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State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......II of 1947. 2. Short facts are that one Md. Golam Mostafa, District Anti-Corruption Officer, Gazipur lodged first information report with Joydebpur Police Station alleging, inter alia, that accused Latif Newaz Waliur Rahman, Executive Engineer, Institute of Post-Graduate Studies in Agricu..Category: Criminal Law | Date: | Hits: 74
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......stance of the State this leave petition has been preferred against the judgment and order dated 13.04.2003 passed by the High Court Division in Criminal Appeal No. 2624 of 1997 acquitting the accused respondents of the charge under sections 302/34 of the Penal Code. 3. The facts,..Category: Criminal Law | Date: | Hits: 41
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......en preferred against the judgment and order passed by a Division Bench of the High Court Division dated 12 March, 2002 in Criminal Appeal No. 1600 of 1998 allowing the appeal thereby acquitting the accused respondents of the charge under sections 409/109 of the Penal code read with Section 5(2) o..Category: Criminal Law | Date: | Hits: 35
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......nstrument Act against the petitioner stating, inter alia, that the aforesaid complainant was Assistant General Manager of Bangladesh Shilpa Bank, Chittagong and that the accused petitioner in order to establish Textile Mill took a loan of (TK. 33,44,000/- +11,000/-)= T..Category: Criminal Law | Date: | Hits: 44
Abu Taleb Vs. State, 2007, 36 CLC (AD)
....ted on 27-1-1996 against the petitioner under section 385 of the Penal Code. The petitioner was allowed bail by the learned Chief Metropolitan Magistrate, Dhaka on 5-7-1995 but during trial he was absconding. 3. Be that as it may, the case was sent to the Metropolitan Special Tribunal. Th...... 1999 after examining witnesses convicted petitioner under section 385 of the Penal Code by judgment and order dated 16-5-2004 and sentenced him to suffer rigorous imprisonment for seven years. The accused petitioner being in abscondence the sentence was passed in his absence. 4. The petit..Category: Criminal Law | Date: | Hits: 47
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......ishad road situated to the north of the house of the appellant Md Wasim Mia and while Khodeja Khatoon (PW 1), mother of the aforesaid Champa Khatoon, went .there the appellant Md. Wasim Mia and co-accused Md. Wafiz Mia (since acquitted) fled away therefrom and then aforesaid Khodeja Khatoon foun..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
.... Additional Sessions Judge, Jhalakati by judgment and order dated 29-5-2006 in Sessions Case No. 28 of 2006 convicted the aforesaid six petitioners and co-accused Ashadul Islam @ Arif, who is absconding althrough, under sections 120B and 324/302/34 of the Penal Code and sentenced each of the......ition for leave. 16. The learned Additional Sessions Judge, Jhalakati by judgment and order dated 29-5-2006 in Sessions Case No. 28 of 2006 convicted the aforesaid six petitioners and co-accused Ashadul Islam @ Arif, who is absconding althrough, under sections 120B and 324/302/34 of the..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......is allowed. The Evidence Act, 1872 (I of 1872), sections 3 & 5 The inmates of the house and close neighbours are natural and probable witnesses. Those witnesses testified in one voice that, accused Mohammad Khan gave the fatal blow at the place of occurrence surrounding the victim while he..Category: Criminal Law | Date: | Hits: 117
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... The Code of Criminal Procedure, 1898 (V of 1898), sections 164 & 364 Practice & Procedure It was injudicious to rely upon confession without calling the magistrate as a witness. The accused have been denied the opportunity to cross examine the magistrate. In criminal trial the pros..Category: Criminal Law | Date: | Hits: 49
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......4 of 1985). Judgment Shahabuddin Ahmed CJ. - This appeal by special leave calls in question an order of the High Court Division, Jessore Bench, in Criminal Mis. Case No. 24 of 1985 refusing the accused-petitioners bail pending disposal of a revisional apÂplication against their conviction and..Category: Criminal Law | Date: | Hits: 40
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...............Respondent Judgment October 31,1989. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (v of 1898), section 342 The accused appellant did not take the plea of inadvertence during trial, in signing the documents, caus..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......om the Judgment and Order dated 15 February, 1988 passed by the High Court Division, Rangpur Session in Death Reference No. 3 of 1986 and Jail Appeal No. 94 of 1986.) Judgment ATM Afzal J. -The accused-appellant has been sentenced to death for committing a double-murder by the Additional Sessi..Category: Criminal Law | Date: | Hits: 65
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ...... view we have takÂen upon deliberation of the matter and in view of the order proposed to be passed, reference to the facts of the case will be advisedly brief and the discussion likewise. 2. The accused-appellant was convicted under sections 467/468/471/419/420/409 Penal Code read with section ..Category: Criminal Law | Date: | Hits: 52
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......r Hasnat lodged a First Information Report with Ramna Police Station on 09.01.2002 alleging that her younger sister Sharmin Hasnat Nelly was allured by one Imtiaz Ahmed Sumon (co-accused) and pretended to have married her and then he left for United States of America and that t..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......which arose out of the judgment and order of conviction and sentence dated 27.7.1994 passed by the Senior Special Tribunal Number 2,Khulna in Special Tribunal Case Number 70 of 1991 convicting the accused respondent under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1..Category: Procedural Law | Date: | Hits: 100
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....n of the provisions of Sections 87/88 of the Code of Criminal Procedure has no leg to stand. 5. It may be stated that Section 87 of the Code provides for issuing proclamation for person absconding in a criminal proceeding and Section 88 of the Code of provides for issuing order of at......issing the appeal. 2. The facts, in short, are that one Md. Abdul Aziz on 05.01.1995 lodged First Information Report with Lohagara Police Station stating, inter alia, that on 04.01.1995 the accused petitioner No.1 Md. Sirajul Islam and co-accused Abu Bakkar entered his hut while he w..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......st the judgment and order dated 03.08.2003 passed by the High Court Division in Jail Appeal No. 368 of 2003 allowing the appeal, setting aside the order of conviction and sentence awarded upon the accused respondent under Sections 7 and 9(1) of Nari-O Shishu Nirjatan Damon Ain, 2000 (in short Ai..Category: Criminal Law | Date: | Hits: 34
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......se No. 7081 of 2002. 2. Md. Chand Mahmud, Assistant Inspector, District Bureau of Anti-corruption, Dhaka lodged a First Information Report with Ramna Police Station on 05.12.1993 against the accused petitioner and others stating, inter alia, that the accused persons in collusion with each ..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......so dismissed the appeal on 27-11-2002 but made an observation directing the Tribunal to conclude the trial within 4(four) months from the date of receipt of the order, "failing which the accused appellant may find bail to its satisfaction." Thereafter the petitioner moved the..Category: Criminal Law | Date: | Hits: 41
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......A. T. M. Afzal CJ. - Leave was granted in these two appeals by leave to consider the question of sentence only. 2. Accused appellant Sekander Ali Howlader of Criminal Appeal No.4 of 1997 and accused- appellants Yunus Ali, Abdul Barek Akon and Mosharref Hossain of Criminal Appeal No. 5 of 1..Category: Criminal Law | Date: | Hits: 44