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Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ...... petition of complaint on 31.03.1994 before the court of the learned Magistrate, Jessore under Sections 406/409/420/465/467/471 of the Penal Code read with Section 5(2) of Act II of 1947 against 17 accused persons including the petitioners. According to the said petition of complaint the complaina..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ...... Sadar Thana Magistrate, Perojpur and the said complaint petition has been registered as M.P. Case No.319 of 1992 and later on again registered as C.R. No.243 of 1993 alleging, inter alia, that the accused-petitioner is his married wife; that during the last liberation war of Bangladesh the father..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......cate for the appellant, however, remained meticulously silent on this legal proposition. The Sub-section (2) of Section 339B of the Code of Criminal Procedure provided that after appearance of an accused before the Court or his release on bail, if the accused person absconds or failed to appear,..Category: Criminal Law | Date: | Hits: 89
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......9(Umo) of the Emergency Powers Rules, the High Court Division is perfectly justified in exercising its writ jurisdiction. 6. As noticed above, the learned Special Judge framed charge against the accused respondent under sections 409/420 of the Penal Code and section 5(2) of the Prevention of Co..Category: Anti-Corruption Laws | Date: | Hits: 214
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ...... suffer rigorous imprisonment for one year more. 2. The fact, in short, is that on 31.8.1997 S.I. Md. Lutfar Rahman, along with his other companion constables went to Patrol duty for arresting two accused from village-Bagdanga, within Police station-Kotwali, District Jessore. When they reached ne..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....t but Chhoto Shahadat and Jony were wrongly convicted under section 326/34 of the Penal Code for causing hurt to only P.W.2 and even without framing any change for that act and moreover Liton, having absconding all through and the death of the victim being the cumulative effect of the injuries cause......30 P.M, when his only son Md. Ashraful Haque Molla alias Asha, the victim, and his companion Ratan were coming home from Nabigonj by rickshaw and reached near Jam-e-Masjid of Miapara the F.I.R. named accuseds and 4/5 others, who as planned were waiting there, stopped the rickshaw and brought down th..Category: Criminal Law | Date: | Hits: 56
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......se who has already been proved by the P.W.'s; that the finding of the trial Court disbelieving the evidence on record without assessing and judicially considering the evidence on record acquitted the accused persons on presumption and surmise; that the High Court Division without discussing the evid..Category: Criminal Law | Date: | Hits: 75
State Vs. Shahin and others, 2010, 39 CLC (HCD)
.... the vital witness Kader. From the evidence of P.W.21, the Investigating Officer it is evident that one day after the occurrence Swapan was arrested from his house when he was sleeping and he was not absconding like Shahin. Prosecution failed to prove by adducing any circumstantial evidence that Swa......pan and Apple along with 5/6 others assaulted him at the south east side of Hobi Matbor's house at village Dergram. Al-Amin inflicted on his left arm by a sharp cutting weapon causing serious injury, accused Shahin and Masud by sharp cutting weapon cut his vain of the leg, Apple and Swapan armed wit..Category: Criminal Law | Date: | Hits: 76
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......ainst the judgment and order of conviction and sentence dated 01.06.1997 passed by the learned Special Tribunal Judge, Court No. 3, Jhenaidah, in Special Tribunal Case No. 29 of 1996, convicting tine accused appellant under section 19 (A) and 19 (f) of the Arms Act 1878 and sentencing him to suffer ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......C for quashment of the proceedings of Special Case No. 4 of 2008 pending in the Court of Special Judge Court No. 7, Dhaka.) Judgment Md. Rezaul Hasan J.- In this matter, at the instance of the accused-petitioner, a Rule under section 561A of the Code of Criminal Procedure, 1898 (the Code) has..Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......y General ‑ For the State. Criminal Revision No. 657 of 1992. Judgment Habibur Rahman Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused petitioner HM Ershad, the former president of Bangladesh, is directed against the order date..Category: Criminal Law | Date: | Hits: 286
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....it is obligatory upon the learned Judge of the Tribunal to publish in Official Gazette, a direction on the accused to appeal before the Tribunal before holding the trial if the accused was considered absconding because of their absence. 20. It appears from the record of the case that though the n......of conviction and sentence dated 11.11.1991 passed by the learned Judge of Special Tribunal No.3 and Assistant Sessions Judge, First Court, Sylhet in Special Powers Case No.137 of 1989 convicting the accused-petitioners under section 4(c) of Cruelty to Women (Deterrent Punishment) Ordinance, 1983 an..Category: Criminal Law | Date: | Hits: 86
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......sain Dipzol at liberty, if not wanted in any other case. 2. Facts of the case, in short are that One A.S.I. Md. Asaduzzaman lodged a First Information Report with Mirpur Police Station against the accused petitioner-respondent alleging, inter alia, that with his force along with Joint Force on 15..Category: Criminal Law | Date: | Hits: 67
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......n between the informant's father and Kachan Ali. There were also civil and criminal cases against the informant's father. Due to enmity arising out of the litigation, the informant suspected that the accused persons are killers of his father and accordingly FIR was lodged by Amjad Hossain, son of th..Category: Criminal Law | Date: | Hits: 76
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......tant Attorney-General with Kazi Md. Mahmudul Karim, Assistant Attorney-General—For the Opposite Party. Criminal Revision No.1100 of 1993. Judgment Syed Md Ziaul Karim J.- By this Rule, the accused petitioners have challenged the legality and propriety of the order of framing charge dated ..Category: Criminal Law | Date: | Hits: 71
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......udgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No. 4850 of 2005) Judgment Nazmun Ara Sultana J.- This criminal petition has been filed by the convicted accused seeking leave to appeal against the judgment and order dated 12-8-2009 passed by the High Co..Category: Criminal Law | Date: | Hits: 64
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....eneral and Mrs. Nur Jahan Mukta, Assistant Attorney General -For the State. Reaz Uddin Khan-For the Appellant (In Criminal Appeal No. 3243 of 2005) Hafizur Rahman Khan, State Defence Lawyer-For absconding convict. Death Reference No. 96 of 2005. With Criminal Appeal No.3243 of 2005. ......tur Rahim J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge, Druta Bichar Tribunal, Rajshahi for confirmation of sentence of death imposed upon accused Ashraf Ali son of late Abesh Ali, Ataur Rahman son of late Idris Ali @ Idi Fakir, Ashraf ali..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......appeal is directed against the judgment and order passed by Additional Sessions Judge, 2nd Court and Anti Smuggling Court, Comilla on 11.10.92 in Special Tribunal Case No.109 of 1991 convicting the accused appellants under section 25B(2) of the Special Powers Act, 1974 and sentencing them to suffe..Category: Criminal Law | Date: | Hits: 75
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ...... Station on 12.08.2004 at 20.10 hours giving rise to Kotwali P.S. Case No.24 dated 12.08.2004 under section 25(B) of the Special Powers Act naming eight persons, including the principal respondent as accused. Accused Nos. 2-7 were the employees of the principal accused. Accused No. 2-7 were arrested..Category: Criminal Law | Date: | Hits: 83
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Barrister Nazmul Huda, in person, Senior Advocate with Md. Ashanur Rahman, Advocate- For the accused-appellants. Md. Momtaz Uddm Fakir, Additional Attorney General with Khondker Diluruzzaman..Category: Criminal Law | Date: | Hits: 101
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