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Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......he occurrence took place on 27-6-71. The First Information Report was lodged on 20-4-72, and the charge-sheet was filed under sections 148, 447, 302/34, 342 and 109 of the Penal Code. 3. The accused appellants involved in Criminal Appeal No. 4 of 77 are Abdul Wahab, Fazlo, Humayun, Azizul ..Category: Criminal Law | Date: | Hits: 45
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......urt Division in Criminal Miscellaneous Case No. 10039 of 2004). Judgment Amirul Kabir Chowdhury J.- This petition for leave has been preferred at the instance of the petitioner Faridul Alam, an accused under section 138 of the Negotiable Instruments Act, 1881 against the judgment and order dat..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......the Rule. 2. Prosecution case, in brief, is that the informant on the murder of his brother, Abdul Khaleque, lodged the FIR on 31-10-1990 under section 302 of the Penal Code implicating some accused persons and suspected 14 accused persons as assailant of his brother. Police after investi..Category: Criminal Law | Date: | Hits: 50
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......rned Additional Sessions Judge, Perojpur in Criminal Revision No. 130 of 1999 affirming the order dated 4-11-1999 passed by 1st Class Magistrate Perojpur in GR Case No. 208 of 1998 discharging the accused petitioner. 2. Brief facts are that the respondent No. 2, as informant, lodged FIR b..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......adesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has no fundamental right to be tried by the specified Court or the procedure e..Category: Civil Law | Date: | Hits: 254
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......15Gha of the Emergency Powers Rules, 2007 and section 109 of the Penal Code, 1860 was started. 6. The investigating officer after investigation of the case submitted charge sheet against the co-accused Mir Md Nasiruddin under sections 26 and 27 of the Anti-Corruption Commission Act, 2004 read ..Category: Anti-Corruption Laws | Date: | Hits: 219
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......anded Tk.100,000/-(one lac) from him as toll and the complainant refused to pay the amount and as such on 21.07.2001 i.e. the day of occurrence while he was riding on his motor bike was met by the accused respondent and others in the way who attacked him with hockey stick etc. and they created t..Category: Criminal Law | Date: | Hits: 71
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ead body of Zafar. The FIR was lodged at 12-30 PM. When police submitted charge-sheet against all the 5 appellants on completion of investigation, appellants Abu Taher and Abul Kashem were shown as absconding. Thereafter Gazette Notification was made and a notice was published in the local Daily A....../87 with Criminal Appeal No.122/87 and Jail Appeal No. 123 of 1987). Judgement Shahabuddin Ahmed CJ. - This appeal by special leave calls in question the propriety of the conviction of the five accused-appellants under sections 302/34 of the Penal Code, ordered by the Additional Sessions J..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......mitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped and accused released under section 339C (4) of the Code. Order of the High Court Division is thus confir..Category: Criminal Law | Date: | Hits: 46
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... 2. The facts, leading to this petition, are that the informant Md. Moazzem Hossain S.P.S. (Jety) Mongla Bandor Custom Check Post lodged an F.I.R. with Mongla Police Station against the 3 (three) accused persons named in F.I.R. alleging that the said accused-persons in collusion with each..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......t and order dated 04-05-2005 passed by Druto Bichar Tribunal, Rajshahi rejecting the application of the writ-petitioners for recalling of the P.Ws. 1, 2 and 3 for cross-examination on behalf of the accused-leave-petitioners in Druto Bichar Case 11 of 2005 now pending in the Court of Druto Bichar ..Category: Criminal Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......license holders of drug and thus committed an offence under Sections 23 and 25 of the said Act. After investigation, the Investigating Officer submitted a charge-sheet on 28-7-1998 against 17 accused persons but final report in favour of 5 accused persons including the respondent in the sai..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......f the Railways Act and sentenced each of them to suffer rigorous imprisonment for five years and pay fine of TK. 1,000- in default to suffer rigorous imprisonment for three months more and four other accused were acquitted of the charge. The two petitioners preferred Criminal Appeal No.1361 of 200..Category: Criminal Law | Date: | Hits: 43
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ...... judgment and order dated 23rd June, 1986 passed by the High Court Division, Dhaka in Criminal Revision No.64 of 1983). Judgment ATM Afzal J. - The appellants, father and son respectively, are accused of an offence under section 420 Penal Code in Petition Case No.176C of 1983 pending in the C..Category: Criminal Law | Date: | Hits: 59
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....eport at Brahmanbaria Police Station without naming any accused. During investigation police recovered from the place of occurrence a moneybag containing a scrap of paper where name and address of absconding convict Kazi Tipu Sultan with some telephone numbers was written. During investigation c......rence and allowing all the appeals including jail appeal and thereby acquitting the respondents. 2. Prosecution case, in brief, is that on the night following 29.03.1997 after 11.00 P.M. the accused persons being armed with deadly weapons such as pipegun, kiris, dagger, iron rod etc. enter..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No. 682 of 1993 dismissing the appeal of the present appellant and allowing the appeal of Imam Hossain, the other accused. 2. The prosecution case, in brief, is that the informant lodged an FIR on 2.7.1988 ..Category: Criminal Law | Date: | Hits: 52
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ...... rigorous imprisonment for three years and a fine of Tk. 1000/- by the Additional Sessions Judge and Special Tribunal, Jessore by judgment and order dated 2.1.89. Separate appeals were filed by the accused in the High Court Division through different Advocates. The petitioner before us filed the a..Category: Criminal Law | Date: | Hits: 55
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......e "Act". 339C has specified a time within which trial by a Court of Session or a Magistrate shall be concluded failing which "further proceedings in respect of the trial shall stand stopped and the accused-person released". 2. Appellant was sent up by the police under the 'Act' for trial by Spe..Category: Criminal Law | Date: | Hits: 58
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... the prosecution case in disregard of the settled norms as are applicable in a criminal case requiring the prosecution to prove by satisfactory cogent and reliable evidence the case against the accused beyond all reasonable doubt. 16. The learned Deputy Attorney-General appearing for th..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......e High Court Division praying for vacating the order of stay dated 10.5.2001 which after hearing was rejected; then he, on 15.5.2003 filed counter affidavit controverting the averments made by the accused respondent No.1 in the above application under section 561A. Then the High Court Division, ..Category: Criminal Law | Date: | Hits: 39