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Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......ssain and Md. Serajul Haque- For the Accused Petitioners. M Moazzam Husain with M. Moazzal Husain with M Zahirul Alam Babar, Md. Shahjahan Kabir and Reazuddin Khan- For the Opposite Party No.2 Informant. Md. Mokleshur Rahman Zahid, Ireen Mahbub, Assistant Attorney-General- For the State. ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......04. Result: The Rule is discharged. Penal Code (XLV of 1860) Sections 304, 315-316 A dead child is a person within the meanings of Section 304,315-316 of the Penal Code. Lawyers Involved: Khondker Mahbub Uddin Ahmed with Sarafat Hossain and Md. Serajul Haque- For t..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......p;….(5) Lawyers Involved: Md. Nawab Ali, Advocate-on‑Record‑For the Petitioner. Not Represented‑Respondent. Criminal Petition for Leave to Appeal No. 29 of 2002. (From the judgment and order dated 9th February, 2002 pas......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......e the accused petitioner has admitted his guilt not examination under section 342 is required while convicting and sentencing the accused on the basis of the same…….(5) Lawyers Involved: Md. Nawab Ali, Advocate-on‑Record‑For the Petitione..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......Not represented‑‑Respondent No. 1 (In Criminal Petition No. 22 of 2003) Not respondent‑‑Respondent (In Criminal Petition No. 23 of 2003.) Criminal Petition for Leave to Appeal Nos. 22 and 23 of 2003. (From judgment and order dated 25‑8‑2......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......he penal code. The other accused participated in making such deed committed offence under section 463 of the penal code and conviction under section 467 of the penal code is proper. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Sufia Khatun, Advo..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......them unreliable or, in other words, their evidence is not worthy of consideration.” …….(7) Prosecution shall determine how many cited witnesses to be examined for proving it’s case. ……………………&helli......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... Prosecution shall determine how many cited witnesses to be examined for proving it’s case. ……………………….(7) Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md Wahidullah. A..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......atements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) Lawyers ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney‑General, instructed by ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......ct as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject mat...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject matter. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Rec..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......bsp;Section 6(4) The Penal Code, 1860 (XLV of 1860), Section 32 To connect the accused of a gang involved in an offence, it is not necessary to prove individual overt act for an offence under section 6(4). This rule provides for punishment both for individual as well as...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... vs. State 45 DLR 66; Siraj Mal and others vs. State 45 DLR 688; Shahjahan Biswas & ors vs. State 1988 BLD (AD) 154 = 40 DLR (AD) 291 and State vs. Khadem Mondal 1990 BLD (AD) 228. Lawyers Involved: Abdul Malek, Senior Advocate (Kazi Shahadat Hossain, Advocate with h..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......scharging the Rule in Criminal Miscellaneous Case No. 1838 of 2000 in refusing to quash the conviction of the petitioners under section 19(f) of the Arms Act and the sentence of rigorous imprisonment for 10(ten) years as passed thereunder by Special Tribunal No. 1, Jhenaidah in Special Tribunal......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......-appellants and the appellants being not present at the time of recovery they can not be held to be in possession of any arms……………….(8) Lawyers Involved: Md. Abdul Malek Senior Advocate, instructed by Md Now..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... December 17, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 265B, 265C, 265D & 265E Sections 265B, 265C, 265D & 265E of the Code of Criminal Procedure form a composite session and steps under these sections are to be taken in the same session. When a......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......question of fixing separate date for taking step under section 265C after the opening of the case under section 265B……………………(18) Lawyers Involved: Mahmudul Islam, Senior Advocate, (Probir Kumar Niogi, Advocate with him) ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......l of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... Khalid Saigal vs State, 14 DLR (SC) 321; Mohammad Aslam vs. State, 19 DLR (SC) 445; Mokhlesur Rahman vs. State, 3 DLR 1984; Riasat Ali vs. Ghulam Muhammad reported in 20 DLR (SC) 339. Lawyers Involved: Khandakar Mahbub Hossain, Senior Advocate, instructed by Md. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......d Sessions Judge, Pirojpur in Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonment (SI) for 15......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......llants Vs. State……………………………Respondent Judgment July 31, 2002 Result: The Appeal is allowed. Lawyers Involved: Abdul Malek, Advocate- For the Appellants. None appears- For the State. ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2002 on the basis of the recommendation made by the Adviso......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ........Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Man..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ...... July 8, 2002. The Penal Code, 1860 (XLV of 1860), Section 463 Making of false statement in a document by the executant thereof does not saddle him with the liability of committing forgery or that of making of a false document……….(15) Cases Referred to-......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ...... LXIX IC 451 = AIR 1924 Cal 536; Adaikalammai vs Raman, (1909) ILR 32 Madras 90; State Government Madhya Pradesh vs Hifzul Rahman and others, AIR 1952 Nagpur 12 and AIR 1969 Guzrat 117. Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......tate and others................ Respondents Judgment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......adesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker vs State and others 53 DLR 135; Arun Karmakar vs State 7 MLR (AD) 82 = 7 BLC (AD) 61; Md Sayedul Arefin vs YO Gafur AIR 1916 (PC) 242. Lawyers Involved: Md. Fazlul Karim Senior Advocate Shahidul Islam, Advocate with him instru..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......cedure, 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no b...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......h were dishonoured, it is a prima-facie case of deception. Moreover there is no bar to initiate a criminal case if a civil suit is pending on the same fact. Lawyers Involved: Serajul Haque, Advocate, instructed by Md Aftab H..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......etrokona in Sessions Case No. 224 of 1984, convicting accused-appellant Hazrat Khan @ Hazrat Ali Khan under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. Th......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......…..Appellant Vs. State……………......................... Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at about 7-00 PM on the plea of looking for a “Hukka” for the purpose of smoking tobacco and picked up a dao and struck dao blow......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ...... Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; Dahyabhai Chhanganbhai Thakkar vs. State of Gujarat, AIR 1964 (SC) 1563. Lawyers Involved: Syed Shahidur Rahman, Deputy Attorney-General with S M Aminur Rahim, Assistan..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ......onvicting him to imprisonment…………………...(5) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not Represented‑The Respondent. Criminal Petition for Leave to Appeal No. 237 of 1998. (From the Judgment and Order dated 14th June, 1998 passed by......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ......rom law A fugitive has no right to seek any kind of redress as against his grievance, if any, against the judgment and order of a Court convicting him to imprisonment…………………...(5) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not Represented..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ground of his membership in the parliament………………….(9) (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session.&n......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ...... (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......1860 (XLV of 1816) Section 109/111 No distinction between 'principal in the first degree' and 'principal in the second degree.' Under section 111 of the Penal Code an abettor is liable for a different act if that was probable consequence of the abetment………&hellip......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ...... Penal Code an abettor is liable for a different act if that was probable consequence of the abetment………………………….(8) Lawyers Involved: Rafiqul-ul-Huq, Senior Advocate, (Md. Muhammad Nazrul Islam, Advocate..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
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