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Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ovi 5 BLT (AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.140 of 2005. (From the judgment and order dated 23-2-2005 passed by t......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... February 26, 2007. Cases Referred To- Abid Hossain Babu Vs. Gazi Mojibul Hoque 4 MLR 55; Samarendra Nath Goswami vs. Helena Herlovi 5 BLT (AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. ..Category: Criminal Law | Date: | Hits: 39
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A of the Code of Crim......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another Vs. State of Kerala and others, AIR 1997 (Kerala) 291; Myers V. United States, 272 U.S. 52,71,L.Ed.160. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellants (In both c..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......07/379/365 and 34 of the Penal Code read with Sections 3 and 4 of the explosive substance Act. 2. The facts, in brief, are that one Nazrul Islam on 17.06.2002 filed a petition of complaint before the learned Magistrate, Comilla alleging, inter alia, that he was a contractor and got a ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......ate, Represented by the Deputy Commissioner, Comilla......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Respondents Judgment January 10, 2005. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Md. Faisal H. Khan, Assis..Category: Criminal Law | Date: | Hits: 71
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ...... Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring incon......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......asji Tata Rawool and others Vs. State of MaharashÂtra, 1971 Vol.III SCC 416; 1969 Vol.I SCC 48; 18 DLR (WP) 112; Lachman Singh Vs. State AIR 1952 (SC) 167; AIR 1972 (SC) 975; AIR 1971 (SC) 1405. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-R..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......-known concept of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped and accused ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......resh prosecution on the selfsame facts after a proceeding is stopped and accused released under section 339C (4) of the Code. Order of the High Court Division is thus confirmed…………..(7 & 9) Lawyers Involved: KS Nabi, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 46
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......on-Record-For the Petitioners. Mansur Habib, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passe......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......ip;………………......Petitioners (On bail) Vs The State and another ......................Respondent Judgment August 29, 2005 Lawyers Involved: Abdul Majid, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Reco..Category: Criminal Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......p; Syed J. R. Mudassir Husain CJ : This is an appeal by the State arisen out of the leave granting order dated 12-07-2000 passed by this Division in criminal petition for leave to Appeal No.37 of 2000 which was preferred against the judgment and order dated 14-11-19...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......bir Chowdhury J The State. ..................................Appellant Vs A. K. M. Saiful Islam.......................Respondent Judgment November 21, 2005 Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by A. K. M. Shahidul Huq..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......smissed. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General instructed by B. Hossain Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.152 of 2003 (From the Judgment and Order dated 27.08.2002 passed by the Hi......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ...... Kabir Chowdhury J The State …………….............Petitioner Vs. Ali Ahmed and other..........Respondents Judgment February 23, 2005. Result: The petition is dismissed. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General instructed by B. Hossain Advoc..Category: Criminal Law | Date: | Hits: 43
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for, the alleged liability incurr......etition Case No.663C of 1982. In that case an order of discharge was passed on 18.8.82 under section 250(h) Cr.P.C. ii. During the pendency of the said case the complainant approached the District Martial Law Administrator, Khulna with the same alleÂgation and the accused appellant No.1 was aske......heating, for, the alleged liability incurred is essentially civil in nature. Thus the appeal is allowed and the impugned criminal proceeding pending against the appellants quashed………….(8) Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — ..Category: Criminal Law | Date: | Hits: 59
State Vs. Mofizuddin and other, 2005, 34 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. ...... Patwary, Advocate-on- Record- For the Petitioner Abu Siddique, Advocate-on-Record- For Respondent No. 3 Not Represented- For Respondent Nos.1-2, 4-6 Criminal Petition for Leave to Appeal No. 135 of 2004 Judgment: &nb......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. ...... The State......................Petitioner Vs Mofizuddin and other………………….Respondents Judgment November, 2005 Lawyers Involved: Abdur Rouf, Deputy Attorney General instructed by, Ahsan Ullah Patwary, Ad..Category: Criminal Law | Date: | Hits: 40
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The peÂtition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ade by a Division Bench of the High Court Division is treated as expunged from the judgment in question. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Judicial decorum Prayer for expunging certain observations of Division Bench of the High Court Division in Criminal Appeal N......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The peÂtition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ing admitted by the learned advocate and also assurance given that no such repetitions will occur and the impugned findings emanated from such wrong, be expunged…………………..(6 & 8) Lawyers Involved: T.H. Khan, Senior Advocate, (M. A. Wahab Miah, Advocate, with him) instructed b..Category: Criminal Law | Date: | Hits: 55
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......: The appeal is allowed. The Criminal Procedure Code, 1898 (V of 1898), sections 1(2), 339C The Special Powers Act, 1974 (Act XIV of 1974), section 29 Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Specia......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......he law makers. This court, therefore, clearly of the view that sec. 339C of the Code is applicable to the proceedings as to trial of the appellant under the Special Powers Act……………..(7) Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by ..Category: Criminal Law | Date: | Hits: 58
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.......……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an ord...... January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an applic......ners Vs. Mahtabuddin Ahmed...................……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Par......Vs. Mahtabuddin Ahmed...................……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 ..Category: Criminal Law | Date: | Hits: 53
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......ction 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand......he courts below have rightly convicted the appellant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......is too much to ask for any such evidence of motive. The dying declaration was not free from reasonable doubt. So, the appellant is entitled to benefit of doubt……………………(20 & 23) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, instructed by Sharifuddin Chaklader, Advoca..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......te. Jail Petition No. 20 of 2004 Judgment: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Divisio......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......n Islam…………Petitioner Vs The State……………………Respondent Judgment February 5, 2007 Lawyers Involved: Sarwar Ahmed, Advocate- For the Petitioner. Mrs. Fahima Nasrin, De..Category: Criminal Law | Date: | Hits: 57
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......uitting the accused respondents of the charge under sections 302/34 of the Penal Code. 3. The facts, in brief, are that on 28.06.1993 accused respondents being armed with deadly weapons formed themselves into unlawful assembly and gharaoed a mosque near the house of Md. Habibur Rahman......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......J The State……………….........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Mvi. Md. W..Category: Criminal Law | Date: | Hits: 41
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......tructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Firoz Shah, Advocate-on-Record-For Respondent No. 1 Not Represented- Respondent No. 2 Criminal Petition for Leave to Appeal No.127 of 2003 (From the Judgment and order dated 17.05.2003 passed by ......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......and another………...Respondents Judgement November 15, 2005. Case Referred to- P. Eswara Reddy vs. State of Andhra Pradesh, 1986 CRI. L. J. 207. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocat..Category: Criminal Law | Date: | Hits: 44
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......he judgment and order dated 15.03.2005 passed by the High Court Division in writ petition No. 6818 of 2004 making the rule absolute. 2. Respondent Nos. 1 and 2 filed writ petition No. 6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant licence in favour of......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......ment April 26, 2006. Civil Petition For Leave to Appeal No. 581 of 2005 (From the judgment and order dated 15.03.2005 passed by the High Court Division in Writ Petition No. 6818 of 2004) Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by Abu Sams Khalequzzaman, Advo..Category: Criminal Law | Date: | Hits: 76
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General with him) instructed By Ahsanullah Patwary, Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, 9 and 10 of 2006. (From th......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ...... vs State…………………………………………………Respondent Judgment November 28, 2006. Cases Referred To- Shah Alam vs State 1990 BLD (AD) 25 = 42 DLR (AD) 31. Lawyers Involved: Khalilur Rahman. Advocate instructed by ASM Khalequzzaman, Advocate-on-Recordâ€..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ranted to consider whether the High Court Division was correct in acquitting the principal accused Mohammad Kha alone on the eviÂdence on record. 3. Prosecution case, in short, is that, one day before the date of occurrence accused respondent MoÂhammad Kha along with others forcibly entered int......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......nst principle accused Mohammed Khan by the additional session judge is confirmed and the order of acquittal passed by the High Court Division on appeal be set-aside………………………..(9) Lawyers Involved: B. Hossain, Advocate-on-Record— For the ApÂpellant. Ex Parte — For the ..Category: Criminal Law | Date: | Hits: 117
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