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Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... Appellate Division (Criminal) Present: A. M sayem CJ B. Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Al...... B. Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Ali and others……………………&hel...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
.... Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ........ Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment ......others ............Accused-Respondents Judgment January 2nd, 1994. Lawyers Involved: B Hossain, Advocate-on-Record- For the Appellant. Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record -For the Res......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J. Abdus Sattar and others.............Accused-Appellants Vs. State ......................................Respondent Judgment February......ttar and others.............Accused-Appellants Vs. State ......................................Respondent Judgment February 10th, 1994. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Appel......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ..Category: Criminal Law | Date: | Hits: 56
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ...... Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hemayatuddin alias Auranga ……Petitioner Vs. State ..........................................Respondent Judgment August 26, 1993. ......al J Latifur Rahman J Hemayatuddin alias Auranga ……Petitioner Vs. State ..........................................Respondent Judgment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Peti......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ......ellip;…Appellant Vs Shantosh Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases Referred to- Abdul Awal Chowdhury Vs. Md. Waliullah 12 DLR 520; Md. Anwar Ali Vs. State & Nezamuddin 30 DLR 327. Lawyers ......blu…………Appellant Vs Shantosh Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases Referred to- Abdul Awal Chowdhury Vs. Md. Waliullah 12 DLR 520; Md. Anwar Ali Vs. State & Nezamuddin 30 DLR ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....slation prohibiting dowry and making the giving or taking or demand of dowry an offence. The Dowry Prohibition Act, 1961 (Act No. 28 of 1961) of India, it appears, was profusely borrowed by the later Bangladesh legislation on the subject and therefore it may not be out of place here to quote the fir......ourt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... respectively sections 401 and 399) of the Code of these three countries, we find that they are not identical and there are substantial differences in them. 8. Chapter XXXII of the Code (of Bangladesh) deals with powers of the Courts in relation to reference and revision. Sections 435 and......ly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ...... Md. Sher Ali and ors ........................... Petitioners Vs. State and another ............ ............opposite Parties [In Crl. Rev. No. 2054] Md. Abdul Wadud Khan........................Petitioner Vs. Jahiruddin and another ............er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....a clear violation of the Constitutional mandate by the learned Judges of the High Court Division, Is it not a violation of the oath of office of a Judge to protect and preserve the Constitution of Bangladesh? The learned Judges of the High Court Division in their erudition and wisdom discovered ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondent......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ...... Kemaluddin Hossain CJ Fazle Munim J Shahabuddin Ahmed J. Amjad Molla................................Appellant Vs. Syeduzzaman Molla and others …………… Respondents ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......1994) 10. ...... Advocate instructed by Md. Ozair Farooq, Advocate-on-Record-For the Appellant. M Shamsul Alam, Deputy Attorney- General, instructed by AW Mallik, Advocate-on-Record-For the Respondent No. 1. Abdul Malek, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddiqe Advocate-on-Record-......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....ag of the Supreme Court and the Judge concerned carrying the flag on his car, and even going to the indifference and sought to humiliate the authority, dignity and prestige of the Supreme Court of Bangladesh and made themselves guilty of gross contempt of Court…………..(...... Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul Haque, IG Police and others..................Appellants Vs. State............................Respondent Judgment December 7, 2004......ing circumstances to accept the unconditional apology or to reduce the sentence of the contemners…………………(28) Cases Referred To- Abdul Huq, DC vs. District Judgeship 51 DLR (AD) 15; Aziza Khatun vs. State 19 DLR 354; LD Jaikwal......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Yogeshwar Gope………………….Petitioner Vs. State............................Respondent Judgment December 12, 2005. Result: ......of the prosecution to prove the motive as imputed by it will have no impact in the facts and circumstances of the case. The petition is dismissed. ………….(17 & 19) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..Category: Criminal Law | Date: | Hits: 47
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......pellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J ASI Md. Ayub Ali Sardar and another.................Petitioners Vs. State........................Respondent Judgment August 29, 2005. Result: The ......of 1999 rejecting the Death Reference and dismissing the appeals modifying the sentence of death to imprisonment for life. 2. Facts revealed in the leave petition, in short, are that on 21-9-1990 Abdul Aziz, brother of Abdul Kader Mridha, PW 1 and his son Hanif went to cultivate their land while......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......llate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Nagendra Chandra Sarkar.............. Complainant-Appellant Vs. Aftabuddin and others........................Respondents Judgment Jun......June 24th, 1992. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, (Gour Gopal Saha, Advocate with him) instructed by A Basel Majumder, Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respon......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......p; Mustafa Kamal J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &nb......ureau, Dhaka whereupon an Assistant Inspector made a preliminary enquiry and then lodged a FIR on 29.12.81 at Tongibari PS. The allegation briefly was that Faiz Ali, Sub‑Registrar, Tongibari, Abdul Jalil, Thana Revenue Officer, Tongibari, Mofazzal Hossain, Assistant Tahsilder, Betka Tahsil ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....udge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February 20,1987, under the caption, "Around the Courts, Damage suit...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Saleem Ullah .....................................Appellant Vs. The State............................................Respondent Judgme......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......TIR 1976; Dunn Vs. Bevan [1922] 1 Ch. 276; Lord Russel of Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appell..Category: Criminal Law | Date: | Hits: 141
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. Vs. Montu alias Nazrul Haque &...... Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. Vs. Montu alias Nazrul Haque & others.........................................................ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Rafiqul Islam ...............Appellant Vs. State ..............Respondent Judgment April 15th, 1992. Cases Referr......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
....tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......late Division
(Criminal)
Present:
MH Rahman J
ATM Afzal J
Latifur Rahman J
Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, Dhaka ...... ......Appellant.
Vs.
Tahera Nargis Syed and another............... Respondents
Judgment
July 28, 1991
Res......nu was brought to the jail gate to enable him to go out. As soon as the detenu was about to move out after release from the jail gate, another fresh order of detention dated 20.2.89 was served by Mr. Abdul Ali, Sub-Inspector of the Special Branch, Dhaka on the detenu who received it there and as suc......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......ellate Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abul Khair...............Petitioner. Vs. The State .................Respondent Judgment April 29th, 1992. La......and Dr. Delwar but Safiuddin succumbed to the injuries at about 11‑30 AM. The FIR was lodged by informant at 12‑15 PM on the same day at PS Lakshmipur situated at four miles west. PW 12 Abdul Motaleb OC Ramgonj, on being informed that three miscreants upon killing Safiuddin had fled a......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
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