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Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)

.... Vs. State............................................Opposite-Party Judgment January 26, 2011. Result: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corro......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237.   ..

Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....t at all true and voluntary. 6. The learned Judge of the Tribunal below having heard both the parties and considering the evidence and materials on record passed the impugned Judgment and order of conviction and sentence dated 4.5.2005 convicting all the above named 5 accused persons including th......ivision (Criminal) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State...........................Petitioner Vs. Noor Islam and others.........................Condemned-prisoners Noor Islam & others............Appellants Vs. The State.......................

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

State Vs. Alam, 2011, 40 CLC (HCD)

....ith Criminal Appeal No.3531 of 2005 with Jail Appeal No. 970 of 2005. Judgment Syed Refaat Ahmed J. - The condemned-prisoner Alam, Son of late Kiran @ Keramat Ali has been convicted under section 11 (ka) of the Nari-o-Shishu Nirjatan Daman Act, 2000 ("the Act") attracting......Vs. Netrapal, 2007 4 Supreme Court Case, 45. Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Sheikh Rafiqul Islam, Ms Sultana Nasrin, Md. Taslim Uddin, Advocates—For the condemned-prisoner. Bhishmadev Chakrabarty, Deputy Attorney-General with Atiqur Haque (Salim) Assistant A..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

...., challenging the legality and propriety of the judgment and order dated 18-2-2008 passed by the learned Judge Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari in the Nari-o-Shishu Case No.336 of 2004, convicting the appel­lant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2003 and sent......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55...

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....d. Rezaul Hasan J.- This appeal under section 28 of Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain) has been preferred by the two Convicts-Appellants namely Mrs. Rehana Begum and Jamaluddin, out of four convicts, challenging the legality and propriety of the Judgment and order dated 25.07.2005 passed b......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....mdash;For the Appellants. SS Barker, Deputy Attorney-General—For the State. Criminal Appeal No.2581 of 2001. Judgment SM Emdadul Hoque J.- This Appeal at the instance of the convict appellant Abul Hashem and 2 others is directed against the judgment and order dated 24-5-200......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... order of the Court. His or her appearance is ensured by means of a warrant if necessary. If he does not surren­der to the process nor his arrest is secured, then the execution of the order of the conviction and sentence in dispensa­tion of justice is defeated. He remains a fugitive from justi...... responsibil­ity involving contempt of Court in appearing for fugitive convict. Attorneys and members of the bar mind the serious consequence of committing contempt of Court in moving on behalf of a prisoner who is a fugitive from law. The appeal filed by the counsel on the basis of the power of at..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109

Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

....sons with the crime, or at least by some circum­stance connected with the woman which would serve by itself to show that her story of rape is true…………………(30) It will be unsafe to convict the appellants in the absence of any credible evidence against them…………………(32)......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....tagir Hussain J.- This appeal is directed against the judgment and order dated 26-7-2007 passed by the special Court No.3, Dhaka in special Case No.1 of 2007 arising out of Tejgaon PS Case No.19(3)07 convicting the accused appellant and sentencing him to suffer imprisonment for 3 years under section......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)

....raw an inference against the party withholding it. If a material witness is deliberately or unfairly kept back, a serious doubt is cast on the propriety of the trial itself and the validity of the conviction resulting from it may be open to challenge…………………….(34 & 44) Ca......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ..

Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....e No.82 of 2005 with Criminal Appeal No. 2368 of 2005 with Jail Appeal No. 651 of 2005. Judgment Sharifuddin Chaklader J. - The learned Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna convicted the condemned prisoner Anjali Debi alias Monju Debi under section 6(1) of the Nari-o-Shish......dicial determination of a punishment to be inflicted on the facts of the given case. A Judge is sitting for doing justice; a Judge is not a butcher who sits only to hang the accused. Even a condemned prisoner has the right to know why he or she was sent to the gallows or why he/she is to die……â€..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ese Rules the respondents were called upon to show cause as to why the sec­tion 138A of the Negotiable Instrument (amendment) Act, 2006 putting an embargo in filing of appeal against the order of conviction and sentence under sub-section (1) of section 138 of the Negotiable Instrument Act unless......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 264.   ..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

.... matter, there is no merit in such argument that deposit of 50% cheque amount at the time of preferring appeal after losing the case is one kind of punishment or taken away the statutory right of the convict-petitioner to prefer appeal……………………(38) The Negotiable Instruments Act,......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)

.... preferred this criminal appeal against the judgment and order, dated 3-5-2006, passed by the learned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in Nari-o- Shishu Nirjatan Case No.31 of 2004, convicting him under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 to suffer imprison......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ..

Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7

Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....e learned Magistrate revealed that the detenu was being detained on the basis of a warrant of arrest issued by a Court of Kuwait in Felony No.132/99. The Government claimed that the detenu was a life-convict in a criminal case in Kuwait. Admittedly, there is no 'Extradition Treaty' between Banglades...... that if a fugitive offender, who, has been taken into custody to await his surrender, is not conveyed out of Bangladesh within two months after such committal, the High Court Division may order such prisoner to be discharged unless sufficient cause is shown to the contrary. 11. The confessional ..

Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

.... Criminal Miscellaneous Case No.7586 of 2007. Judgment Md. Rais Uddin J.-This Rule on an ap­plication under section 561A of the Code of Criminal Procedure was issued at the instance 6f convict petitioner Md. Karamot Ali alias Rafique alias Rafiqul Islam calling upon the opposite party......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

Abdul Hannan Vs. State, 2008, 37 CLC (HCD)

.... be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used only as a corroborative piece of evidence. The rule of prudence does not ......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ..

Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175

State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)

....(hereinafter referred as the Ain) submitted by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting him under sec­tion 11 (ka) of the Ain by the judgment and order dated 23-11-2004 passed ......yers Involved: Zahirul Hoque Zahir, Deputy Attorney-General with ABM Mahbub Suman, Assistant Attorney-General - For the State. Md. Hafizur Rahman Khan, State Defence Lawyer - For the condemned-prisoner. Death Reference No.159 of 2004 with Jail Appeal No.1237 of 2004. Judgment AKM Faz..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)

....spondent. Criminal Appeal No.3627 of 2007. Judgment SM Ziaul Karim J.- By this Appeal, the con­vict appellant has challenged the legality and propriety of the judgment and order of convict­ion and sentence dated 26-7-2007 passed by the learned Additional Sessions Judge, First ......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

....te-For the Convict-Appellant. Osman Gani, Assistant Attorney General-For the Respondent. Criminal Appeal No. 3627 of 2007. Judgment Syed Md. Ziaul Karim J.- By this Ap­peal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3