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Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)

.... August 6, 1996. Result: The appeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: Dr. Kamal Hossain, Senior Adv......nal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rahela Khatun ……………………………….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment Augu......��……….Appellant Vs. Abul Hassan and others……………………….Respondents Judgment August 6, 1996. Result: The appeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..

Category: Criminal Law | Date: | Hits: 85

Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)

....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......dur Rouf J Md. Ismailuddin Sarker J Syed Mohammad Hashem alias Hashim……………………………… Petitioner Vs. State…………………………&hel......…… Respondent Judgment June 11, 1995. Cases Referred to- Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18; N Mahmud vs. M Ahmed, 1984 BLD (AD) 97 = 36 DLR (AD) 14; Abdul Quader Chowdhury vs. State 28 DLR (AD) 39. Lawyers Involved: Nurul Islam (Sujan......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..

Category: Criminal Law | Date: | Hits: 71

Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)

.....4.94 before the Chief Metropolitan Magistrate, Dhaka against the appellant which was registered as Criminal Petition No. 877 of 1994. He stated therein that he was an Assistant General Manager of Bangladesh Shilpa Rin Sangstha. He took voluntary retirement from service. He is now the Proprietor...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Ismailuddin Sarker J Yusuf A Hassan.......................................... Appellant Vs. KM Rezaul Firdous………………………......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..

Category: Criminal Law | Date: | Hits: 60

Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)

....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......urt of Manikganj to any other competent court. It was alleged, inter alia, that some miscreants on 28 February 1994 at the instance of the complainant took the photograph of their learned Advocate Abdul Mazid Khondaker and the accused persons in the Court premises and held out various threats ag......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..

Category: Criminal Law | Date: | Hits: 63

Abdul Wadud Vs. State, 1995, 24 CLC (AD)

....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6....... Appellate Division (Criminal) Present: Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud………………………………………….Appellant Vs. State ………………………………………………………..Respondent Judgme......o Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...

Category: Criminal Law | Date: | Hits: 75

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......m J Abdul Gani……………………...Appellant (in Appeal No. 290 of 1967) Taru Mian...............................Appellant Vs. State..................................Respondent (in Appeal No. 362 of 1967) ...... Special Judge wherever he may be in present stationed. Ed. ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)

.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......d. ......ir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: Mst. Sairan vs. The State 22...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..

Category: Criminal Law | Date: | Hits: 62

Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)

.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ...... Presents: Abdullah Jabir J TH Khan J Abul Hossain and Abul Md.............Petitioner Vs. Amatu Md............................Opposite Party Judgment November 9th......side. Let the records be sent down expeditiously to the court concerned. Ed. ...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..

Category: Criminal Law | Date: | Hits: 82

Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)

....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......nbsp; Kasiruddin Sarkar @ Kasiruddin Fakir.................Appellant Vs. The State....................................................Respondent Judgment......dead body was found by him lying dead within the bamboo chegar (boundary fencing) on the western side. A dagger was found near the dead body. On hearing his cries PW 1 Tamijuddin alias Tamijuddin, Abdul Hye, Khoka, etc. came. He further added that he had no doubt that his wife Altafunnessa had c......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 124

Golam Kader Vs. State, 1972, 1 CLC (HCD)

....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......ied her to the house of the appellant and confined her inside a room and the other accused stood as a guard with a gun and shorki in hand at the verandah. At the time of taking Sharifunnessa away, Abdul Kasem (PW 6) the younger brother of the complainant was present but he could not prevent the ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..

Category: Criminal Law | Date: | Hits: 59

Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)

....dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......Criminal Revisional Jurisdiction Present: Habibur Rahman J. Syed Idris alias Idris Mir and others................ Petitioners Vs. State…......................Opposite Party Judgment &nb...... further period of six months has also been upheld. 2. The case for the prosecution briefly stated is, that CS Plot No. 9421 of Mouza Joinkati, PS Patuakhali is under the possession of PW 1 Abdul Aziz. On 3.9.66, PW 2 Seraj along with PW 7 Salam and withheld witness Fazlul Huq was coming ......dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ..

Category: Criminal Law | Date: | Hits: 82

Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)

....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ...... H. Rahman J. Keramat Ali and others................Petitioners Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 19......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ...... Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 1972. Lawyers Involved: A. Wahab—For the Petitioners. Humayun Habibur Rasul —For the Opposite Party. ..

Category: Criminal Law | Date: | Hits: 66

State Vs. Shiraj Ali, 1972, 1 CLC (AD)

....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......orted in: 24 DLR (1972) 69. ......nvolved: A Talukdar with Daliluddin Ahmed—For Condemned Prisoner. AW Mallik with Muhammad Batir—For the State. Death Reference No. 15 of 1970 and Appeal No. 563 of 1970. Judgment Abdul Hakim J.- This judgment will dispose of the Death Reference No 15 of 1970 and the connected ap......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..

Category: Criminal Law | Date: | Hits: 81

Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)

....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......th her husband. About one year before the present occurrence Tofa Mohammad and his sons forcibly obtained divorce of Amina Khatun from Jahiruddin whereupon the latter filed a petition before PW 7 Abdul Mayed Choudhury, Chairman, local Union Council who got the case compromised, but despite the ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..

Category: Criminal Law | Date: | Hits: 76

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......stion of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..

Category: Criminal Law | Date: | Hits: 154

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

....fter the 24th and 25th amendments to the Constitution took place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installation of an elected Government in 1991 were cited as example......p; Bimalendu Bikash Roy Choudhury J Ashok Kumar Karmaker………………………….. Appellant Vs. State……………….. Respondent Judgment March ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..

Category: Criminal Law | Date: | Hits: 75

Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)

....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......a Kamal J Latifur Rahman J Md. Abdur Rouf J Latifur Rahman alias Arju and another………………….. Petitioners Vs. State…………………........rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......ibe joint possession of the arms under sections 19(a) and 19(f) of the Arms Act………………………(5) Lawyers Involved: MA Wahab Miah, Advocate instructed by Mrs. Azra Ali, Advocate-on-Record—For the Petitioners. ..

Category: Criminal Law | Date: | Hits: 54

Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)

....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......hman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shajib (Md.) and others…………………….Accused -Petitioner Vs. Md. Abdul Khaleque Akand and another…………Complainant- Respo...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shajib (Md.) and others…………………….Accused -Petitioner Vs. Md. Abdul Khaleque Akand and another…………Complainant- Respondent Judgm......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ..

Category: Criminal Law | Date: | Hits: 61

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....nbsp; Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. ......ikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………&h......n default to suffer RI for 6 months more each. 22 accused persons were convicted under section 147 of the Penal Code and sentenced to suffer RI for 2 years. Accused-respondent Nos. 1-6 and accused Abdul Malek and Abdul Majid were convicted under section 148 of the Penal Code and sentenced to suf......, dealt ballam blows to PW 10. Accused Malek and accused Siraj, son of accused Matbar Au, gave a dao blow on the head of PW 11 Abdus Somed. Some of the accused persons also caused injuries to PW 2 Wahab. Accused Kubad and Sabur Kha dealt lathi blows to PW 4 Somraj. The PWs managed to protect the..

Category: Criminal Law | Date: | Hits: 80

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State…………………..Respondents Judgm...... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..

Category: Criminal Law | Date: | Hits: 57

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