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Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... Ahsanuddin Chowdhury J: The petitioner along with one Akkas AH Dafadar faced a trial on three charges viz. under section 148 read with Article II(c) of Bangladesh Collaborators (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under......tion 364. The law in respect of the charge for the offence of abduction followed by murder and the recovery of the dead body has been clearly laid down by this court in the case of Hafez Abul Khair Vs. The State in Criminal Appeal No. 4 of 1975 of this court. Needless to say that the decision of...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ..Category: Criminal Law | Date: | Hits: 62
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
.... Ahsanuddin Chowdhury J: The petitioner K.M. Zaker Hossain faced a trial in the Court of the Special Judge, Pabna on two charges namely, under section 409 of the Bangladesh Penal Code as well as under section 5 (2) of Act II of 1947. He was acquired of the char......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment Feb. 21, 197......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....al No. 1, Bogra. 2. The appellant along with 11 others were put on trial before the aforesaid Special Tribunal on charges under section 302/34 Penal Code read with Article 11 (a) and (b) of the Bangladesh Collaborators (Special Tribunal) Order, 1972, which is commonly known as President's Orde......l) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debesh Chandra Bhattacharya J Fazle Munim J Md. Abdur Rahim Mondal............Appellant Vs. The State................. Respondent Judgment April 21, 1977. Result: The ap......passed by the Government; while the order of conviction and sentence passed against the appellant was upheld by the High Court Division. 4. The case of the prosecution briefly stated was that Abdul Jabbar Dewan along with his wife, children and nephews Abu Bakar, Altaf Hassain and Amjad Hoss......n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ..Category: Criminal Law | Date: | Hits: 63
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....e cigarettes and another shopkeeper named Harunur Rashid. The police after investigation submitted a charge sheet when the appellant faced the trial before the Special Tribunal under section 392, Bangladesh Penal Code read with section 28 of the Special Powers Act. The trial ended in conviction ......Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Yusuf Sk. alias Sk Abu Yusuf.................................Appellant. Vs. Appellate Tribunal and another............................... Respondent. Judgment A......nces having a strong bearing upon the quantum of punishment had been either ascertained or not correctly estimates the High Court." 10. The Supreme Court of Pakistan reiterated this view again in Abdul Khaliq Vs. State, PLD 1964 (SC) 482 at page 494 in refusing to interfere with a sentence on st......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ..Category: Criminal Law | Date: | Hits: 70
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....w was not vitiated for want of any previous sanction of the District Magistrate under section 29 of the Arms Act as the instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is d......sanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattachary J Ashraf Ali Sikdar and another........................Appellant. Vs. The State........................ Respondent Judgment &nbs......e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....rate or Special Tribunal as contemplated under section 36(2)(b) of the Act In support of his argument the learned counsel relied upon a decision of Appellate Division in the case of solicitor. Bangladesh Vs. A T. Mridha reported in 26 D.L.R. 17 to show that a case which was pending with the......C J Ahsanuddin Choudhury J Kemaluddin Hosain J D.C. Bhattacharya J Fazle Mumin J Akhtar Hossain Khan & others .................Appellants. Vs. The State..............................................Respondent Judgment ......t) Rafique-ul-Huq, Advocate and Mainul Hossain, Advocate, Court, appeared on 12.3.76 with permission of Court—For the Appellant. Faquer Shahabuddin Ahmed, Attorney-General with Abdul Wadud Bhuiya, Assistant Attorney-General, Shah Abu Nayeem, Advocate instructed by......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... The Writ Bench of the High Court Division found that all the detention orders had been made with a view to preventing the detenu from acting in a manner prejudicial to the security or interest of Bangladesh or the public safety or the maintenance of law and order." 3. It was conten......Syed A.B Mahmud Husain C J Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J A.K.M. Muklesur Rahman........................Respondent Vs. Govt. of Bangladesh...............................Petitioner Judgment &......p; December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. Miah Abdul Gafur, Advocate (on permission) —For the Respondent. Petition for Special Leave...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....cle 11(d) of the said order before the Special Tribunal No. 2, Chittagong. The Tribunal by its judgment and order dated: 9th August, 1972 convicted the appellants under section 364/3|4 of the Bangladesh Penal Code read with Part II of the Schedule to the aforesaid President's Order 8 of 197......anuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Hafez Abul Khair and another................................. Appellants Vs. The State………………………&hell......olved: T. H. Khan, Advocate with Rabeya Bhuiyan, Advocate, instructed by S. M. Huq, Advocate-on- Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-General, with Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain, Advocate-on-Record—...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......bsp; Md. Ruhul Amin J Md. Fazlul Karim .J Ansar (Md) Chan Mia.........................................Petitioner Vs. State....................................................Respondent &n......d the dead body of driver Siddique Bhuiyan in the driver’s seat and that he held inquest on that very night and sent the dead body to the morgue at Narayàngonj under the escort of PW 4 Abdul Awal. 4. PW 1, brother of PW 2, having had message over the telephone at......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......sp; Abdul Khaleque.............Petitioner Vs. State............. Respondent Judgment ......sp; Abdul Khaleque.............Petitioner Vs. State................ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......J Kazi Ebadul Hoque J Mainur Reza Chowdhury J Abdul Alim.................... Petitioner Vs. State and others.............. Respondents Judgment ...... CJ Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mainur Reza Chowdhury J Abdul Alim.................... Petitioner Vs. State and ......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ..Category: Criminal Law | Date: | Hits: 62
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....ellip;…………(24 & 25) Cases Referred to- State vs Abdul Mannan, 44 DLR (AD) 173, MG Rabbani and another vs Government of Bangladesh, 31 DLR (AD) 163. Lawyers Involved: Abdul Malek, Senior Adv...... Rajib Kamrul Hasan and 3 others ...................Appellants Vs. State......................... Respondent Judgment ......d for in facts of the case, such remarks are expunged…………………(24 & 25) Cases Referred to- State vs Abdul Mannan, 44 DLR (AD) 173, MG Rabbani and another vs Government of Bangladesh, 31 DLR (AD) 163...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....nbsp; November 16, 2000. The Constitution of Bangladesh, 1972, Article 32 The Code of Criminal Procedure, 1898 (V of 1898), ...... Mainur Reza Chowdhury J State......................................... Appellant Vs. Faisal Alam Ansari......................... Respondent ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Forkan alias Farhad and another…………………………...Accused‑Appellants Vs. State............................................................Respondent Judgment ......ay a fine of Taka 100.00 in default to suffer rigorous imprisonment for one month more and both the sentences are directed to run concurrently. 2. The prosecution case, in short, is that deceased Abdul Rashid used to run grocery shops in different 'hats' and Bazars. On 23.7.87 at about 3‑00 PM......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
.... Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Shameen…………………………..........Appellant Vs. Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is a......09. ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..Category: Criminal Law | Date: | Hits: 75
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......inal) Present : MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Munern Chowdhury @ Momen ..............Accused‑Petitioner Vs. State…………………….Respondent J......DLR (AD) (1995) 96 ....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ..Category: Criminal Law | Date: | Hits: 66
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ...... (Criminal) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahiruddin son of Abdu Hye......................Appellant (In Jail) Vs. State…………………………&hel......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ...... Cases Referred to- Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683; Nawsher Ali Sarder vs. State 39 DLR (AD) 196; Abul Khair vs. State 44 DLR (AD) 225. Lawyers Involved: MA Wahab Miah, Advocate-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, inst..Category: Criminal Law | Date: | Hits: 73
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State………………Respondent Judgment No.......................Accused‑Appellants Vs. State………………Respondent Judgment November 2nd, 1994. Lawyers Involved: Abdul Momin Talukder, Advocate, instructed by Md. Aftab Hossain, Advocate-on‑Record ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..Category: Criminal Law | Date: | Hits: 60
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ...... Present: Shahabuddin Ahmed CJ MA Rahman J ATM Afzal J Mustafa Kamal J Sirajul Islam (Md). Alias Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other................................Respondents Judgment...... other................................Respondents Judgment August 23rd, 1994. Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-Record ‑ For the Appellant. Abdul Hamid Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on‑Record ‑......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... Supreme Court Appellate Division (Criminal) Present : MH Rahman J ATM Afzal J Mustafa Kamal J State...........................Petitioner Vs. MA Malik……………………….Accused......dinance pending in the Court of Thana Magistrate, Sadar, Sylhet. 3. Facts of the case, briefly, are that the respondent was admittedly married to one Sultana Jasmin Khan (Shaopa) daughter of Abdul Mukit Khan of Sylhet town on 11.10.1991. The aforesaid lady filed a petition to the Deputy Co......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
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