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Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V o......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ...... DLR (AD) 67; Shahidul Vs. the State, 57 DLR (HC) 222; Mir Mohammad Ali Vs. State, 46 DLR 175; Ayub Ali (Md.) Vs. Abdul Khaleque, 56 DLR 489; Sobhan Ramjan Vs. State, 45 DLR 521; 15 BLC (AD) 191; Lawyers Involved: Ahsanul Karim, Advocate - For the Petitioner. Md. Shohrowardi, Deputy ..

Category: Criminal Law | Date: | Hits: 109

Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)

..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......k Drabya Niantran Ain to search, seize, arrest, to initiate a case and to investigate into a case under this Ain and he needs no permission of the Director General of Madak Drabya Niantran Adhidaptor for investigating into a case under the Madak Drabya Niantron Ain, 1990. He is, however, required to....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......or officer under section 38 of the Madak Drabya Niantron Ain, 1990 and to send a copy thereof to the Director General of Madak Drabya Niantran Adhidaptor..................................(17) Lawyers Involved: A.B.M. Waliur Rahman Khan, Advocate - For the accused-petitioner. Md...

Category: Criminal Law | Date: | Hits: 90

Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)

....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the course ......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......��……………………………………Opposite Parties Judgment January 27, 2009. Result: The rule is discharged. Case Referred to- Nur Hossain (Md) Vs. State, 7 BLC 241. Lawyers Involved: Md. Aminul Islam - For the Petitioner. Abdul Basel Majumder - For the Oppos..

Category: Criminal Law | Date: | Hits: 107

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....Choudhury J.- As many as four Writ Petitions, registered as Writ Petitions no. 7236 of 2010, 826 of 2011, 1048 of 2011 and 1059 of 2011 respectively had been filed challenging the validity of the (i) Proclamation dated 20th August, 1975, whereby the whole of Bangladesh was placed under Martial Law, ......ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ......2010, 826 of 2011, 1048 of 2011 and 1059 of 2011 respectively had been filed challenging the validity of the (i) Proclamation dated 20th August, 1975, whereby the whole of Bangladesh was placed under Martial Law, (ii) the Martial Law Regulation No. XVI of 1976, published in the Bangladesh Gazette Ex......ssue) BLT (HCD) at page 67; Oacker Vs. Packer (1953) 2 All ER 127 at page-129 H; State Vs. Dosso (1959 11 DLR SC 1; Siddique Ahmed Vs. Bangladesh; Liquat Hossain Vs. Pakistan PLD 1999 SC 504, 652. Lawyers Involved: Rokanuddin Mahmud-For the petitioners (In Writ Petition 826 of 2011) Dr. Sha..

Category: Criminal Law | Date: | Hits: 154

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......Judgment divorced from the context of the question under consideration and to treat it to be complete law declared by Court……………………………………(18) Administration of Criminal Law and Justice Delivery System Fundamental and basic principles in the Administration of Crimina..

Category: Criminal Law | Date: | Hits: 83

Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)

....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ...... caused……………………………….(13) By 'intention' is meant the exception of the consequences in question. Intention does not imply or assume the existence of some previous design or forethought. It means an actual intention, the existing intention of the moment, and is proved by, o......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......R 1934 Nag. 138; Amirbus 36 Cr. LJ 331; Shariful Islam Vs. Billal Hossain, 45 DLR 722; Choa Lal Vs. Anant, 25 Cal 233; Inamilla, 2 Cr.LJ 790; Jashimuddin Khan Vs. Md. Ali Ashraf, 42 DLR (AD) 289. Lawyers Involved: S.M. Md. Nurul Huda Jaigirdar - For the petitioner. Nusrat Alam Chisty, Assi..

Category: Criminal Law | Date: | Hits: 66

Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)

....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......should be a commission of dacoity; (2) that in course of commission of such dacoity a murder is committed and (2) that each and every member of such dacoity numbering over 5 are constructively liable for commission of the offence………………………………..(9) Use of the word ‘murder�......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......murder as appearing in section 396 would consist of the proof of committing culpable homicide. Therefore, these two words should not be confused………………………………………..(10) Lawyers Involved: Abdul Malek with Imman Ali and AHM Mushfiqur Rahman, Advocates - For the Appell..

Category: Criminal Law | Date: | Hits: 75

Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... (2012) 91. ...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......filed against the Police report the same should be disposed of in accordance with law……………………………(13) Case Referred to- Rahela Khatun Vs. Abul Hossain, 48 DLR (AD) 213. Lawyers Involved: AHM Kamruzzaman, Advocate - For the Informant-Petitioner. Sarwar Ahmed..

Category: Criminal Law | Date: | Hits: 177

MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)

....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......bir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers I......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......……….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers Involved: Md. Badrudduza, Advocate - For the Accused-Petitioner. Md. Khurshid Al..

Category: Criminal Law | Date: | Hits: 151

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......nal case No.578 of 2010 should not be set-aside and directed to opposite parties to set the victim at liberty. 2. The prosecution story in short is that Md. Abul Hossain filed a complaint case before the learned Nari-o-Shishu Nirjatan Daman Special Adalat No.1, Dhaka, the case was registered as......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......dra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 BLC (AD) 18; Fatema Begum @ Urmila Rani Vs. Gogeswar Nath, 9 BLD 469; 35 DLR 315. Lawyers Involved: Md. Abdul Malek with Md. Oliur Rahman, Advocates - For the Petitioner. KM ..

Category: Criminal Law | Date: | Hits: 176

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......inal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused……………………………..(35) ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ...... evidence establishes it beyond doubt……………………………(51) Cases Referred to- Ataur Rahman and others Vs. State, 53 DLR (HC) 87; Nur-E-Alam and others Vs. State, 54 DLR 242. Lawyers Involved: Khondaker Mahbub Hossain with Md. Fazlur Rahman - For the Appellants. ..

Category: Criminal Law | Date: | Hits: 153

Ranjit Vs. Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others, 2007, 36 CLC (HCD)

....cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ...... retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect. 2. Facts necessary for disposal of the Rule in short are that the petitioner was appointed to the pot of "Sweepress" un......cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ......y or solely clerical nature………………………………..(6) Case Referred to- Bimal Sarder and others Vs. People's Jute Mills Limited and others, in Writ Petition No.6813 of 2001. Lawyers Involved: Md. Mamun Aleem, Advocate - For the petitioner. Sufia Ahmed, Advocate - For ..

Category: Criminal Law | Date: | Hits: 143

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......……………………..Appellants Vs. The State…………………………….....................Respondent Judgment May 2, 2012. Result: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give informati......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... and others Vs. The State 3 BLD 206; Gour Chandra Pal Vs. The State 59 DLR 17; Shahjahan Ali (Md.) alias Md. Shahjahan Vs. The State 59 DLR 396; The State Vs. Abul Kalam Azad and others 8 BLC 464. Lawyers Involved: A.K.M. Fazlul Huq Khan (Farid) with Md. Shafiquzzaman, Advocate-For the Appella..

Category: Criminal Law | Date: | Hits: 170

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......ated 21.11.82 setting aside the order dated 15.10.82 passed in Miscellaneous Case No.152 of 1967. 2. Facts leading to this Rule in short are that the petitioner as first party filed the petition before the Sub-Divisional Magistrate Bagerhat on 30.11.76 for drawing up a proceeding against the se......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......s Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at page 171. Lawyers Involved: M. A. Aziz - For the Petitioner. M. A. Sattar - For the Opposite Parties.&n..

Category: Criminal Law | Date: | Hits: 88

Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)

....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......his rule has arisen out of an order passed by the learned Additional Special Judge, Chittagong Division in Special Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Accused petitioner has been tried under section......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ...... Kazi Nurul Haque…………………………Petitioner Vs. The State…………………………Opposite-Party Judgment August 7, 1983. Result: The Rule is made absolute. Lawyers Involved: Formanullah Khan - For the Petitioner. A.P.M. Sahid, Assistant Attorney-Gene..

Category: Criminal Law | Date: | Hits: 70

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......Amin-Ur Rahman Khan J.- The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the or......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......27; A.I.R. 1938 (Madras) 129;AIR 1956 Madhya Bharat, at page 19;Saeeduddin Qureshi Vs. The State, P.L.D. 1963 (WP) Karachi, page54;Meser Ali and another Vs. The State, 26 DLR (1974) 146;36 DLR 14. Lawyers Involved: G. S. Huq - For the petitioner. AKM Mozammel Huq Bhuiyan - For the Opp..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ...... the Penal Code. Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......Vs. Government of Bangladesh and others, 27 DLR 295; Rowshan Bijaya Shawkat Ali, 18 DLR (SC) 214; Secretary of State Vs. Mask & Co., AIR 1940 (PC) 105; Humayun Kabir Vs. The State, 28 DLR 259. Lawyers Involved S. C. Das with Omar Hayet - For the petitioner. A. F. M. Hasan Arif, De..

Category: Criminal Law | Date: | Hits: 78

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......y the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convicting the accused appellant Md. Hasan Malik @ Titu under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 50,000 in default to suffer rigorous imprisonment for 2 (two......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......…………………………………………Respondent Judgment January 6, 2009. Result: The appeal is allowed. Case Referred to- Mokter Hossain Vs. State, 2008 MLR (AD) 186. Lawyers Involved: ABM Waliur Rahman Khan, Advocate — For the Appellant. Farida Yeasmin, Assi..

Category: Criminal Law | Date: | Hits: 91

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence……………………………….(17) Cause of action of a Criminal Case ......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......ela Khatun Vs. Abul Hossain, 48 DLR (AD) 213; A. Qader Chowdhury Vs. The State, 28 DLR (AD) 38; Faruk Ahamed Vs. A. Kader Chowdhury, 38 DLR (AD) 18; Bangladesh Vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: J.B.M. Hassan, Advocate, with Md. Azmol Hayet, Advocate - For the accused-petit..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......ding one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial........................................l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ...... the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial..................................(12) Lawyers Involved: Md. Shamim-ul-Alam, Advocate - For the Petitioner. None appears - For the O..

Category: Criminal Law | Date: | Hits: 81

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