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Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......al here. Supreme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Mrs. Rokeya Begum……………………………….Petitioner Vs. Chartered Credit Co­operative Ltd…………………………………Opposite Parties ...... supremacy over general laws. It is enacted specially for the purpose of realization of money of dishonoured cheques…………………………(25) Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. L......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..

Category: Criminal Law | Date: | Hits: 70

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ence. 15. P.W.2 Nurul Bashar Bachhu stated that on 26-8-1996 at 8-00 AM they were going to Cox's Bazar from Devdevi by a boat of their organization and in their boat there were 19 Japanese and 8-9 Bangladeshi people and at 9-30 AM when they reached at Mukbeki of Moheshkhali channel, a speed boat ......) 356. ......occurrence but if their names were not mentioned in the FIR, ulti­mately the Court will disbelieved the evidence of such witness………………………….(51 & 57) Cases Referred to- Abdul Hakim alias Henju Vs. State, 8 BLC 362; State Vs. Rafiqullah Khan, 7 BLC 480; Nizamuddin Vs. S......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..

Category: Criminal Law | Date: | Hits: 158

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......urt High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Abdul Awal J Daud Ali (Md.) and others…………………………………….Appellants Vs. State………………………………………………………………………..Respo......y other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..

Category: Criminal Law | Date: | Hits: 93

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ...... (2009) 671. ......Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Sadiul Alam……………………………….Petitioner Vs. State…………………………………Opposite Party Judgment January 11, 2012. ......ainst the accused although constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. [Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38]……………………(10) The inherent power ......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..

Category: Criminal Law | Date: | Hits: 92

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

.... a post mortem examination is required to be used as evidence, and the Civil surgeon or other medical officer who made the report is dead or is incapable of giving evidence or is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenienc......T (HCD) (2007) 364. ......IR 1925 PC 1; Nurjahan Begum Vs. The State, 42 DLR AD 130; Kundula Bala Subrahmanyam Vs. State of A.P. (1993) 2 SCC 684; Tawaib Khan and another Vs. The State, PLD 1970 SC 13. Lawyers Involved: Abdul Malek with S. M. Shahjahan and Md. Ariful Islam - For Convict-appellants. A. S. Md. Ramzan ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..

Category: Criminal Law | Date: | Hits: 98

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......007) 277. ...... who as informant laid First Information Report, P.W.5 Rabiul Hoque, Police Inspector, P.W.6 Md. Mozammel Hoque Assistant Sub-Inspector of Police, P.W.7 Md. Mostafizur Rahman, Police Constable, P.W.8 Abdul Alim Sarker, Sub-Inspector of Police who conducted part investigation of the case and P.W.9 Ma......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..

Category: Criminal Law | Date: | Hits: 125

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......n: 50 DLR (HCD) (1998) 564. ......ds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..

Category: Criminal Law | Date: | Hits: 75

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....aluaghat, District Mymensingh be released forthwith, if not wanted in any connection with any other case. 73. We hereby direct the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh, Secretariat, Dhaka to take appropriate measures in accordance with law for withdrawal of......rt High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Dastagir Husain J Zubayer Rahman Chowdhury J Mustaq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. R......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..

Category: Criminal Law | Date: | Hits: 62

Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)

....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......BLT (HCD) (2010) 9. ......for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..

Category: Criminal Law | Date: | Hits: 88

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......(2010) 256. ......ppellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..

Category: Criminal Law | Date: | Hits: 65

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

.... law declared by the Appellate Division is binding on all Courts including the High Court Division and the law declared by either Division of the Supreme Court is binding on all subordinate Courts in Bangladesh. So, the learned Additional Sessions Judge labouring under the misconception of law follo......996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..

Category: Criminal Law | Date: | Hits: 138

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....nder review and thus he prays for allowing the present appeals and acquitting the appellants. 79. In this regard we may profitably refer Article 111 of the Constitution of the People's Republic of Bangladesh in the following lines: "111. The law declared by the Appellate Division shall be bind......) (2009) 54. ......een, Ishaque, AH Hussain, AH Hussain Bhuiyan, Selim, Ruhul Amin, Zahid and Kamal killed Shah Alain Babul on taking him to 'Bawania Beel' located by western side of "Bawania Embankment". 25. P.W. 5 Abdul Malek was posted as Metropolitan Magistrate on 27-4-1997. He recorded dying declaration of Sha......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....rom the possession of con­vict Moniruzzaman and Rupee 180 from the posses­sion of convict Abbas Ali; on interrogation the con­vict appellants confessed that they were involved in smuggling between Bangladesh and India and they also disclosed that Anisur, Giasuddin and Rustom Ali were also involve...... (2012) 477. ......ist witnesses, who were declared hostile as they did not support the prosecution story i.e. the alleged recovery of Indian currency from the possession of the present convict appellants. 15. P.W.2 Abdul Kalam Azad in his cross-examination stated to the effect; “আমি থানাই যà......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rah­man J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is ma...... Court High Court Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rah­man J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..

Category: Criminal Law | Date: | Hits: 66

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......igh Court Division (Criminal Appellate Jurisdiction) Present: Md. Joynul Abedin J Mir Hashmat Ali J State.................................................................Petitioner Vs. Md. Ershad Ali Sikder and others...........................Condemned Prisoner Judgment ......ers Vs. State, 1999 BLD (AD) 155. Lawyers Involved: Md. Golam Kibria, Deputy Attorney-General with, Md. Helaluddin Mollah, Deputy Attorney-General and Md. Jalaluddin Assistant Attorney-General, Abdul Baset, Assistant Attorney-General-For the Reference. Abdul Malek, with AKM Shafiqul Alam, S......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..

Category: Criminal Law | Date: | Hits: 110

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......n: 30 BLD (HCD) (2010) 45. ......nnot sustain in law………………….(22) Cases Referred to- Mauns Po Yi Vs. Ma E Tin and another, 24 AIR 1937 Rangoon 253; Mutukdhari Singh and others Vs. Emperor, AIR (29) 1942 Patna 376; Abdul Jalil Vs. The State, 4 MLR (AD) 262. Lawyers Involved: Shihab Uddin Mahmood, Advocate - ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..

Category: Criminal Law | Date: | Hits: 91

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......Court High Court Division (Comilla Bench) (Criminal Appellate Jurisdiction) Present: Md. Ahdur Rouf J Syed Fazle Ahmed J Santosh Mia……………................Appellant Vs. The State……………....................Respondent Judgment April 26, 1989. Re......dual in the society and other necessities to prevent recurrence are right factor. Heinousness of the crime is a relevant factor in the choice of sen­tence………………26 Lawyers Involved: Abdul Mottaleb, Advocate - For the Appel­lant.  Golam Mohiuddin, Advocate - For the Respond......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..

Category: Criminal Law | Date: | Hits: 118

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

.... habeas corpus is a statutory right on the grounds recognised in the section and a part of the statutory right has become a part of the fundamental right guaranteed in Part III of the Constitution of Bangladesh after the Constitution of Bangladesh came into force in 1972. Wherever a detenu claims to......igh Court Division (Criminal Miscellaneous Jurisdiction) Present: Surendra Kumar Sinha J Sharifuddin Chaklader J Anwar Hossain (Md.) and others...........................Petitioners Vs. State and others ................................................Respondents Judgment M......€¦â€¦â€¦â€¦â€¦â€¦â€¦.(32) Cases Referred to- Gholam Jilani Vs. Government of Pakistan, 19 DLR (SC) 403; Khuda Bux Vs. Panjo, AIR 1930 (Sind) 265 (FB); Government of West Pakistan Vs. Begum Agha Abdul Karim Sherish Kashmiri, 21 DLR (SC) 1; Makhan Singh Vs. State of Punjab, AIR 1964 SC 381; Sri ......Involved: None appears-For the Petitioner (In Criminal Miscellaneous Case No.1246 of 2003). Ashok Kumar Banik, Advocate-For the Petitioner (In Criminal Miscellaneous Case No.218 of 2003). MA Wahab, Advocate-For the Petitioner (In Criminal Miscellaneous Case No.5291 of 2003). Tapan Kanti ..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Zinnat Ara J Muhibur Rahman Manik and others...............................Petitioners Vs. Bangladesh and others...............................................Respondents Judgment May 2......reme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Zinnat Ara J Muhibur Rahman Manik and others...............................Petitioners Vs. Bangladesh and others...............................................Respondents Judgment ...... (SC) 117. Lawyers Involved: M Amir‑ul Islam with Ms. Tania Amir, Dr. Shirin S Chaudhury and Shamsul Hasan, Advocates-For the Petitioners (In Writ Petition Nos.2120 of 2003, 2189 of 2003). Abdul Baset Majumder with SB Bhandari, Advocates-For the Petitioner (In Writ Petition No.1978 of 200......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..

Category: Criminal Law | Date: | Hits: 177