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State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......os, etc. in the law and the legal system of the country and the consequent sufferings, miseries, harassment and woes caused to the litigants and all other concerned that we came across during the hearing and disposal of this appeal, due to hasty, short‑sighted, mushroom growth in the l..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ....... The usual practice of trial of cross‑cases is that both should be tried by the same Judge simultaneously or one after another and judgments therein should be delivered after concluding the hearing of both. The question as to trial of a case along with a counter‑case has been examin..Category: Criminal Law | Date: | Hits: 69
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In another full bench case, Gaetano Colaco Vs. Joao Rodrigues, AIR 1966 Goa, p.36, cited by Mr. Rashid, it has been held that the section (145) contemplates actual possession on the date when the preliminary order is passed. Actual possession is not the same thing as a right to possession, nor ...... being aggrieved by the said order of the learned Magistrate moved the learned Sessions Judge, Mymensingh under sections 435/439A Cr PC The case, Criminal Revision No. 110 of 1985, was taken up for hearing by the learned Additional Sessions Judge, 1st Court, on 15.3.87 but the second party remai..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......r and on entering the room he put off the lamp and that immediately he inflicted dao blows on Zahura Khatun. He also stated that thereafter he along with Hazrat Ali started towards their house and hearing hue and cry of Shamsul Haque he along with Hazrat Ali again came back to the place of occur..Category: Criminal Law | Date: | Hits: 69
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......alleging, inter alia that on the night following 28.9.81 she and her husband were sleeping on the open verandah in his north bhiti hut along with their minor son Bipon. She woke up at about 1 AM on hearing cry of her husband who shouted stating that he had been given blow by sharp cutting weapon...Category: Criminal Law | Date: | Hits: 68
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... while admitting the appeal the court Suo motu issued notice to the appellants other than Walia to show cause while they should not be convicted under 302/149 and the sentence enhanced. Upon final hearing of the appeal the learned of the High Court committed the sentenced of death passed on Wali..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ...... section 457 and the other under section 380 of the Penal Code. 2. The prosecution case is that Badsha Mia, informant on the night following 10-3-67 at about 1-30 A.M. woke up from sleep on hearing cries of his wife. He lit his torch and saw the two accused inside his hut. The accused the..Category: Criminal Law | Date: | Hits: 74
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ......for 3 years each and to pay a fine of Tk. 300/- and the rest of the accused were acquitted. 3. The appellant and 5 other convicted accused filed an appeal to the High Court Division but before hearing of the appeal the 5 other convicts were released in pursuance of an order of clemency pass..Category: Criminal Law | Date: | Hits: 63
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......d Sushila Pesakar alias Abeda Khatun, might be murdered and thereby committed an offence punishable under section 36 of the Penal Code and within my cognizance." While hearing an appeal against the conviction under section 364 the following observation was ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......March, 1987 that his younger brother (PW 2) with the bullet injury had been admitted at Dhaka Medical College Hospital went there and he (PW 2) narrated to him the incident in detail and that after hearing about the incident he (PW 1) went to the Meghna Ferry Ghat and heard about the incide..Category: Criminal Law | Date: | Hits: 74
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ...... to take away the dagger from the hand of victim Mahfuz and in the scuffle Mahfuz was struck in his throat. He did not intentionally strike tile victim. Some of the neighbours coming to his hut on hearing his cries found him in dying condition and sent him to Mymensingh Medical College Hospital ..Category: Criminal Law | Date: | Hits: 55
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......spot. Jaj Mia who was critically injured came home running with bleeding injuries on his person and disclosed that his father Abdur Rashid had been murdered on the eastern side of their homestead. On hearing the informant Yeasin Ali, uncle of deceased Abdur Rashid rushed to the place of occurrence a..Category: Criminal Law | Date: | Hits: 49
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ...... behalf of the State has been filed. We have to presume that there is no explanation worthwhile offering. Time, was taken by Counsel for filing a counter affidavit when this writ petition came up for hearing last time. but none is forthcoming yet". 7. Similar views were expressed in Altaf Ahma..Category: Criminal Law | Date: | Hits: 75
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....986, on the prayer of the wife of accused Mukhlesur Rahman, petitioner before us, one Moksedul Islam, Assistant Superintendent of Police Criminal Investigation Department, Comilla Camp submitted a preliminary report to the effect that the Criminal Investigation Department had taken up re‑i......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... station for necessary action and Police on 2.3.1993 started the aforesaid case against the respondent. The learned Judges were informed by the learned Deputy Attorney‑General at the time of hearing that the Police had already submitted charge‑sheet on 22.8.1994 against the responden..Category: Criminal Law | Date: | Hits: 64
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....they did not receive any CI sheets which indicated that the CI sheets were distributed to fictitious persons and the value thereof was misappropriated. The District Anti‑Corruption Officer, after a preliminary enquiry, lodged a first information report on 31.12.91 against the appellant‑(MP), the......e of a Cabinet Minister out of political rivalry and that the facts alleged against him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 1993, discharged the Rule issued earlier on..Category: Criminal Law | Date: | Hits: 76
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......n. She returned to her house at Jessore and filed the petition of complaint on 3-9-87 under sections 363/342/357/379 of the Penal Code. The respondent was summoned by the learned Magistrate and after hearing both the parties and their Advocates the learned Magistrate discharged the respondent under ..Category: Criminal Law | Date: | Hits: 85
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ...... denies the allegations of t1 respondents and contends that the High Cowl Division without giving an opportunity to the appellant to meet the allegations wrongly passed the order of transfer after hearing the respondents and the learned Assistant Attorney General. Mr. Matiul Islam, who suo motu ..Category: Criminal Law | Date: | Hits: 63
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....rd and also the points of law involved in the case. 10. The impression which I have gathered from the reading of the judgment delivered by the learned Special Judge impels me to refer to the preliminary and important principles of law required to be kept in mind by the lower judiciary whi......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
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