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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 ......e, Madaripur, under section 526 of the Criminal Procedure Code. The said case is Sessions Case No. 29 of 1990 under various sections of the Penal Code including section 302. 2. Appellants before us are the accused‑persons in that sessions case. Hearing of the case was last adjourned......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 ......s Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other................................Respondents Judgment August 23rd, 1994. Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-Record ‑ For the Appellant. ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......wdhury, Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For the Respondent No. 1. Respondent Nos. 2‑10‑Not represented. Criminal Petition for Leave to Appeal No. 45 of 1994. Judgment: &nb......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......ifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgment July 13th, 1994. Lawyers Involved: AKM Faiz, Advocate (appeared with leave of the Court), instructed by M Naw..Category: Criminal Law | Date: | Hits: 57
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ...... MA Wahhab Miah, Advocate, instructed by Shamsul Haque Siddique, Advocate‑on‑Record -For the Petitioner. Not Represented ‑For the Respondent. Criminal Petition for leave to Appeal No.92 of 1994. Judgment: &nbs......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ................Accused‑Petitioner Vs. State………………………….Respondent Judgment August 30th, 1994. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Shamsul Haque Siddique, Advocate&#..Category: Criminal Law | Date: | Hits: 74
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 ......n, Advocate‑on‑Record-For the Petitioner. Kh. Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed......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 ...................Petitioner Vs. MA Malik……………………….Accused‑Respondent Judgment September 5th, 1994 Lawyers Involved: AW Bhuiyan, Addition Attorney‑ General, instructed by B Hossain, Adv..Category: Criminal Law | Date: | Hits: 64
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......nd out mala fide, started at the instance of a Cabinet Minister out of political rivalry and that the facts alleged against him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 199......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......uddin Ahmed.....................Appellant Vs. State……………………....................................Respondent Judgment June 19, 1994. Result: The appeal is dismissed. Lawyers Involved: Rokonuddin Mahmud, Advocate, Supreme Court, instructed by Shamsul Haque Siddiqu..Category: Criminal Law | Date: | Hits: 76
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (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 ......to outrage her modesty. In the morning of 7-8-87 the appellant put pressure on the respondent to marry her. The appellant took her to an office and went away on the plea of procuring necessary papers for the marriage, leaving her alone in that office. The respondent waited for him throughout the who......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 ......ppeal 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 Advocate instructed by M. Nawab Ali, Advocate-on -Rec..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 ......am (Sujan), Advocate, (appeared with leave of the Court) instructed by Md. Nawab Au, Advocate-on-Record—For the Petitioner. Not represented—Respondents. Criminal Petition for Leave to Appeal No. 51 of 1995. (From judgment and order dated 5th April, 1995 passed by......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 ......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), Advocate, (appeared with leave of the Court) instruc..Category: Criminal Law | Date: | Hits: 71
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....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 ......in Criminal Miscellaneous Case No. 1118 of 1994 making the Rule absolute 2. The complainant respondent filed a petition of complaint under sections 499/500/501/of the Penal Code on 16.4.94 before the Chief Metropolitan Magistrate, Dhaka against the appellant which was registered as Crimin......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 ...... December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; Abdur Razzaque vs. State, 35 DLR 103. Lawyers Involved: Serajul Huq, Senior Advocate, (AKM Nazrul Islam, Advocate with him), inst..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 ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Khalequzzaman (Md)…………………………………...Informant-Appellate vs. Md. Illias and others ……………......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 ......llip;………………………………………Accused- Respondents Judgment November 21st, 1994. Lawyers Involved: Mahbubey Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record&m..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....... in Criminal Revision No. 291 of 1991). Judgment Mustafa Kamal J.- In agreeing with the ultimate order passed by my learned brother Ismailuddin Sarker, J., I would like to give my own reasons for dismissing the appeal. 2. Before the Code of Criminal Procedure was further amended by Act N......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.......ent Judgment August 22, 1995. Result: The appeal is dismissed. Cases Referrd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242. Lawyers Involved: A A Chowdhury, Advocate, instructed by Md. Nawab Au, Advocate-on-Record — Fo..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. ......ry day, namely, 29.2.64, at about 6 PM the trap party arrived at Tongi where they found Omar Ali on their advice to make the payment to the accused when demanded. It alleged that Omar Ali searched for the accused Taru Mian but could not find him. He of course found the accused Abdul Gani sitting......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. ......D 1963 (SC) 38; Ghulam Haider vs. The State 9 DLR (WP) 52 = PLD 1957 (WP) Lah. 519; Muhammad Zaheer Nadem vs. The State PLD 1960 (SC) 50; Saeed Ahmed vs. The State 16 DLR (SC) 484 Reference. Lawyers Involved: Abdul Hamid Chowdhury with SM Nurul Alam—For the Appellant (in Cr. A..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. ......eme Court High Court Division Criminal Revisional Jurisdiction Presents: Nurul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- ...... 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. ......LR (FC) 126: Mst. Sairan vs. The State 22 DLR (SC) 35: Hakim Gul vs. The State PLD 1964 Pesh. 1: Abdus Shukur vs. The State 16 DLR Dacca 147: Wazir and others vs. The State PLD 1960 Kar 74. Lawyers Involved: Latifur Rahman, Advocate —For the Condemned Prisoner. ATM Masu..Category: Criminal Law | Date: | Hits: 62
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. ...... August 13th, 1970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Respondent. Appeal No. 174 of 1968. Judgment: &nb......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. ......lip;..Respondent Judgment August 13th, 1970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Respondent. Appeal No. 174 of 1..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. ......Mr. MU Chowdhury, Magistrate, 1st Class, and Patuakhali convicting the accused-petitioners under section 379 of the Pakistan Penal Code and sentencing each of them to undergo rigorous imprisonment for six months. The order convicting and sentencing accused Idris and Sekandar under section 324 of......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. ......p; August 21st, 1970. Cases Referred to- Emperor Vs. CA Mathews, AIR 1929 Cal. 822. Lawyers Involved: Abdur Rasheed with ATM Afzal — For the Petitioners. Not repre..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. ......Keramat Ali, Ayub Ali, Seramat Ali, Sabir Mia, Sultan Mia and Ismail under sections 379 and 447 PPC and sentencing each of them to pay a fine of Rs 20 in default each to suffer simple imprisonment for 15 days. 2. The case for the prosecution, briefly stated, is that complainant Probhat C......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. ......bsp; Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 1972. Lawyers Involved: A. Wahab—For the Petitioners. Humayun Habibur Rasul —F..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. ......970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Johar prayer, accused Shiraj Ali gave dao blows to Fajarjan Bibi, mother of the informant Abdun Noor and she died instantaneously on the spot. The accused then injured his shala Tahi......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. ....... Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers Involved: A Talukdar with Daliluddin Ahmed—For Condemned Prisoner. AW Mallik with Mu..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. ......p; Ahsanuddin Choudhury J: These 4 appellants have been convicted under sections 302/109 PPC by the Sessions Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accuse......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. ...... Cases Referred to- State vs Abed All 14 DLR 701; Jananedra Chandra Ghattak vs. The King Emperor 34 CWN 198; Indur Chand vs. Emperor ILR 42 Cal 1094; Emperor vs Mahbir Prasad ILR 49. Lawyers Involved: Md. Moktar Hossain—For the Appellants. Shah Harmutullah&mdas..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. ......ondemned Prisoner. Death Reference No. 6 of 1970 and Appeal No 237 of 1970. Judgment: TH Khan J: This is a Reference under section 374 of the Code of Criminal procedure for confirmation of the sentence of death passed on the condemned prisoner Abdur Rashid under secti......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. ......andra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown, reported in 1954 PDL (Lah) 69; Quine vs Leatham, reported in (7907; A.C. 495, at page 506. Lawyers Involved: ATM Masud, Deputy Legal Remembrancer with Md Batin—For the State. ..Category: Criminal Law | Date: | Hits: 154
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......l Procedure, 1898 (V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctor......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......ictim girl minor, she should be delivered to the custody of her father with option to produce the victim before the court as and when required for adjudication………………………(19) Lawyers Involved: MA Wahhab Miah, Advocate instructed by and Azra Ali, Advocate-on-Record.â..Category: Criminal Law | Date: | Hits: 71
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition of complaint before the criminal court. The order of filing a petition of complaint by the complainant is liable t...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......of complaint before the criminal court. The order of filing a petition of complaint by the complainant is liable to be quashed…………………(8) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Appellants. Sha..Category: Criminal Law | Date: | Hits: 69
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