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Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ...... Md. Khurshid Alam Khan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 372 of 2007. (From the judgment and order dated the 11th day of Febr......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......p;….Petitioners Vs. The State............................Respondent Judgment August 18, 2008. Case Referred To- Khoka Vs. State 4 BLC (AD) 86. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mrs. Sufia Khatun, Advocate..Category: Criminal Law | Date: | Hits: 47
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......cquitting them of the charge levelled against them. 2. The prosecution case is that P.W.1 Md. Anisur Rahman, father of the deceased A.B.M. Mamunur Rashid alias Mamun lodged the First Information Report(F.I.R.) on 22.12.1987 with Naogaon police station alleging that on 22.12.1987 at a...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......d to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu Miah and others, 54 DLR (AD) 60. Lawyers Involved: Zahirul Haque Zahir, Deputy Attorney General, instructed by Md. Sajj..Category: Criminal Law | Date: | Hits: 58
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......ittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64;......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......s. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain Advocate-..Category: Criminal Law | Date: | Hits: 64
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ...... whether there is any circumstantial evidence to corroborate the retracted confession of a co-accused on the basis of which these four appellants have been convicted and sentenced to transportation for life under section 302/34 of the Penal Code, keeping in view the legal position that the state......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......=12 DLR-SC-156; Gul Hassan and another Vs. The State, PLD 1969 SC 89; Md. Bashir V The State, Supreme Court Monthly Report (1970) Vol 111, 351; Md. Rafiq V. The State, PLD (1974) SC 65 Lawyers Involved: Abdul Malek, Senior Advocate instructed by Syed Sakhawat Ali, Advocat..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ...... Drug Control Ordinance, 1982 are to be tried by the Special Tribunal set up under the Ordinance. A Court of Magistrate is incompetent to take cognizance and try such offences. Proceeding before the Upazilla Magistrate was without Jurisdiction as special procedures provided for investigat......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......f an act under both the General law as well as under the Special law constitutes an offence, in such a case it would be more appropriate to prosecute the offender and convict him under the Special Law, if the offence falls strictly within the provisions of the Special Act and does not go beyond&..Category: Criminal Law | Date: | Hits: 59
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......ut drawing the attention of the accused to the point when examined under section 304 of the Penal Code. In such circumstance, it was the duty of the appellate Court to send back the case on remand for a re-trial of the case on framing on appropriate charge against him, but it was not done. ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... in the circumstances of the case, it was too late to order a re-trial of the accused. In the result, the order of conviction and sentence under section 304 of the Penal Code was set aside. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat..Category: Criminal Law | Date: | Hits: 57
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......son to fine only where there is no provision of sentence of imprisonment in the rule under which the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advoc..Category: Criminal Law | Date: | Hits: 39
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......lved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent No.1 Not represented- Respondent No. 2 Criminal Petition for Leave to Appeal No.105 of 2005 (From the judgment and order dated 11.01.2005 passed by ...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......;.Petitioners Vs. Mosammat Rabeya Sultana (Koli) and another…………………….Respondents Judgment October 2, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Sufia Khatu..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... Judgment April 17, 2008. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 431 of 2006 (From the judgment and order dated the 6th day of March...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... (on bail) Vs. The State, represented by the Deputy Commissioner, Mymensingh and Others …………Respondents Judgment April 17, 2008. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not re..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......d: Monsur Habib, Additional Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......……………………………………………….Respondent Judgment May 14, 2008. Lawyers Involved: Monsur Habib, Additional Attorney General instructed by Abu Sams Md. Khal..Category: Criminal Law | Date: | Hits: 45
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......Jail Appeal No.860 of 2003.) Judgment Md. Abdul Matin J. - These jail petitions for leave to appeal are directed against the judgment and order dated 13.08.2007 and 14.08.2007 in ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......p;…………………………………….Respondent (In both the Petitions) Judgment February 8, 2009. Lawyers Involved: A.B.M. Bayezed, Advocate-For the Petitioners. J.B.M. Hasan, Deputy ..Category: Criminal Law | Date: | Hits: 41
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ...... Division in Criminal Revision No. 128 of 1996). Judgment Mohammad Gholam Rabbani J. - This appeal must be allowed, but only on a technical law point and the necessary facts strictly for its disposal are as follows: 2. Appellant Hazera Khatun along with others were put in tr......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......Mohammad Fazlul Karim J Hezera Khatun ............Appellant Vs. The State and others…………...Respondents Judgment May 30, 2001. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidulla..Category: Criminal Law | Date: | Hits: 42
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......l Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made reference to the High Court Division for confirmation of sentence of death passed in respect of Ershad Sikder and Faruque alias Jamai F...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... The State………...Respondents (In both the appeals) Judgment October 30, 2004. Case Referred to- Abdul Qadir Vs. The State 8 DLR (SC) 165. Lawyers Involved: Abdul Malik, Senior Advocate, instructed by A. K. M Shahidul Huq, Advocate..Category: Criminal Law | Date: | Hits: 45
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......nal Revision Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No. 17 of 1987. Petition for leave to Appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No. ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ....................Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman & others......... Respondents (In all the appeals) Judgment March 1, 2004. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocat..Category: Criminal Law | Date: | Hits: 40
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......Sufia Khatun, Advocate-on-record - For the Petitioners. Md. Abu Siddique, Advocate-on-record - For the Respondent No. 1. Not represented - Respondent No. 2. Criminal Petition for Leave to Appeal No. 156 of 2008. (From the Judgment and Order dated 13th March, 2008 pas......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ...... J Md. Abdul Matin J Abu Borhan Siddique and another........Petitioners Vs. Mrs. Safiya Asaf Ali and another........Respondents Judgment June 17, 2008. Lawyers Involved: Sufia Khatun, Advocate-on-record - For the Petitioners. Md. Abu Si..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246....... 146 of 2008. (From the Order dated 9th December, 2007 passed by the High Court Division in Writ Petition No. 9600 of 2007) Judgment Md. Ruhul Amin CJ.- This Appeal and the Criminal Petition for Leave to Appeal were heard together since the respondent No.1 in Civil Appeal No. 36 of 2008 and......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246........ Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz Siddique, Additional Attorney General, instructed by A. S. M. Khaleq..Category: Criminal Law | Date: | Hits: 51
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......e judgment and order dated 1.3.2001 passed by the High Court Division in Criminal Miscellaneous Case No. 1627 of 2001 filed under section 561A of the Code of Criminal Procedure rejecting the prayer for quashing the judgment and order dated 16.2.2000 passed by the learned Special Tribunal Judge, ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... The State...........................................Respondent Judgment April 6, 2004. Case Referred to- Nikunja Bihari vs. Special Tribunal, 27 DLR 309. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-o..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..............................Respondent Judgment June 26, 2004. Result: The review petition is dismissed. A review is never meant nor can be allowed to be utilized as another opportunity for rehearing a matter which has already been closed by a final judgment……………………..(7......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......smissed. A review is never meant nor can be allowed to be utilized as another opportunity for rehearing a matter which has already been closed by a final judgment……………………..(7) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-F..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......bsp; MM Ruhul Amin J.- Petitioners are seeking review of the judgment dated 19.07.2003 passed by this Division dismissing the Criminal Petition for leave to Appeal No. 108 of 2003 which was filed challenging the judgment and order dated 24.03.......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ...... and others.................................Petitioners Vs. The State and another.....................................Respondents Judgment January 5, 2004. Lawyers Involved: S. M. Zillul Haque, Senior Advocate instructed by Md. Aftab Hossain, Advo..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......vices by order dated 25.07.1996 whereupon they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka but the plaint of the suit was returned for presentation before the proper Court by order dated 03.08.1996. The respondent Nos. 1 and 2 fil......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......t of Bangladesh & others........Appellants Vs. Md. Anwarul Islam being dead his heirs Most. Afroza Begum & others....Respondents Judgment July 26, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal H. Khan, Addition..Category: Criminal Law | Date: | Hits: 49
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