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Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......tted three other accused namely, Laily Begum, Soleman and Zahid. 5. The conviction was based on the following materials: (1) the direct evidence of P. W. 5, Golam Ali, who stated that hearing the cry of Elias he rushed to the spot, about 100 cubits from his house, saw and recognised..Category: Criminal Law | Date: | Hits: 62
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ...... there ; that the complainant filed Title Suit No 204 of 1980 in the Court of Munsif, Noakhali and prayed for temporary injunction against the accused, but his prayer was rejected alter hearing the defendants; and that for establishing this claim to the suit land the complaint institu..Category: Criminal Law | Date: | Hits: 57
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......ally divided amongst us, two favoring conviction and sentence as confirmed by the High Court Division and two in faÂvour of setting them aside, no judgment was pronounced by this Court, 12. After hearing the appeal afresh by the Full Court four learned Judges excepÂting me expressed their opini..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......he case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) After taking evidence for the prosecution, examining the accused and hearing both the parties, if the court considers that under the given evidence, there is no evidence..Category: Criminal Law | Date: | Hits: 38
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ikeliÂhood of breach of peace over immovable proÂperty. Section 146 cannot be separated from section 145. It can only be read in the context of 146. The scheme shows once a proceeding is begun with preliminary order it must be followed up by an enquiry and end with final order. There is no questio......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......vested right accrues to the accused to be tried under the unamended law………….(8) Trial in a Sessions Case presupposes the appearance of the accused before the court for the purpose of hearing the accusation or charge against him or them. The trial actually started on 16.03.1981 and i..Category: Criminal Law | Date: | Hits: 45
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......eparate application under section 345 Cr.P.C. has been filed for the purpose. It was further mentioned that the application under section 345 Cr.P.C. for compounding offence will be considered at the hearing of the appeal. 3. Mr. Aminul Huq, Advocate-on-record, appearing for the appellants submit..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......ct of the period of sentence even on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) Cases Referred to- Ramzan Ali Vs State (1968) 20 DLR (SC) 49; P..Category: Criminal Law | Date: | Hits: 62
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......It arises out of an order of a Vacation Bench of the High Court Division directing the enlargement on bail of one A.K.M. Golam Kabir (hereinafter referred to us "the detenu"), pending the hearing of a Rule issued on an application filed on his behalf by the respondent Ahmed Nazir under..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....ikely to cause a breach of the peace exists concerning any land or water or the boundary thereof is to draw up a proceeding under subsection (1) of section 145 of the Code. The object of this preliminary and formal order is to give notice to the parties to put their claims in writing as reg...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....orted in 11 D.L.R. (S.C.) page 394 and Mazharul Huq Vs. Ishaque Sardar and others, reported in 14 D.L.R. (S.C.) page 251. In the former case, it was held that a Magistrate holding the preliminary enquiry has power to sift and weigh evidence only for the purpose of determining whethe......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....3 went to the thana and lodged the First Information Report on that day at 10 A.M. whereupon police took up investigation and on completing the same submitted charge-sheet. After holding preliminary inquiry a competent Magistrate committed the 12 accused persons to the Court of Se......W. 9 Abdul Mannan and P.W. 10 Md. Ennus Mia who were neat the place of occurrence and protested in vain. They raised alarm which attracted May persons whereupon the accused took to their heels. On hearing about the occurrence from the eye-witnesses, P.W. 1 Abdul Matin Munshi, an uncle of decease..Category: Criminal Law | Date: | Hits: 39
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ...... for the night, took their meals, and then slept in the north Bhiti hut of Yasin Sk. They took ‘Sehri’ in the later part of the night and went to bed again, but some time thereafter on hearing the cry of P. Ws. Siraj and Fazila, Yasin Sk, father of the accused woke up, came out ..Category: Criminal Law | Date: | Hits: 66
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....sible evils attending a publication of this kind. The matter is decided by the cases which have been referred to, and I have no doubt that the law now is that proceedings of this kind, although preliminary and ex parts held in open court, may be the subject of a fair and accurate report and ......jury was made before three Justices by counsel ex parte, and without any evidence being given on oath. The Justices granted a summons for perjury against the plaintiff, but dismissed it on the hearing, On behalf of the defendant who had sent the report of the proceedings to the editors of se..Category: Criminal Law | Date: | Hits: 77
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......ority acted as & persona designata, and, as such, any order passed by the Sessions Judge in review cannot be questioned under sections 435/439 of the Code of Criminal Procedure. 5. After hearing the appellants it was felt that a service of some Senior Advocate was necessary to assist t..Category: Criminal Law | Date: | Hits: 62
Sultan Ahmed, AdÂvocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......a Special Tribunal including a direction under section 34A, and the decision of the Appellate Tribunal in an appeal shall be final. (5) An Appellate Tribunal shall, for the purpose of hearing an appeal under this Act, have the same powers and follow, as nearly as possible, the same..Category: Criminal Law | Date: | Hits: 40
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......late Tribunal may, on appeal, confirm, set aside, change, vary or modify any judgment or sentence and the decision of such Tribunal shall be final, (8) An appellate Tribunal shall, for the purpose of hearing an appeal, have the same power and follow, as nearly as possible, the same procedure as are ..Category: Criminal Law | Date: | Hits: 287
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....Âing the tube-wells was not properly done and the money had been misappropriated by the appellant in collusion with 2 members and the Chairman of the Union Council. Anti-CorrupÂtion Department made preliminary enquiries and filed F.I.R. and after investigation subÂmitted charge-sheet against the ......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......the office on the 11th of May, 1970, for it's disposal by the learned Judge, who was dealing with criminal appeals during those days, as he himself had been made to sit on a Division Bench, which was hearing constitutional writs. After this, the appeal finally came to be heard on the 24th of June, 1..Category: Criminal Law | Date: | Hits: 78
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