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Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)

....nd in the letter of reference, the reference is accepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ......howdhury J.- This is a reference under section 438 of the Code of Criminal Procedure (hereinafter referred to as the Code) made by Mr. Md. Ibrahim, Addl. Sessions Judge, Dacca, recommending for setting aside the order dated 27.10.70 passed by Mr. M.A. Hye, S.D.O. (North) Dacca, in Case No.......nd in the letter of reference, the reference is accepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ....... Cases Referred to- Shahzada Daljit Singh vs. Mian Taj Singh A.I.R. 1939, Cud, 284; Netesa Naicken Vs. Raghavachari and others in A.I.R. 1925 Madras, 327;Ngathan Vs. Emperor in 15 Criminal Law Journal 555)  Lawyers Involved: M. B. Rahman—In support of the Refer­en..

Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ......iminal Revision No.1173 of 1974) Judgment Ahsanuddin Chowdhury J.- This appeal by Special leave arises in the following circums­tances: Complainant Abu Taleb Gazi lodged a first information report at the Kotwali Police Station, Jessore alleging that his brother dece­ased Lutfar......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ......SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. Lawyers Involved: Md. Moksudur Rahman, Advocate instructed by S. S. Huda, Advocate-on-Record..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ......owdhury J.—This rule is directed as to show cause why the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ......erseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of Bangladesh, (1977) 29 DLR 59; Makhan Singh Vs. Punjab (AIR, 1964 SC. 381; Ramsingh Vs. Delhi, A.I.R. 1951 (SC) 270. Lawyers Involved: SerajulHuq with ShohrabHossain—For the petitioner. Moazzem Hossain..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......he taking away of six bags of wheat. On 31st October, 1974 the people found Ismail Member in the house of Rostum Ali and asked him about the wheat and on his inability to say anything he was taken by force by the people to the Union Parishad Office where he was assaulted. 3. The Police after in......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ...... The State, (1976) 28 DLR, 185; Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122; A.K. Roy Vs. The State of West Bengal, A.I.R. 1962 Cal. 135; Copal Marwari & ors. Vs. Emperor, 45 Criminal Law Journal, 177,; Muhammad Nawaz Khan Vs. Noor Mohammad Khan and others, P.L.D. 1967 Lahore, 176; F..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ...... Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No one—For opposite party. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-divisional Magi......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ............................Petitioner Vs. State................................................Opposite party Judgment April 19, 1977 Result: The Rule is made absolute. Lawyers Involved: Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No o..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ......er. A.R.M. Shafiqur Rahman—For the Oppo­site Parties. Criminal Revision No. 1274 of 1974. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceeding in C.R. Case No. 716 of 1973 pending in the Court of Sub-Divisional Magi......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ......site Parties Judgment March 9, 1977. Result: The rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another (1962) 14 DLR (SC) 96 Lawyers Involved: Mirza Golam Hafez with Md. Abdul Aziz—For the Petitioner. A.R.M. S..

Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1

Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)

....e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ......lt: The appeal is allowed. Question of Doubt or Presumption under section 114(g) of the Evidence Act- As the petitioner witness were not examined and no explanation was given for his non examination, presumption under section 114(g) of the Evidence Act is accessibl......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ......;114(g) of the Evidence Act is accessible here thus  there raises a question of doubt in the prosecution and benefit of this defect would go to the appellant………(5) Lawyers Involved: A. B. M. Knairul Hoque Advocate—For the Appellant. A.T.M Afzal, Dy..

Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......, convicting the appellant under section 25(1) read with item 6 of the Schedule and section 2(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Taka 1000/-, in default, to suffer rigorous imprisonment for six m......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......50 CWN 502; Garikapati, PLD (1962)448; Muzaffar Ahmad, (1964) 16 DLR 336; Gazi, PLD (1962) Lah. 662; Khushiram Halidas, PLD (1969)Kar. 875; Dammal All AIR (1936) P.3: Indira, AIR (1956) (SC) 77. Lawyers Involved: Md. Abdur Rouf with Khademul Islam Chowdhury and Md. Luthfar Rahman Mazumdar&..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)

....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......n and Mafu alias Mafizuddin Oazi have been convicted by Mr. H. M. R. Siddique, Sessions Judge, Comilla, by his order dated 25-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chow......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......p;…………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. Moazzem Hossain—For the S..

Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2

Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)

....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ......nt passed in Criminal Appeal No.153/69, let the case be transferred and registered as special case. Cognizance u/s 4(1) of the Criminal Law Amendments Act has already been taken. To 12-1-70 for appearance of the aced persons.” Seven such orders have been passed by the learned Se......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ......1974. Result: The rules are made absolute. Cases Referred To- Md. Shafiullah Vs. the State (1957) 19 DLR page 254 (259); Aminul Haque Vs. The Crown (1951) 3 DLR (FC) 518(526) Lawyers Involved: Md. Nurul Huq with Rabi Bhuiya and Mozammel Hoque Bhuiy—For the Petitio..

Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......er this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in accordance with law or set at liberty. 2. The facts of the c......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......vernment of Pakistan, (1963) 20 DLR (SC) 249; P.L.D. 1968 (SC) 313; Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC), P.L.D. 1969. (SC) 14. Lawyers Involved: Kazi Shahadat Hossain, Advocate—For the Petitioner. A.T.M. Afzal, ..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ...... proceeding under section 107 Cr.P.C. asking them to show cause why they should not be ordered to execute a bond of Rs. 1500.00 each with two local sureties of the like amount each, to maintain peace for the period of one year and (2) to issue warrants for their arrest. By the same order, the learne...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......15, 1970. Result: The Rule is discharged.  Cases Referred to- Chand Shah Vs. The Crown (1956) 8 DLR (FC) 24; Md. Ishaque Vs. Nur Mahal Begum (1961) 13 DLR (SC) 138. Lawyers Involved- Ataur Rahman Khan, Shamsul Huq Chowdhury, Advocates— For Petitioners. ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)

....eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 ......majority opinion of the assessors in respect of the two appellants convicted them of the offence under sections 148 and 302/149 of the Pakistan Penal Code and sentenced each of them to transportation for life. The learned Additional Sessions Judge agreeing with the unanimous opinion of the assessors......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 .............................Respondent Judgment August 7, 1970. Result: The Appeal is allowed. Cases Refereed to- Khairdi Khan and others Vs. The Crown, 5 DLR (FC) 185. Lawyers Involved: M Rahman Chowdhury — For the Appellants. Sultan Ahmed — For ..

Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50

Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)

....the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174   ......er of release passed by his predecessor-in-office on 27-12-82 under section 339C (4) of the Code of Criminal Procedure as amended by Ordinance No. XXIV of 1982. The short fact relevant for the disposal of this Rule may be briefly stated as follows: 2. One Mst. Anjuna Khatun lodge......the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174   ......storing the original Sessions Case to its file and number setting aside the order of release passed the predecessor-in-office under section 339C (4) of the Code of Criminal Procedure— Lawyers Involved: Taleb Ali—For the petitioners. Sultan Ahmed, D.A.G. with Md. Mokht..

Category: Criminal Law, Procedural Law | Date: | Hits: 1

Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)

....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ......hat appellant Majibur Rahman Gazi is a young man of 35 years of age and that initially he had no premeditation to murder, ends of justice would be substantially met if he is sentenced to imprisonment for life……………..(20) Lawyers Involved: S.A. Hasan, Assis......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ...... of age and that initially he had no premeditation to murder, ends of justice would be substantially met if he is sentenced to imprisonment for life……………..(20) Lawyers Involved: S.A. Hasan, Assistant Attorney‑General—For the State. Sayed Ziau..

Category: Criminal Law | Date: | Hits: 2

S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)

.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ......udge and Ex-Officio Senior Special Judge, Jessore convicting the appellant S. M. Qamruzzaman under section 161 Penal Code and 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for one year and also to pay a fine of Tk. 2000/-. 2. The prosecution case is that following th......li PS. were also lost for which a case was started against S.I. Abdul Kashem by the O/C. Kazi Anwar Hossain by lodging F.I.R. Ext. 20. It is in the evidence that the original F.I.R. was lost from the Martial Law office where the case records were sent in November, 1971 (vide Ext. 25 series) and the ......Telikecheral Kendalel Venkata Ramanaja vs. Telikecheraia Kandalal, 97 1C 785; Sheonandan Singh & others Vs. Jeonandan Das, 13 CWN 71;Chennupatti Vs. Nellurai Narayanaswami, AIR 1954 Mad 215. Lawyers Involved: Khandker Mahbubddin Ahmed with S.M.N. Alam and Md. Shafiqur Rahman, Advocates..

Category: Criminal Law, Evidence Law | Date: | Hits: 2

Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)

.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......, Advocate, instructed by Clioivdhury Md. Zaliangir, Advocate-on-Record—For the Respondent No. 1. Md. Shamsul Alam, Advocate-on-Record—For the Respondent No.2. Criminal Petition for Leave to Appeal No. 442 of 2012. (From the Judgment and order dated 22-1-2012 passed by the...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ...... to acquittal to one of conviction. High Court Division has exceeded its revisional power by restoring the conviction on setting aside the order of acquittal to one of convic­tion........(5) Lawyers Involved: Md. Khiirslud Alam Khan, Advocate, instructed by Md. Znlnnil Islam, Advocate-..

Category: Criminal Law | Date: | Hits: 5

Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ......ajee Azizur Rahman filed a petition of com­plaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assem­bly along with other unknown persons, crimin­ally trespassed into t......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ...... Result: The Rule is discharged. Cases Referred to- Abu Taher and others Vs. Mst. Razia Begum and another, 37 DLR 18; Abdul Kader Choudhury & ors. Vs. The State, 28 DLR 38 AD. Lawyers Involved Mokbul Ahmed— For the Petitioner. M. Abu Salek Chowdhury with Abdul..

Category: Criminal Law | Date: | Hits: 1

Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)

....sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......gh Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction)  Present: A.T.M. Afzal J Latifur Rahman J Mohammad Ali........................................Infor­mant Petitioner Vs. Sukur Ali (The State) & others......................Opposi......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. .........Infor­mant Petitioner Vs. Sukur Ali (The State) & others......................Opposite-Parties Judgment December 3, 1985. Result: The Rule is discharged. Lawyers Involved Mahbubur Rahman, with Sharifuddin Chaklader— For the Petitioner. Ab..

Category: Criminal Law | Date: | Hits: 1

Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)

....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ...... allowed and the Rule was made absolute, the respondents served another order of detention as he was coming out of the jail gate. It is contended that since 1974 the detenu was in detention and, therefore, the detention order under the Emergency Powers Rules lacks its basis because he was incapable ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......C) 3341; Makhan Singh Tarasikka Vs. The State of Punjab, in A.L.R. 1964 (SC), 1120; Golam Jillani in 19 D.L.R. (SC), 403, Baqui Baluch, in 20 D.L.R. (SC);Begum Abdul Karim, in 21 D.L.R. (SC), 1. Lawyers Involved: S. S. Haider with A. Y. Mosihuzzaman —For the petitioner. Anwarul ..

Category: Criminal Law | Date: | Hits: 1