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Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ...... black market. There was neither any fresh complaint or FIR against the accused petitioner nor was there any fresh police enquiry report against him. The accused petitioner was also not being tried before a separate Tribunal altogether. He was being tried by the same Court. As such revival of procee......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......sdiction. Cases Referred to- Abdul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR (SC) 95=PLD 1962 (SC) 242; Pir Badsa and another Vs. The State, 15 DLR (SC) 55; 14 DLR (SC) 96. Lawyers Involved: A Hasib with MA Tariq, Advocates— For the Petitioner. Sohrab Ali,..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......Haque, Additional Sessions Judge, Rangpur in Sessions Trial Case No.411 of 1979 on 16-1-81 under section 376 of the Penal Code and each of them has been sentenced to suffer rigorous imprisonment for five years. They have also been convicted under section 366 of the Penal Code but no separate se......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......ville, (1916) 2 KB 658; Shah Alam and others Vs. The Crown 10 DLR 237; Rameshwar Vs. The State of Rajasthan, (1952) SCR (India) 377; Momtaz Ahmed Khan Vs. The State 19 DLR (SC) 259 (265). Lawyers Involved: Md. Fazlul Karim, Advocate— For the Appellants. Kazi Safiudd..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......convicted under Section 304 Part II of the Penal Code by Mr. A.H. Chowdhury, Sessions Judge, Dinajpur in Sessions Case No. 30 of 1970 on 9-8-70 and sentenced to suffer rigorous imprisonment for five years. 2. The case for the prosecution in brief is as follows: P.W.1 Abdur Rouf who li......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ...... evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ullah Vs. The Crown, 6 DLR (F.C.) 65 Lawyers Involved: Abdul Malek —For the Appellant. Marfat Ali —For the State. ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......cial Tribunal Case No.27 of 1972. 2. Accused appellant Saad Ahmed was convicted by the said Special Tribunal under section 121 of the Penal Code read with Article 11(a) of P.O. No.8 of 1972 for waging war against the People's Republic of Bangladesh during the war of liberation and......ain vacant seats of the National Assembly. The then President of Pakistan declared that after the bye-elections are held the National Assembly will be convened on the 28th December, 1971 and the Martial Law will be withdrawn on that very date. A representative government will be sworn in on tha......hellip;…………State Judgment November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ...... Appeal is allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by B.C. Panday, Adv......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ...... allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by B.C. Panday, Advocate-on-Recor..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......bul Hossain the younger brother of the husband of the petitioner protested when the accused persons and 2 police constables caught him and assaulted him. Thereafter the accused persons took away the aforesaid articles and Eksir Mia to the house of accused Tofel Ahmed where accused opposite part......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ...... Judgment March 4, 1981 Result: Rules are made absolute. Case Referred to- Afzalur Rahman Vs.King Emperor, AIR 1943 FC 18; Nagraj Vs.State of Mysore, AIR 1964 SC 269. Lawyers Involved: Abdul Molek with Syed Sakhawat Ali, Advocates-For the Petitioners Seroju..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......wer to convert an acquittal into conviction. Unless the power of conversion of acquittal into conviction is specifically provided in a statute such power cannot be read into it and exercised. Before the provision for review was brought into this statute by amendment there was provision for app......ip;……….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of......ip;…….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of review ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......et in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information Report lodged by the petitioner No. 1 Abdul Bari on 29-3-7......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......ellip;…………………………..............opposite party Judgment November 18, 1980 Result: The Rule is discharged. Lawyers Involved: Abdul Malek, Advocate-For the petitioner. S.K. Sinha, Advocate-For oppos..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ....... Judgment Rahul Islam J.- This contempt proceedings started on a suo motu Rule issued by this Court against Abdus Sobhan, appellant in Civil Appeal No.9 of 1978. 2. The facts relevant for disposal of the matter are as follows: The appellant Abdus Sobhan filed Civil Appeal No.9 ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......………Respondents Judgment March 19, 1979. Result: The appellant is found guilty of contempt of Court but unconditional apology he is let off with warning. Lawyers Involved: Ataur Rahman Khan, Advocate - For the Contemner Appellant. Rafique-ul-Hu..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
.... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......ain—For the State.
Criminal Revision No. 748 of 1977
Judgment
Mohammad Habibur Rahman J.-This rule was issued calling upon the Deputy Commissioner, Bakerganj and opposite party informant Khorshed Ali Bepari to show because why the impugned orders passed on 24-3-77 and 27-7-77 in...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......Dost Mohammad Vs. The State, (1977) 29 DCR 122; Salimuddin Ahmed Vs. The State (1976) 28 DLR 187; Md. Kalu Bhuya Vs. Special Tribunal (1978) 30 DLR 124;Falak Sher Vs. The State. 19 DLR (SC) 426;
Lawyers Involved:
Abu Backkar with, Abul Awla Zahirul Hossain—For the Petitioners.
M..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......ed by the Haluaghat Police on 8.2.76 and on 9.2.76 he was served with the impugned order and since then he has been in custody. The petitioner further stated that the detention order was challenged before this Hon'ble Court in Writ Petition No. 357 of 1977 whereupon a Rule was issued. It appears......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......1950 Orissa 146; Mt Haydari Begum Vs. Jawad Ali AIR 1934 All. 22; Hari Ram Vs. Emperor AIR 1939 FC 43; Gulzar Hassan Vs. Ghulam Murtaza PLD 1970 (SC) 335; Emperor Vs. Atta Md. AIR 1945 Lah. 130. Lawyers Involved: Strajul Huq, Aminal Huq, Zabir Ahmed—For the Petitioner. Moazzem H..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ent A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North) Chittagong should not be quashed. 2. Opposite...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......er…............Opposite-Parties Judgment July 25, 1978. Result: The Rule is made absolute. Case Referred To- AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988 Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan with Rabia Bhuiyan—For the Petitioners. ..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......took cognizance against one Abdullah under section 406 of the Penal Code and the case, being G.R. Case No.476/ 76, was then transferred to the file of one Mr. A., Hye, Magistrate 1st Class, for disposal. While this case was pending before the Magistrate the District Control Cell, an agency......oner
Vs.
Anwar Hossain Chowdhury & others………...........................Respondent
Judgment
July 20, 1978.
Result:
The rule made absolute.
A Martial Law Court will take cognizance only on a police report.
A case from an ordinary crimina......
Vs.
Anwar Hossain Chowdhury & others………...........................Respondent
Judgment
July 20, 1978.
Result:
The rule made absolute.
A Martial Law Court will take cognizance only on a police report.
A case from an ordinary criminal court ..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
...... took cognizance against one Abdullah under section 406 of the Penal Code and the case, being G.R. Case No.476/76, was then transferred to the file of one Mr. A., Hye, Magistrate 1st Class, for disposal. While this case was pending before the Magistrate the District Control Cell, an agency......dhury & ors……….....Respondent
Judgment
July 20, 1978.
Result:
The Rule made absolute.
A case from an ordinary criminal court could be transfered to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No. 1 of 1975 and that the S......mp; ors……….....Respondent
Judgment
July 20, 1978.
Result:
The Rule made absolute.
A case from an ordinary criminal court could be transfered to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No. 1 of 1975 and that the Summary M..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ...... DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Azizul Huq, Syed Moinul Huq-For the Petitioner Fakhrul Islam for Shah Md. Sharif-For Opposite Parties. Criminal Revision No. 786 of 1974. Order ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ...... Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar Das (1964) 16 DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Azizul Huq, Syed Moinul Huq-For the Petitioner Fakhrul Islam&n..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......bdur Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sentencing both the appellants to transportation for life. While concurring with the main judgment just delivered by my learned brother Afzal, J......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ............................Appellants Vs. The State....................................................Respondents Judgment June 13, 1978. Result: The appeal is allowed. Lawyers Involved: Mostafa Kamal—For the Appellant. Humayun Habibur Rasul—For ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ...... G.W.N., 351; A.I.R. 1958 (Punjab), 47; A.I.R. 1962 (Madhya Pradesh), 104; A.I.R, 1965 (Rajasthan), 143; 17 DLR (SC), 392; Biqui Baluch, 20 D.L.R.(SC). 263; Yakub Vs. Basu, 50 Cr. L. J. 299 S. B Lawyers Involved: Moksudur Rahman, with M. A. Barek— For the Petitioners. Ahmed Sobh..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......R. (SC), 290-PLD 1964 (SC), 673; Biqui Baluch; 20 D.L.R. (SC). 263; Yakub Vs. Basu, 50 Cr. L. J. 299 S. B.; A.I.R. 1958 (Punjab) 47, A.I.R. 1962 (Madhya Pradesh,) 104; A.I.R 1965 Rajasthan, 143. Lawyers Involved: Moksudur Rahman, with M. A. Barek— For the Petitioners. Ahmed Sobh..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......alSessionsJudge and Ex-officio Special Judge granted bail to the petitioner No.3 or a bail bond of Rs. 2,000/-supported by two surety bonds one from local surety and another from a lawyer surety each for a sum of Rs. 2000/- each for a sum of Rs. 2,000/-. The allegations against the petitioner No.3 i......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......s. Emperor A.I.R. 1929; Tarini Yadab and another Vs. The State A.I.R. 1962 Patna page 431; Wilayat Hossain Vs. The State 20 D.L.R. (W.P.) page 4; Golam Kader Vs. The State 22 D.L.R. (W. P.) 268. Lawyers Involved: Chowdhury Jahanara—For Petitioners. Kazi Abdul Wahab—For St..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....nt after the fourth constitutional amendment and that emergency is still continuing. Added to it, a proclamation was made on 20th August, 1975 declaring Martial Law and the country is still under the Proclamations of 28th August and 8th November, 1975. The Emergency which was proclaimed in January 1......s. Anwara Begum. It is stated that the detenu is detained by an order dated 23-3-77 under rule 5(1)(a) of the Emergency Powers Rules, 1975 (Annexure-A). It is further stated that there is no material for which the detaining authority could pass the order of detention and it is stated that the detenu......actor and it has been proclaimed by the President after the fourth constitutional amendment and that emergency is still continuing. Added to it, a proclamation was made on 20th August, 1975 declaring Martial Law and the country is still under the Proclamations of 28th August and 8th November, 1975. ......; Arun Kumar Vs. State of West Bengal; Brozan Vs. State of West Benga; Bhimsen Vs. Union of India, A.I.R. 1951 (SC) 481; Kripa Shindu Hazra Vs. Bangladesh Govt. in Criminal Misc. Case No. 69/77.
Lawyers involved:
K.Z. Alam with Latifur Rahman—For the petitioner (In the three petition..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
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