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Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... Barisal in appeal affirming the conviction and sentence of the appellants under sections 395/397 Penal Code. 2. The appellants along with five others were put on trial (three tried in absentia) before the Assist­ant Sessions Judge, Bakerganj on the aforesaid charge on the allegation that in the...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... not been proved there is no reason to find that the offence is proved and the 164 statement not being legally proved, the appeal is allowed and the accused are acquitted…………..(9 & 10) Lawyers Involved: Mainul Hosein with Md. Joynal Abedin, Advo­cates instructed by Md. Aftab Hossa..

Category: Criminal Law | Date: | Hits: 49

Atiqur Rahman and an­other Vs. State, 1989, 18 CLC (AD)

....ppellants is found to be justified based on cor­rect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......Appellant No.1 was District Fishery Officer-in-Charge, Faridpur and appellant No. 2 was the lessee of a fishery named "Kumar River from Chowkighat to Bhajandhi", under a lease-deed dated 24 July 1983 for a period of three years from 1390 B.S. The adjacent fishery is "Kumar River from Bhajandhi to Ni......ppellants is found to be justified based on cor­rect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......a of inadvertence taken. So, the court was justified in rejecting the plea of inadvertence due to alleged pressure of work. Thus conviction of the appellants is justified…………………..(6) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M. Nowab Ali, Advocate-on-Recordâ€..

Category: Criminal Law | Date: | Hits: 45

Abed Ali Vs. State, 1990, 19 CLC (AD)

....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ...... Judgment February 25, 1990. Result: The appeal is dismissed. The Penal Code (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calcula......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......he appellant there is no scope of taking lenient view and the sentence of death under section 302 of the Penal Code confirmed by the High Court Division be affirmed……………………….(19) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record— For the Appellant. B. Hossain, Adv..

Category: Criminal Law | Date: | Hits: 65

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......ocedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record not deciding th......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......mand for writing a fresh judgement. Hence the appeal is allowed with direction to dispose of the appeal on hearing by a competent bench of the High Court Division………………..(9 & 10) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 52

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ...... Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......p;……...Petitioner Vs. The State represent­ed by the Deputy Commissioner of Dhaka………....Respondents Judgment August 8, 2004. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocat..

Category: Criminal Law | Date: | Hits: 52

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ...... instructed by Nawab Ali, Advocate-on-Record-For the Petitioners A.S.M. Khalequzzaman, Advocate-on-record-For Respondent No.2 Not represented-Respondent No.1 Criminal Petition for leave to appeal No. 126 of 2003 (From the Judgment and Order dated 05.08.2002 passed by ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......hellip;……….Petitioners vs The State, represented by the Deputy Commissioner, Chittagong and another ......Respondent Judgment April 17, 2005. Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Nawab Ali, Advocate-on-Reco..

Category: Criminal Law | Date: | Hits: 42

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......  2006. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......................Petitioner Vs The State……………..........................................Respondent Judgment January 2,  2006. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Recor..

Category: Criminal Law | Date: | Hits: 57

S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)

....counsel of the petitioner merit consid­eration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add addition­al grounds. Ed. ...... November 24, 2004. Lawyers Involved: Md. Rafiqul Islam, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 69 of 2003 (From the Judgment and Order dated 9th February, 2003 passed b......counsel of the petitioner merit consid­eration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add addition­al grounds. Ed. ...... Md.Tafazzul Islam J S.M. Redwan…………………………………….....Petitioner Vs Md. Rezaul Islam …............................Respondent Judgement November 24, 2004. Lawyers Involved: Md. Rafiqul Islam, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-..

Category: Criminal Law | Date: | Hits: 50

Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)

....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 134 of 2003 (From the Judgment and Order dated 04.05.2003 passed by ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......J Amirul Kabir Chowdhury J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on..

Category: Criminal Law | Date: | Hits: 55

Foyej Ahmed Vs. State, 2004, 33 CLC (AD)

.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above obser­vation. Ed. ......ion No. 1185 of 2003) Judgment:                    Mohammad Fazlul Karim J. - This Criminal Petition for Leave to Appeal arises out of judgment and order dated 22.10.2003 passed by the High Court Div...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above obser­vation. Ed. ......lul Karim J Md. Tafazzul Islam J Foyej Ahmed ..................Petitioner Vs The State ......................Respondent Judgment February 15, 2004 Lawyers Involved: A. K. M. Zahirul Haque, Advocate, instructed by Syed Mahbubur Rahman, Advo..

Category: Criminal Law | Date: | Hits: 51

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ......-on-Record-For the Petitioner. M. A Malek, Senior, Advocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed b...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ..........Petitioner vs Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston.............Respondent Judgement August 22, 2004. Case Referred to- 7 DLR 637 Lawyers Involved: Shaukat Ali Khan, Senior Advocate (Rehan Husain, Advocate with him), instr..

Category: Criminal Law | Date: | Hits: 31

Mahabubul Goni Vs. State, 2005, 34 CLC (AD)

....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......Mvi. Md. Wahidullah, Advocate-on- Record- For the Petitioner Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2 Not represented-Respondent No. 1 Criminal Petition for leave to Appeal No. 92 of 2004 (From the Judgment and Order dated 21.03.2004 passed by t......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......l Goni .......... ............Petitioner vs The State represented by the Deputy Commissioner, Dhaka and another .............Respondent Judgment February 2, 2005. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Mvi. Md. Wahidullah, Adv..

Category: Criminal Law | Date: | Hits: 29

State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)

....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ...... respondent Delwar Hossain Talukder as an accused in G. R Case No. 545 of 20014 pending to the Court of Magistrate, 1st Class Shariatpur moved unsuccessfully the learned Sessions Judge, Shariatpur for bail in Criminal Miscellaneous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as pet......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ...... The State…………………...Appellant Vs Delwar Hossain Talukder.......................Respondent Judgment May 26, 2003. Lawyers Involved: Abdur Razzak Khan, Additional Attorney General (Faisal H. Khan, A. A. G. w..

Category: Criminal Law | Date: | Hits: 68

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......sing out of the said kalia P.S. Case No.5 of 1982 by a judgment dated 3-4-83 and was sentenced to 2 years rigorous imprisonment and a fine of Tk.50,000/- in default to further rigorous imprisonment for 1 year. He was also convicted by the same Martial Law Court in Case No. 16 of 1983 arising out......d on 6-3-83 in connec­tion with Kalia P.S. Case No.5 of 1982 and was suspended on 29-4-83 with effect from 6-3-83 under Rule 73 of Bangladesh Service Rules, Part I. He was convicted by Summary Martial Law Court No. 19 in Summary Martial Law Case No. 105 of 1982 arising out of the said kalia ...... Judgment 27th July 1994. Cases Referred to-  A. K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubudd..

Category: Criminal Law | Date: | Hits: 33

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......l Kader alias Kada, Hasen Ali, Dudu alias Duda Mondal, Mafizuddin alias Chan, Sayeduzzaman and Abdur Rahman, under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mondal of th......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......Vs. The State, (1995) 15 BID (AD) 54 ;45 DLR (AD) 140; State vs. Ful Mia, (2000) 5 BLC (AD) 41; Abdul Karim vs. State and another, (1981) 1 BLD (AD) 200; Abdur Rashid vs. the State, 27 DLR (AD) 1. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General, instructed by Mvi. Md. Wahidullah,..

Category: Criminal Law | Date: | Hits: 44

State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)

....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ...... Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner     Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ...... Md. Abdul Matin J The State......................................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007 Lawyers Involved: Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ...... Abu Sayeed Ahammed J The State......................................Petitioner Vs. Md. Liton Miah @ Babu.........Respondent Judgment July 27, 2002. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan ..

Category: Criminal Law | Date: | Hits: 44

Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)

....n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner    Not represented- For Respondent   Criminal Petition for Leave to Appeal No. 341 Of 2005 (From the Judgment and Order dated June 13, 2005 passed ......n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......d Fazlul Karim J M.M. Ruhul Amin J Khalid Alom Chowdhury......Petitioner Vs The State.........................Respondent Judgment September 2, 2007 Lawyers Involved: Khondokar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubar Rah..

Category: Criminal Law | Date: | Hits: 44

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for conviction even without corroboration. A dying declaration may be recorded by any person who is ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ...... house. This is sufficient corroboration of the statement of the deceased regarding the circumstances in which she received injuries to which she succumbed later on………………………(11) Lawyers Involved: Mainul Hosein, Advocate, (Joynul Abedin, Advocate, with him), instructed by Md...

Category: Criminal Law | Date: | Hits: 50

Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)

....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ....... Lawyers Involved: M. A. Samad, Senior Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 192 of 2003 (From the Judgment and Order dated 30.04.2003 passed by......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......J Selim A Khan……………..Petitioner Vs Md. Harun Malik and another.....................Respondent Judgment January 2, 2005. Lawyers Involved: M. A. Samad, Senior Advocate, instruct­ed by Md. Aftab Hossain, Advoca..

Category: Criminal Law | Date: | Hits: 30