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AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......r three years and also fine of Taka 9,00,000.00 (nine lacs), in default, to rigorous imprisonment for two years more. He preferred an appeal, Criminal Appeal No. 54 of 1988, which was admitted for hearing by the High Court Division, Dhaka. The appellant filed an application for bail and also for..Category: Criminal Law | Date: | Hits: 44
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....67 of the Code, though it has been used in some other places. The term has not been defined in the Code, but it has been defined in CORPUS JURIS SECU-NDUM as follows: “61. After a preliminary or partial hearing before a Court or Magistrate, to send a prisoner back to the c......n CORPUS JURIS SECU-NDUM as follows: “61. After a preliminary or partial hearing before a Court or Magistrate, to send a prisoner back to the custody, to be kept until the hearing is resumed or the trial comes on: to remit or send back a cause to the Court from which it..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......sed and pressed hard in Petition for Special Leave to Appeal No 45 of 1973. Mr. Naziruddin Ahmad adopted the arguments advanced by counsel appearing in support of that petition at the close of its hearing. The contention did not succeed. It was held that the Provisional Constitution and as such ..Category: Criminal Law | Date: | Hits: 63
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......of acquittal. Thereupon, they were set at liberty. Subsequently, however, the Government preferred such an appeal to the High Court Division of this Court. While admitting the said appeal for hearing, the learned Judges directed arrest of all the seven respondents; and except Emdadul H..Category: Criminal Law | Date: | Hits: 39
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ..Category: Criminal Law | Date: | Hits: 56
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......and essential for arriving at a just and proper decision in the trial. The prosecution prayed that for the ends of justice, the said witness be summoned to appear and depose in the trial. 2. After hearing both sides, the trial Court, by an order dated 19.6.93, allowed the prayer of the respondent..Category: Criminal Law | Date: | Hits: 53
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....ther side sat a young girl with a new‑born baby on her lap being helped by another lady, apparently her elder sister. 3. Mr. ANM Gaziul Huq, learned Advocate for the appellant, after making some preliminary submissions ultimately submitted on instruction from the (appellant) father that in view......politan Magistrate, Dhaka refused the prayer of the appellant for custody of his daughter and put her in the jimma of her elder sister by an order passed on the aforesaid date. 2. At the time of hearing of this appeal the learned Advocates of the parties drew our attention to their respective c..Category: Criminal Law | Date: | Hits: 68
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......y and therefore, the appellants most sincerely submitted and undertook that in future they will be most careful not to repeat such incident as would amount to contempt of Court. 8. At the hearing of the Rules Mr. Mahmudul Islam, a Senior Advocate of the Supreme Court of Bangladesh was a..Category: Criminal Law | Date: | Hits: 64
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......ubash and Shajal Gope assaulted Jayanta Gope with dagger and when Susanta Gope came out of the house the accused petitioner Yogeshwar assaulted him with dagger and Susanta Gope then fell down, and on hearing the hue and cry raised by the inmates neighbours came forward. Thereafter Susanta Gope was t..Category: Criminal Law | Date: | Hits: 47
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for such release and that, before hearing of the rule on appearance of the Appellant………………(1..Category: Criminal Law | Date: | Hits: 57
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......l and thus is silent as to other persons including accused Mohan, Taeyab, etc. 17. He also deposed as to blasting of a bomb but he did not appear to have made any such statement to PW 1 who after hearing him lodged the first information report and, as such, the first information report is silent..Category: Criminal Law | Date: | Hits: 67
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......ivision and the Adalat upon failing to appreciate the legal position and the evidence on record were in error in convicting and sentencing the condemned prisoner. 10. In the course of hearing of the appeal the learned Counsel raised question of jurisdiction of the Adalat to try ..Category: Criminal Law | Date: | Hits: 59
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ow cause as to why they should not be enlarged on bail till the disposal of the appeal. The Rule was discharged by the impugned order. The petitioners submit that when there is no likelihood of the hearing of the appeal within next three years and there is a genuine apprehension that petitioners..Category: Criminal Law | Date: | Hits: 50
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....ed by the High Court Division in appeal. 2. The petitioner made an application on 19.12.1980 to the District Anti‑Corruption Bureau, Dhaka whereupon an Assistant Inspector made a preliminary enquiry and then lodged a FIR on 29.12.81 at Tongibari PS. The allegation briefly was t......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......elayed till 1984, when the same was decreed ex parte, but subsequently on the prayer of the defendants the suit was restored to its original file and number. The suit ultimately came up for final hearing after 25 years, when the same was dismissed in January, 1987 by Mr. AKM Fazlul Karim, Subo..Category: Criminal Law | Date: | Hits: 141
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......duced to support it. Lastly, the learned Counsel has argued that, according to prosecution, Tara was not at all in the Picture from before, but he was killed only because he had rushed to the spot hearing the news of his brother's injury. In such circumstances, the learned Counsel has argued, th..Category: Criminal Law | Date: | Hits: 93
....tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......ained under section 3(2) of the Special Powers Act, that she challenged the said detention under section 491 of the Code of Criminal Procedure in Criminal Miscellaneous Case No. 173 of 1988 and after hearing the High Court Division by order dated 16.2.1989 made the Rule absolute and directed the rel..
Category: Criminal Law | Date: | Hits: 88
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......tions 302/34 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Tk. 25,000'00 each, in default to suffer RI for 2 years more. A Division Bench of the High Court Division hearing the resultant Death Reference No. 1 of 1985 with Criminal Appeal No. 42 of 1985 proferred b..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......festly wrong. 14. It is true that the evidence referred to above was not noticed by the High Court Division but then it is to be borne in mind that the High Court Division Court Division was hearing the matter in revision against an Order of acquittal at the instance of the informant. The..Category: Criminal Law | Date: | Hits: 51
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......ll apply to the proceedings of the court of a Special Judge "in so far as these are not inconsistent with this Act". But such provisions of the Cr.P.C. will apply only for the purpose of hearing and disposal of a Special Case. Transfer of a case from one Special Judge to another Specia..Category: Criminal Law | Date: | Hits: 118
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