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Md. Shabjahan 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: | Hits: 1

Joynal Abedin Vs. State, 2011, 40 CLC (HCD)

....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......riminal Miscellaneous Case No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......, 1984 (AD) 193 = 37 DLR (AD) 139; State Vs. Lalu Miah, 1987 BLD (AD) 212 = 39 DLR (AD) 117; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 SC 317 = 19 DLR (SC) 439; Sher Ali Vs. State, 46 DLR AD 67. Lawyers Involved: Khurshid Alam Khan with Das Tapan Kumar - For the Petitioner. Rona Nah..

Category: Criminal Law | Date: | Hits: 36

Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)

....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......Rule the opposite parties were called upon to show cause as to why the Sessions Case No, 315 of 2004 arising out of C.R. Case No.294 of 2004 under Sections 448/385/427/506 of the Penal Code pending before the Sessions Judge, Comilla shall not be transferred to the Court of Sessions Judge, Brahmanbar......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......nd another…………………….Accused-Petitioners Vs. The State and another…………………..Opposite parties Judgment May 15, 2006. Result: The Rule is made absolute. Lawyers Involved: Rafi Ahmed, Advocate - For the accused petitioners. Nahreen Amin with Harun..

Category: Criminal Law | Date: | Hits: 18

Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)

....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ...... orders passed as to this Court may seem fit and proper. 2. One Iqbal Kabir lodged an ejahar with the Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his fathe......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......d Hossain Baber and others, 7 BLT (AD) 305; Shokrana Vs. The State, 6 MLR (AD) 180; Abu Bakker & ors Vs. State, 46 DLR (HCD) 684; Moksudur Rahman Hilary and others Vs. State, 47 DLR (HCD) 314. Lawyers Involved: Abdul Baset Majumder, Advocate - For the Petitioners. Abdur Rouf, Deputy Att..

Category: Criminal Law | Date: | Hits: 24

Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)

....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ...... Abu Salek - For the Petitioners. None – For the Respondants. Criminal Revision No.1 of 1986. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This application u/s. 561A Cr.P.C. is for quashing DAB G.R. Case Nos. 44(A), 44(B), 44(C), 44(D) and 44(E) of 1983 arising out of DAB G.R.......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......986. Result: The application is rejected. Cases Referred to- Nader Ali Shaikh Vs. The State and another, 1984 BLD (AD) 1; Una Rindu Bhikku Vs. Abdul Hakim Howlader, BCR 1984 (AD) 159. Lawyers Involved: Abu Salek - For the Petitioners. None – For the Respondants. Criminal..

Category: Criminal Law | Date: | Hits: 144

Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)

....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......ibunal No. 2, Khulna in Special Tribunal Case No. 319 of 1997 convicting the accused appellants under section 25A of the Special Powers Act and sentencing each of them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6 (six) m......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......e, III BLC 673; Ayub Ali alias Md. Ayub Ali, 5 BLC 345; Nurul Islam Vs. State, 1988 BLD 106; State Vs. Munir, 1 BLC 345; State Vs. Abul Kalam, 5 BLC 230; Abu Siddique Vs. State, 1990 BLD (AD) 166. Lawyers Involved: Sarwar Ahmed with Humayan Kabir, Advocate - For the Appellants. SM Shajahan ..

Category: Criminal Law | Date: | Hits: 134

Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)

....ve the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......awful marriage, thereby committed the offence under section 493, of the Penal Code. Eventually, charge under section 493 of the Penal Code was framed against the petitioner. The case is now pending for trial. 3. Feeling aggrieved the petitioner preferred the instant application and obtained the......ve the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ...... J Akhtaruzzaman Akhtar Shah (Md.)..................Accused Petitioner Vs. State....................Opposite Parties Judgment March 10, 2011. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioners. Biswojit Roy, Deputy Attorney-Ge..

Category: Criminal Law | Date: | Hits: 126

Alkas Gorami Vs. State, 2006, 35 CLC (HCD)

.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... sentence dated 26.8.2001 passed by the Additional Sessions Judge, Madaripur convicting the accused-appellant under section 302/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 months m...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9 DLR (FC) 177. State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182;35 DLR 119; 44 DLR 136;Osman Gani Vs. State, 9 BLT (AD) 107. Lawyers Involved: A.K.M. Faiz, Advocate-For the Appellant. Nikhilesh Dutta, Deputy Attor..

Category: Criminal Law | Date: | Hits: 43

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......posite party No.1 being the Bangladesh Film Development Corporation (FDC) represented by its Law Officer Md. Ruhul Amin. 3. We have heard Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for the accused-petitioners and Mr. Md. Mamunor Rashid, the learned Assistant Attorney General appea......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......ht and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. Bangladesh Film Development Corporation, Tejogaon Industrial Area, Dhaka 1208, Represented by its Law Officer Md. Ruhul Amin son of late Mohabbat Ali Patwari………………………..Opposite par..

Category: Criminal Law | Date: | Hits: 66

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. .......S Case No.14 dated 03.01.1999 corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Inspector En......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......HCD) 508; Mohammad Alam and three others Vs. The state, 19 DLR SC 242; Anat Gopal Sheorey Vs. the State of Bombay; Momen Abdul Karim Haji Tayab Vs. Deputy Custodian General, New Delhi and others. Lawyers Involved: Dewan Abdun Naser, Advocate - For the appellant. Ummea Kulsum Begum, Deputy ..

Category: Criminal Law | Date: | Hits: 77

Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)

.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal No.4, Dhaka. 2. An impugned question of law as to interpretation of section 205 of the Code of Criminal Procedure is posted for decision. 3. The facts of this case are that accused petitioner abet Shimi Banu, an adult dau...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......�…………………………Opposite Parties Judgment May 7, 2006. Result: The Rule is discharged. Cases Referred to- AIR 1965 (SC) 1142; AIR 1971 (SC) 1283; 17 DLR (SC) 192. Lawyers Involved: Khondker Mahbub Hossain, Advocate - For the Petitioner. Khan Saifur Ra..

Category: Criminal Law | Date: | Hits: 39

Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)

.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were also stayed. 3. The facts relevant for the purpose of disposal of the Rule are that one Md. Abdul Karim lodged FIR with Taknaf Police S...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......bail). Vs. The State, represented by the Deputy Commissioner, Cox's Bazar...................Opposite party. Judgment August, 19, 2009. Result: The Rule is made absolute in part. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the petitioner. SK. A.K.M. Moniruzza..

Category: Criminal Law | Date: | Hits: 62

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......r in Special Case No.24 of 2004 arising out of G.R. Case No.155 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......��……………………………Petitioner Vs. The State……………………………………….Opposite party Judgment May 24, 2010. Result: The rule is made absolute. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioner. K.M. Masud Rumy, Assis..

Category: Criminal Law | Date: | Hits: 97

Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)

....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......ns Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant, and absconding accused Ful Baru under section 314/34 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further ri......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......�……Convict Appellant Vs. The State………………………Respondent Judgment July 27, 2005. Result: The appeal is dismissed with modification of the impugned Judgment. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Md. Faisal Hossain Kha..

Category: Criminal Law | Date: | Hits: 69

Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)

....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......as to-this-Court may seem fit and proper. 2. The facts of the case, in short, is that on 22.03.2004 at about 22.50 hours one Md. Akhtaruzzaman, Manager (Production), BRB Cable Industries Ltd. as informant lodged an ejahar with Kushtia Police Station alleging, inter-alia, that accused Md. Omar Far......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......007. Result: The Rule is made absolute. Cases Referred to- Ali Akhter Vs. Enayet Hossain and others, 17 BLD (AD) 44; Abdul Quader Chowdhury and others Vs. The State, 28 (DLR) (AD) 38. Lawyers Involved: Md. Zahangir Hossain, Advocate - For the Petitioner. M. Moazzem Hossain with..

Category: Criminal Law | Date: | Hits: 92

Badsha Alam Vs. State, 2006, 35 CLC (HCD)

....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......on can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form the basis of conviction………………………(39) Case Referred to- Syed A......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......vidence and it can never form the basis of conviction………………………(39) Case Referred to- Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 46 DLR (1994) 149. Lawyers Involved: H.S. Deb Brahman-For the Appellant. Golam Mohammad Chowdhury, Deputy A..

Category: Criminal Law | Date: | Hits: 76

Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)

....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......tence dated 30.9.91 passed by the learned Additional Sessions Judge, Pabna, in Sessions Case No.49 of 1990 convicting him under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of taka 10,000/- in default to suffer rigorous imprisonment for one ......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......�.Appellants Vs. The State…………………………………………………………………………..Respondent Judgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the App..

Category: Criminal Law | Date: | Hits: 80

Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)

....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......71 of the Penal Code read with section 5(2) of Act II of 1947 but convicting the appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer RI for 4(four) years and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more.......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......eal is allowed. Cases Referred to- Hamiz Ali @ Hamid Ali Vs. The State, Criminal Appeal No.195 of 1985; 1981 PCrLJ 165; 1973 CrLJ 137; Khondker Mushaq Ahmed Vs. Bangladesh, 34 DLR (AD) 222. Lawyers Involved: Khan Saiful Haque with Khalilur Rahman Rokon, Advocate ‑ For the Appellant. ..

Category: Criminal Law | Date: | Hits: 110

Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)

....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ...... March 12, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accuse......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ...... Islam @ Dablu Vs. State, 41 DLR (AD) 157; Shahjahan Vs. State, 46 DLR (HCD) 575; Bashir Kha Vs. State, 50 DLR (HCD) 199; Abdur Razzak @ Geda Vs. The State, 16 BLD (HCD) 312; AIR 1972 (S.C.) 535. Lawyers Involved: Mizanur Rahman, Advocate - For the appellants. Sheikh Rezaul Karim, Assistan..

Category: Criminal Law | Date: | Hits: 83

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......ful manner'. Use of the expression 'in any manner' clearly attracts acquiring 'dominion over property' of other person (in this case the complainant) either in lawful manner or in an unlawful manner, for instance by an act of cheating, by coercion or by any other unlawful means. Therefore, the expre...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......t of cheating, as alleged to have been done in this case, with intent to misappropriate such property or to convert such property to the use of the accuseds……………………………..(13) Lawyers Involved: Zaman Akter, Advocate - For the petitioner. Mosharaf Hossain Sarder, Deputy ..

Category: Criminal Law | Date: | Hits: 116

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