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.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......lant along with another moved the High Court Division challenging the mandatory death penalty provided in section 6(2) of the Ain as ultra vires the Constitution.
2. The High Court Division upon hearing the parties though declared section 6(2) of the Ain, 1995 ultra vires the Constitution, refr..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......lant along with another moved the High Court Division challenging the mandatory death penalty provided in section 6(2) of the Ain as ULTRA VIRES the Constitution.
2. The High Court Division upon hearing the parties though declared section 6(2) of the Ain, 1995 ultra vires the Constitution, refr..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......oll causing bleeding injuries, accused Faruque inflicted dagger blow at the neck below ear of P.W. 2, Jam Uddin, accused Atab Ali assaulted P.W. 4, Abdur Rouf by roll causing fracture at his hand. On hearing alarm locals reached at the scene and accused departed from the Mirgonj Bazar. The wounded w..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ......etropolitan Special Case No. 138 of 2012. On 4-9-2012, the accused-petitioner filed an application for not taking cognizance against her. The learned Metropolitan Special Judge, Dhaka after hearing the respective parties by the order dated 4-9-2012 rejected the said application and had tak..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......annot be equated with an appeal A review petition filed by those subject to regimentation clogged by Article 47A (2) of the Constitution, the Court is to ensure that in the pretext of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Divisi..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ...... 2, the accused assaulted the victim.P.W.5 was tendered. P.W.6 has stated in his examination-in-chief that the occurrence took place on 26-8-2000 at 9-00 am at the house of the informant'. He, on hearing hue and cry, went to the house of the informant and saw the accused going away by bi-cycle f..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ......f 2007 were stayed for a period of 1 (one) year or till disposal of Writ Petition Nos. 6869, 7336, 7190, 7229 of 2008 whichever is earlier. 4. The learned Judges of the High Court Division after hearing the parties by their judgment and order dated 8-11-2012 discharged the Rule and vacated the ..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
....t afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149 ......d to reconsider the said point. 9. In view of the above, we find infirmity in the judgment of the High Court Division and we have no option other than to send back the matter on remand for fresh hearing by the High Court Division. 10. The High Court Division shall dispose of the appeal on ..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......e Penal Code. 5. The prosecution examined 7 witnesses and defence examined none. 6. After examination of the accused petitioners under section 342 of the Code of Criminal Procedure and hearing arguments, the trial Court convicted the petitioners as aforesaid. They preferred appeal in ..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....eal on merit afresh.
The leave petition is accordingly, disposed of with the above observations and directions.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 127.
......d of.
Offence punishable under section 27 of the Ain is distinct offence and no notice is required by the Commission for prosecution of an offender in respect of the offence.
At the time of hearing the leave petition Mrs Mahmuda Begum, learned Advocate-on-Record for the petitioner submits ..
Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......2011 under section 561A of the Code to quash the proceeding as a whole and the High Court issuing the Rule on 15-2-2011 stayed all the further proceedings of the case for a period of 2 months pending hearing of the Rule with a caution and direction to get the Rule ready and heard within the afo..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
State Vs. Md. Lutfur Rahman and others, 2014, 43 CLC (AD)
....ars imposed on the accused-respondents by the trial Court be reduced to the period they have already undergone. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 150. ......d order of the trial Court the convicted accused persons preferred the above mentioned Criminal Appeal No.1601 of 1998 before the High Court Division. A Single Bench of the High Court Division, after hearing both the parties, allowed that appeal and set-aside the judgment and order of conviction and..Category: Criminal Law | Date: 14 Oct, 2014 | Hits: 2
Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)
....ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ......ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ..Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
.... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ......er framing of charge, the present accused-petitioner approached this Court with an application under section 561A of the Code of Criminal Procedure for quashing the impugned proceeding. This Court on hearing the learned Advocate for the accused-petitioner issued Rule and passed an order of stay of t..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......e house of the informant and that of the accused is 100/125 feet. The informant came to him with his two sons. At that time 12/13 persons were present there. He did not go to the police station after hearing the news. He started miking on the following morning. He informed the matter to the Chairman..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......rther stated that on 15th October, 2001, in the evening, he came to know that Minister Mizanur Rahman Sinha would come for holding a public meeting in front of accused Abdul Quader's house and on hearing the news, he went to accused Abdul Quader's house. At about 7-30 PM, accused Abdul Quade..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......ding in the Court of Nari-o-Shishu Nirjatan Damon Tribunal, Habigonj shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Pending hearing of the Rule, let all further proceeding of Nari-o-Shishu Case No.123 of 2009 arising ou..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......ion for Leave to Appeal before this Court and leave having been granted gave rise to Criminal Appeal No.43 of 2009. The appeal was dismissed by this Court on 12-10-2011. However, during the course of hearing of the appeal, this Court was informed that by the time, the principal accused (Ram Krishna ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
State Vs. Arman, 2014, 43 CLC (AD)
....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......e exercise of discretion. In respect of offences punishable under the Nari-o-Shishu Nirjatan Daman Ain, there is specific bar under section 19(2) (ka) in exercising the power of granting bail without hearing the informant and that the Tribunal or Court may grant bail to an accused person on assignin..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......the Court of Senior Metropolitan sessions Judge for trial, where Special Case No. 2 of 2002 was registered and the Special Judge granted bail to the respondent on 6-2-2002 and fixed the case for hearing of cognisance. In the meantime, sanction was granted for trial of the respondent. On the dat..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
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