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Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....sain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Khondker Moshtaque Ahmed………………………. Appellant (In both the appeals). Vs. Bangladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both the appeal......ddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Khondker Moshtaque Ahmed………………………. Appellant (In both the appeals). Vs. Bangladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both th...... (AD) 154; Queen Vs. Huggins 1895, I QBD 563; State Vs. Zia-Ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub ud......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......aider Chowdhury J Shahabuddin Ahmed J Haripada Biswas …………………………………….Appellant Vs. State & another ……………………&hell......Court Division in Criminal Revision No. 539 of 1978 refusing quashment of the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of the Sessions Judge, Bakerganj. 2. One Abdul Awal, respondent No. 2 allegedly sent a telegram to the Sessions Judge, Bakerganj making vari...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......ossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ranabir Purkayastha @ Bhanu………………………….Appellant Vs. Alekjan Bibi and ors……………………&hell......p;…………………..Respondents Judgment November 2, 1981. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Gazi Abdul Mannan, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-R......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....and, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Gove...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden......n the case was filed by one Md, Ataur Rahman, Inspector, DAB, Dhaka on 27.8.87. He himself investigated the case and submitted charge sheet as already stated above against the appellant and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the F......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......ase is also Reported in: 25 DLR (SC) (1973) 102 ...... Judgment January 29, 1973. The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Mo......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......n (Criminal) Present: Hamoodur Rahman CJ Sajjad Ahmed Jan J M. R. Khan J Wahiduddin Ahmed J Asif Ali, s/o Ahmed Ali................Appellant Vs. The State....................Respondent Judgment October 30, 1970. ......g those days, as he himself had been made to sit on a Division Bench, which was hearing constitutional writs. After this, the appeal finally came to be heard on the 24th of June, 1970, by Mr. Justice Abdul Kader Sheikh of the Karachi Bench, who was on a circuit in Lahore during those days. He dismis......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......Asghar. It could not, therefore, be said that a new circumstance was made to appear which justified the passing of a contradictory order". 15. We fail to see why the rule laid down in Farid Vs. Ghulam Hussain and others which must have been brought to the notice of the learned Judge was no......Lawyers Involved: Chowdhury Riasat Ali Khan, Advocate, instructed by Chowdhury Muhammad Aslam Chatta, Advocate-on-record—For the Appellant. Raja Mohammad Anwar, Senior Advocate, instructed by Abdul Karim Sheikh, Advocate-on-Record—For Respondent No. 1. K. M. Bokhari, Assistant Advocate-......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..Category: Criminal Law | Date: | Hits: 96
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
.... Bangladesh ……………Petitioner Vs. Md. Naziur Rahman and others......p; Bangladesh ……………Petitioner Vs. Md. Naziur Rahman and others ……….Respondents Judgment &nb......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....nbsp; Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Defence & ors ……….Res......r………..…Petitioner Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, ...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hassan J Bangladesh and others.…………..Petitioners Vs. ...... Md. Ruhul Amin J KM Hassan J Bangladesh and others.…………..Petitioners Vs. Dr. Shamima Sultana Rita…………Respondent ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J Giasuddin and another…… Petitioners Vs. State…………………….R......l reasonable doubt mere long delay in the disposal of the case cannot by itself be a ground to commute the sentence….(14) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Pet......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....abibur Rahman and by the nephew (PW 12) of the victims by the light of torch and hurricane. 5. Victims’ brother Saidur Rahman, who at the relevant time was serving in Bangladesh Rifles at Dhaka, was informed by his nephew over telephone on 14th May, 1989 about the i......; Delower Hossain Khan .............................Petitioners Vs. State....................................................... Responden...... Mosaddar Hoque vs. State, 10 DLR (SC) 29; KM Zaker Hossain vs. State, 29 DLR (AD) 250; State vs. Constable Lal Mia, 44 DLR (AD) 277; State vs. Azahar Gazi and ors, 23 DLR 32; Abdul Aziz vs. Sekender Ali, 50 DLR 111. Lawyers Involved: ......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ...... Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J State…………………………………………..………….Petitioner Vs. Monu Miah and others……………………………. Respondents Judgment August 16,......e acquitting the accused of the charge. The learned Additional Attorney-General has further submitted that the High Court Division erred in discarding PWs. 12 and 13 regarding recognition of Monu and Abdul Ahad who saw them carrying a bag on the plea of their being examined by the investigation offi......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......sp; Osman Gani ………………..…………Appellant Vs. State……………………………......vidual with the crime of murder. Suspicion, however strong, cannot be the basis of conviction…………….(11) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Au, Advocate-on-Record—For the Appellant...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......; State..........................Appellant Vs. Abdul Barek and Others…..…….Respondents Judgment December 12, 2001. Result: ...... State..........................Appellant Vs. Abdul Barek and Others…..…….Respondents Judgment December 12, 2001. Result: The a...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..Category: Criminal Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
.... Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......Court Appellate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment Janua......his Case is also Reported in: 32 DLR (AD) (1980) 247 ......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....ined for taking cognizance under Special Powers Act". 3. After hearing the learned Counsel on both sides we find that this case is fully covered by our decision in the case of Seraj Mia Vs. Bangladesh (C. A. 107 of 1977) decided on April 25, 1978. In the Seraj Mia's case it has been held t......detained for taking cognizance under Special Powers Act". 3. After hearing the learned Counsel on both sides we find that this case is fully covered by our decision in the case of Seraj Mia Vs. Bangladesh (C. A. 107 of 1977) decided on April 25, 1978. In the Seraj Mia's case it has been he......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ..Category: Criminal Law | Date: | Hits: 33
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
.... Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abu Taleb Mridha... Appellant. Vs. State...Respondent Judgment February 14, 1980. The Bangladesh Scheduled Offence (S.T) Order, 1972 (P.O. 50 of 1972), Art 241. 4 A Special Magis......09 ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....………..Appellant. Vs State…………………….Respondent Judgment March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this......963 (Da), 595, The Privy Council case, that is the first mentioned one, is the basis of the decisions in the other cases as referred to and as such this should be discussed first. It is "Sambasivam Vs. Public Prosecutor, Federation of Malaya'. Facts in brief of that case are that Sambasivam, appel......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
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