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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....realization of the civil suit is for realization of money. Both can stand together." (8) In 56 DLR (AD): Amir Hossain Vs. M.A. Malek, it has been held by the apex court that, "The convict respondentadmitted about the loan, issuance of cheque by him and dishonour of the cheque and......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
.... Additional Sessions Judge, 3rd Court, Bogra considering the evidence and other materials on record as well as the facts and circumstances of the case however, found the condemned-prisoner guilty and convicted him under section 302 of the Penal Code and sentenced him to death thereunder. ......on 106 of the Evidence Act has attribute the liability of proving the facts on the accused when the same is especially within his knowledge. In this case; we have noticed that the condemned-prisoner Golam Rabbani and his wife the deceased Shirina Khatun while living in their residence the ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....crimes listed in charge No.1. 3. This Division, by the judgment and order under review, allowed the appeal in part thereby acquitted the petitioner of the charge No.1 and maintained the order of conviction of the charges No.3, 5, 6 and 7 and also maintained the sentences of the charges No.3,5 a......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
.... Chowdhury.........................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2015.
Result:
The conviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maint......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
..... Ashaque Momin, AAG with Shahida Begum—For the Respondent. Criminal Appeal No. 2931 of 2012 Judgment Ashish Ranjan Das J.— This Criminal Appeal at the instance of the sole convict Sanjay Kumar Biswas has been directed against the judgment of conviction and sentence dated ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....(Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for se......ugh declared section 6(2) of the Ain, 1995 ultra vires the Constitution, refrained from declaring section 34 of the Ain of 2000 unconstitutional and also did not declare the sentence of the condemned prisoner to be unlawful. It was observed that the provision of mandatory death penalty is ultra-vire..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....(Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for se......ugh declared section 6(2) of the Ain, 1995 ultra vires the Constitution, refrained from declaring section 34 of the Ain of 2000 unconstitutional and also did not declare the sentence of the condemned prisoner to be unlawful. It was observed that the provision of mandatory death penalty is ultra-vire..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....nder sections 302/34 of the Penal Code and sentenced each of them to suffer imprisonment for life and to pay fine of Taka 5,000, in default, to suffer rigorous imprisonment for one year more and convicted respondent No.5 under section 302 of the Penal Code and sentenced him to suffer impri......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 ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....rking days, allowed theappeal in part, unanimously affirmed the guilty finding arrived at on charge No.3 by the Tribunal below, unanimously acquitted him ofcharge No.1, and by majority maintained the conviction and sentencein respect of charges Nos. 2 and 7. Death sentence on charge No.3 has been ma......, 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: ..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)
....¾à¦°à§€’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for dowry and in both the cases, fine has to be also imposed. So, in order to convict a person and to sentence him under clause-(ka) of section 11, there must be evidence that a ......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. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....39;dated 20-4-2004 passed by Assistant Sessions Judge, 3r Court, Comilla in sessions Case No.182 of 2001 arising out of GR No. 43 of 2001 Corresponding to Burichang PS Case No.10 dated 19-4-2001 convicting the petitioners under section 394 of the Penal Code and sentencing each of them to s......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. ..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....ie shows willful and flagrant violation of order dated 23-7-2013 passed by this Court and amounts to committing contempt of court in the manner specified herein above and as to why they should not be convicted for committing contempt of court and be sentenced to suffer imprisonment and be fined......her signed copy of the order of committal be kept with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ondent No.2. Criminal Appeal No. 8595 of 2008. Judgment ANM Bashir Ullah J.— This criminal appeal, under section 10 of the Criminal Law Amendment Act, 1958 at the instance of the convict appellant Md. A Kader Zilani has been directed against the judgment and order dated 27-11-20......ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
.... affirming the judgment dated 23-8-2012 passed by the learned Metropolitan Joint Sessions Judge, 6th Court, Dhaka in Metropolitan Sessions case No. 5674 of 2010 arising out of CR case No. 615/10 convicting accused petitioner under section 138 of the Negotiable Instruments Act, 1881 (in sho......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 ..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
State Vs. Robin, 2014, 43 CLC (AD)
....ho were not cross- examined by the defence as the accused were absconding. 6. After conclusion of trial the learned Judge of the Tribunal found the respondent and two others guilty and convicted them under sections 7 and 9(3) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sent...... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ..Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....mbered as Death Reference No.133 of 2008. 2. The learned Sessions Judge, Rajshahi found the condemned-prisoner namely, Md. Sajjad Ali guilty of the charge under section 302 of the Penal Code and convicted and sentenced him thereunder to death in Sessions Case No. 609 of 2008 arising out of MGR ......74 of the Code of Criminal Procedure (shortly, CrPC) to this Court. The reference has been numbered as Death Reference No.133 of 2008. 2. The learned Sessions Judge, Rajshahi found the condemned-prisoner namely, Md. Sajjad Ali guilty of the charge under section 302 of the Penal Code and convict..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....Advocate—For the Anti-Corruption Commission. (Respondent No.2). Criminal Appeal No. 1812 of 2010. Judgment ANM Bashir Ullah J.— This criminal appeal, at the instance of the convict appellant under section 10 of the Criminal Law Amendment Act, 1958 has been directed against......d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....ed brother Md. Abdul Wahhab Miah, J. Though I agree with his ultimate opinion that the High Court Division erred in acquitting accused respondent Abdul Quader @ Mobile Quader and also maintaining the conviction of Ataur Rahman, I am unable to persuade the views taken by my learned brother and accord...... 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. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....tions: 5(অ) 5(ঈ), 5(ক)& 5(ঙ) It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the accused merely on suspicion that the accused committed such crime. There cannot be con......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
....the provision, no notice is required to be served. If the prosecution can establish that any person has acquired or amassed wealth which is beyond his known source of income, he may be prosecuted and convicted under section 27(1)......(5)
The accused-respondent was also convicted under section ......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
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