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State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......riminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment N...... November 8, 1990. Result: The appeal is dismissed Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respon...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... corresponding CS plot number. It was further stated in the written statement that the first party‑appellant obtained an ex parte decree in respect of the case land against the Government of Bangladesh in Title Suit No. 208 of 1984 from the 1st Court of Subordinate Judge, Dhaka and the Gov......e Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991....... Judgment May 23, 1991. Lawyers Involved: TH Khan, Senior Advocate, (MA Wahhab Miah, Advocate with him) instructed by Abu Backkar, Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate instructed by Shamsul Hoque Siddique, Advocate-on-Record-For the Respo...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......ismissed, Ed. ......the High Court Division were totally oblivious of that material fact. Unnatural death case was lodged by Uncle Majibur Rahman on 1.8.81 in Shibganj Police Station and the same was recorded by PW 15 Abdul Baten, Officer-in-Charge of Shibganj Police Station. This GD Entry has been proved by PW 15 ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......rt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kashem Ali.……………………………..Appellant Vs. The State & ors.................Respondents Judgment August 11, 1988. Criminal Appe...... injuries there on the following day i.e. 31.3.70. Inquest of the dead body was held in the Hospital by S.I. Nurul Hoq (P.W.1) and then the body was sent to Morgue for Post-mortem examination. Doctor Abdul Momin Chowdhury (P.W.3) held post-mortem examination of the deceased and found as many as 15 i......, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record— For the Appellant. B. Hossain, Advocate-on-Record— For the ReÂspondent No. 1(The State). T. H. Khan, Senior Advocate (M.A. Wahab Mia), instructed by Miah A. Gafur, Advocate-on- Record— For the Respondent Nos. 2 to 4 & 6. ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......AD) (1988) 286 ......rosecution case is that at about 10 A.M. on the 10th Kartik 1386 B.S. corresponding to 28.10.79 while the deceased Firoze Shah was sitting on the Verandah of the Dargah with his disciple Moniruddin @ Abdul Mannan (P.W.4) seven (7) accused persons including the appellant and aforesaid Sorhab came the......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ...... Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Iqbal alias Salim…………Appellant Vs. The State…………………………..Respondent Judgment August, 1988. Criminal...... for the bail already granted is set-aside. Realisation of fine be stayed till disposal of the appeal and the bail shall continue till then…………………………(4 & 5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appe......ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
.... 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ...... DLR (AD) (1988) 246. ...... was dismissed in this case on an erroneous view of law, the only course for the Sessions Judge was to direct further enquiry under section 436 Cr. P.C..………………(7) Lawyers Involved: Abdul Wadud Bhuiyan, AddiÂtional Attorney-General, B. Hossain, Assistant Attorney-General with him,......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......ortunity to take his B.A. Examination. The appeal is allowed and the appellants bail is confirmed till disposal of the appeal………………(8) Lawyers Involved: T. H. Khan, Senior Advocate, (Abdul Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For th......ty to take his B.A. Examination. The appeal is allowed and the appellants bail is confirmed till disposal of the appeal………………(8) Lawyers Involved: T. H. Khan, Senior Advocate, (Abdul Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Appe..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......: 40 DLR (AD) (1988) 226 ......rrect Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......n (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir......to attack Mominul Huq and on his direction the bomb was thrown. Then Mostafa threw the bomb or the order of Ibrahim which killed Efaz. P.W. 2, Momin, P.W. 3 Ishaque Molla, P.W. 4 Abul Hossain, P.W. 5 Abdul Gani, P.W. 7 Panchu Molla, P.W. 10 Amir Hossain and P.W. 1.2 Rehanuddin were the eye witnesses......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
....the local Awami League, has been involved in political and social works for a long time, was elected member of the Provincial Assembly in 1970 and of the ConstitÂuent Assembly after the emergence of Bangladesh, For his personal safety he needed a firearm and obÂtained a license for a revolver from......vision
(Criminal)
Present:
Badrul Haider Chowdhury J
Shahabuddin AhÂmed J
MH Rahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of BanÂgladesh and ot......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ...... (AD) (1988) 106 ......of 1983 with Criminal Appeal No. 27 of 1983.) Judgment: Shahabuddin Ahmed J. - This is an appeal against acquittal filed by the State. Accused-respondents No.1 to 4, respectively Abdur Rashid, Abdul Barek Mirdha, Mobarak Ali and Mohammad Hafez Mirdha, were convicted by the Additional SesÂsio......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....of the petitioner it is contended that extension of time in this case is not applicable and the instant case was not pending on 8.8.83 when the Ordinance No. XXXVII of 1983 was published in the Bangladesh Gazette. It is furÂther contended that sub-section (4) of section 339 C is applicable ......) (1988) 99 ......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ...... Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Abdul Majid Sarkar ...............Appellant Vs. The State………………………….Respondent Judgment June 17, 1987 The Penal ......se is also Reported in: 40 DLR (AD) (1988) 83. ......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......ppellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Shamsuddin alias Lambu and ors………………Appellants Vs. The State and others ..................................Respondents Judgment July 5th 1...... evidences at their disposal: whether such evidence can be relied upon is a matter which will be considered by the trial Court……………………….(11) Cases Referred to- Farruk Ahmed vs. Abdul Kader 38 DLR (AD) 18, Abdus Salam Master 36 DLR (AD) 58, Moslem Sharif vs. State, Criminal App......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ...... (1988) 38. ......al criminal court around 4 P.M. and met Sohrab and Mahtab and Saimuddin (brother of Jamshed) there. Sohrab said that he had already filed a case before the S.D.O. over the incident through his Muktar Abdul Gani (P.W.12). Sohrab and his relations could not go to the thana for fear of the accused duri......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ...... Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The State……………………………....Appellant Vs. Fazal and others………………....Respondents J......s Referred to- AIR 1917 PC 25; Siraj Din v. Kala, 16 DLR, SC 95; A.I.R 1917 P.C. 25; 16 D.L.R (SC) 94. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Appellant Abdul Malek, Senior Advocate Sharifuddin Chaklader, Advocate-on-Record.— For the Respondents.......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. R......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......d J M.H. Rahman J A.T.M. Afzal J Siraj Miah & another………………………………Appellants Vs. State & another……………………&helli......hat at about 7/8 P.M. on 14th December 1982 when he was applying kerosine oil on his leg for relieving pain the appellants, Siraj Miah and Montu Miah, and (even other accused persons, namely. Abdul Malek, Selim Miah, Hussain, Faruk, Mohammadullah alias Chowdhury, Sayed Ahmed and Rafiqu......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......on (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Muslimuddin & others………………………Appellants Vs. The State………………………………….Respondent Judgment Feb 20, 1986. ......tworthy. But the rule of prudence, if not rule of law, requires corroboration of such evidence. ………….(49) Case Referred To- Safdar Ali Vs. Crown, 5 DLR (FC) 107. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appe......d it. The Deceased flied a criminal case against the accused persons in the court of S.D.O. Kishoregonj. 4. Mention may be made that the ejahar was lodged not in the Thana but to P.W. 7, Mr. Abdul Wahab Khan, Officer-in Charge, Kuliarchar P.S. District Mymensingh who came to the place of occurren..Category: Criminal Law | Date: | Hits: 56
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