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Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......nother accused under section 25C of the Special Powers Act, 1974 and eventually the case was transferred to the Court of Anti-Smuggling Tribunal, Dhaka for disposal. On 24-2-90, the date fixed for hearing of the charge, it was argued on behalf of the accused-petitioner that the offence disclosed..Category: Criminal Law | Date: | Hits: 99
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......that in those criminal cases the detenu had obtained bail from the Court of the Chief Metropolitan Magistrate, Dhaka—facts which could not be brought to the notice of the Court at the time of hearing of the Writ Petition. It was urged in the review petition that there was no nexus between ..Category: Criminal Law | Date: | Hits: 99
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......minal Procedure in its revisional authority in the interest of justice. 11. In the facts and circumstance of the case we are not inclined to send back the case to the High Court Division for hearing the appellant’s revisional application on merit as on the face of the record we are satisf..Category: Criminal Law | Date: | Hits: 78
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......Sub-section (2) of section 171 of the Code provides that it shall be the responsibility of the police officer to ensure that the complainant or the witnesses appear before the Court at the time of hearing of the case. It is the primary responsibility of the conducting police prosecutor or the pu..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......de of Criminal Procedure, the learned Sessions Judge committed no illegality in relying and passing the judgment upon the evidence recorded by the Special Martial Law Court. 11. At the hearing of the appeal, Khandaker Mahbub Hossain, learned Advocate appearing for the respondents, r..Category: Criminal Law | Date: | Hits: 120
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......er submits, it will be an abuse of the process of the Court to allow an absconding accused who be jumped the bail to have the luxury of cross-examining PWs on recall. 10. We adjourned the hearing of the leave at petition to enable the petitioner to produce the Order Sheet of the trial M..Category: Criminal Law | Date: | Hits: 73
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ue the High Court Division ought not to have passed the interim order and that too without any provision for a guarantee to protect the ultimate interest of the Government. 5. At the hearing of the appeal Mr. Mahmudul Islam, learned Counsel for the respondent-appellant, has taken ..Category: Criminal Law | Date: | Hits: 119
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......nbsp; 2. The present appellants and accused Abu Taher Miah preferred separate appeals against the aforesaid order of conviction and sentence and a Division Bench of the High Court Division hearing the three Criminal appeals together by a common judgment and order dated 11th and 12th Janu..Category: Criminal Law | Date: | Hits: 130
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... of the contractors from his land and there a fighting between them caused the death of the victim. They have been falsely implicated in this case. 4. The learned Sessions Judge upon hearing the parties found the petitioner guilty of the allegation levelled against him and convicted..Category: Criminal Law | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......;onment for three months more and the sentences to run consecutively. 4. The respondent Abdul Kalam preferred Criminal Appeal No. 2897 of 1999 and the High Court Division after hearing the parties allowed the said appeal, setting aside the judgment and order of conviction of t..Category: Criminal Law | Date: | Hits: 92
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......y. 3. Being aggrieved the petitioner moved the High Court Division under Section 561A of the Code of Criminal Procedure seeking quashing of the proceedings. The High Court Division after hearing the parties by impugned judgment and order discharged the Rule. Hence, is this pet..Category: Criminal Law | Date: | Hits: 81
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......a struck at the forehead of deceased Sobhan with stone causing bleeding injury, accused Bashir also struck with another stone on the chest and other accused persons assaulted the said Sobhan. On hearing alarm raised by Sobhan neighbouring people started coming to the place of occurren..Category: Criminal Law | Date: | Hits: 95
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ...... been registered as Sessions Case No. 365 of 2002 and the case has been transferred to the 4th Court of the learned Additional Sessions Judge for trial and the learned Additional Sessions Judge after hearing both the parties framed charge against the accused petitioner and others under sections 302/..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......e have heard Mr. Abdur Rouf, the learned Deputy Attorney General for the State petitioner and perused the judgment of the High Court Division and other connected papers. 7. At the time of hearing the learned Deputy Attorney General frankly submits that there is practically no legal evide..Category: Criminal Law | Date: | Hits: 83
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......ee) years 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 presse..Category: Criminal Law | Date: | Hits: 97
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