fixed for hearing in Court on the following day; his mother Halima Khatun, the deceased, was cooking in the ad..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126...... Nowab Ali immediately after the occurrence appears to be trustworthy and convincing. P.W. 3 Abdus Sattar who was mentioned in the First Information Report went to the place of occurrence after hearing firing of shots and found Nowab Ali groaning in bleeding condition. He said that-Nowab Ali..Category: Criminal Law | Date: | Hits: 61
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......und that prima facie there was no illegality in the trial. 5. The appellant contends that he surrendered to the Court and was granted bail. After several adjournments when the matter came up for hearing on 12th April, 1987 his local surety filed an application for adjournment on the ground of a..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......nety thousand), in default to rigorous imprisonment for 2 years more, under section 409 of the Penal Code, read with section 5(2) of Act II of 1947. He preferred the appeal which was admitted for hearing by the High Court Division. He prayed for bail pending disposal of the appeal; the learned J..Category: Criminal Law | Date: | Hits: 53
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