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Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....745 of 2004 discharging the rule, the accused-peti­tioners filed criminal petitions for leave to Appeal No.237 of 2006 and 238 of 2006 before the honorable Appellate Division of the Supreme Court of Bangladesh. Both these petitions for leave to appeal, being directed against the same judgment and o......0) 371. ......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..

Category: Criminal Law | Date: | Hits: 54

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

....cord. 71. Now as to the sentence in a case under section 302/34 of the Penal Code, law has been amended in India as per act 2 of 1974 and normal sentence for murder is no longer death in India. In Bangladesh there has been no amendment as yet. As per the deci­sion in the case of Nawsher Ali Vs. ...... (HCD) (2010) 47. ......Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..

Category: Criminal Law | Date: | Hits: 106

Ejlash Mia Vs. State, 2010, 39 CLC (HCD)

....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228.  ......HCD) (2010) 228.  ......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228.  ......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228.  ..

Category: Criminal Law | Date: | Hits: 90

Jewel Vs. State, 2005, 34 CLC (HCD)

..... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......rted in: 15 BLT (HCD) (2007) 310. ......ix) years. 2. The prosecution case as projected in the First Information Report and unfurled during trial is that on 11.5.1988 at 08.00 A.M. P.W.1 S.I. Monir Uddin with S.I. Ferdous Ahmed and S.I. Abdul Hannan (P.W.6), Constable Harunur Rashid, Constable Abdul Baten (P.W.5) went on emergency patr....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ..

Category: Criminal Law | Date: | Hits: 85

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ....... ......uhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..

Category: Criminal Law | Date: | Hits: 99

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

....titioner having not surren­dered to the process of the Court could not file any application or put his grievance before a Court of law, far less before the Appellate Division of the Supreme Court of Bangladesh. Thus, in the absence of any surrender before the process of law, the Court of law is inc...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Md. Nurussafa…………………………Petitioner Vs. State and another……………………Opposite-Parties Judgment January 4, 2012. ......……………Opposite-Parties Judgment January 4, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Mahmud Hossain, 61 DLR (AD) 17; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242; Moulana Md. Yusuf Vs. State, 18 BLD (AD) 227 = 3 BLC (A......………Opposite-Parties Judgment January 4, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Mahmud Hossain, 61 DLR (AD) 17; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242; Moulana Md. Yusuf Vs. State, 18 BLD (AD) 227 = 3 BLC (AD) 171..

Category: Criminal Law | Date: | Hits: 99

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

....9 on 24-11-2009 against the accused Md. Nazrul Islam, Director & Chairman and 11 other Directors, Kazi Masihur Rahman, Managing Director, and Md. Golam Mahbub, Registrar of Joint Stock Companies, Bangladesh Chairman, Securities and Exchange Commission, and Bangladesh Bank, "Seeking declaration a......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul Hoque J Golam Mahbub (Md.)……………………………. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011.......rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..

Category: Criminal Law | Date: | Hits: 100

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment Decem......ary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..

Category: Criminal Law | Date: | Hits: 99

Sohel Monir Vs. State, 1996, 25 CLC (HCD)

....osecution case, in brief, is that, one Azizur Rahman Talukder, Inspector of Customs was on duty in transit lounge area, Zia International Airport on 10‑9‑91 at about 1‑30 hours and at that time Bangladesh Biman flight No.BG 081 arrived from Singapore and landed at the Airport. Passengers came ...... Court Division (Criminal Appellate Jurisdiction) Present: Mahfuzur Rahman J Md. Tafazzul Islam J Sohel Monir, son of M A Monir of Dhaka………………………………Appellant Vs. State………………………………Opposite Party Judgment December 1, 1996. R......h packet had 8 gold bars of 10 tolas each. Total 160 gold bars weighing total 1600 tolas in all were found and seized. No cross‑examination on behalf of the accused appellant was made. 12. P.W.4 Abdul Mannan, Inspector, Flight Surveillance Team, Customs House, Dhaka stated that on 10‑9‑91 h......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..

Category: Criminal Law | Date: | Hits: 100

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....4‑90 at about 11‑00 A.M. Md. Altaf Hossain the Cashier of Md. Ali Hospital Bogra (District Hospital) along with cash peon Saferuddin and stretcher bearer Abdur Rashid of the same hospital went to Bangladesh Bank, Bogra Branch for encashment of the pay and other bills of the staff. At about 12‑......7) 381. ...... of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..

Category: Criminal Law | Date: | Hits: 131

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....essions Case was stayed. 2. Facts necessary for the purpose of disposal of this Rule are as follows: AFM Mahitul Islam receptionist‑cum‑residence PA of the then President of the Republic of Bangladesh Bangabandhu Sheikh Mujibur Rahman, on 2‑10‑96 filed a written First Information Repor....... ...... absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..

Category: Criminal Law | Date: | Hits: 107

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anoth­er, 2009, 38 CLC (HCD)

....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......eme Court High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Nazrul Islam Mollah alias Nazrul Islam Mollah…………………Accused-Petitioner Vs. The State and anoth­er……………………Opposite Parties Judgment August 3, 2009......- after 1 years. The informant agreed with the proposal and, accordingly, gave him an amount of Tk. 20,00,000/- on 10.8.2004 in presence of the witnesses Shah Jamal Shaha (a Valiant Freedom Fighter), Abdul Hamid and M. M. Sarker. Thereafter, on 20.04.2006, the informant requested the accused-petitio......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..

Category: Criminal Law | Date: | Hits: 108

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......8) 565. ......ndal was ten­dered by the prosecution and in the cross examination, he admitted that he is cousin of the informant. 18. P.W.4, Gour pada Tarapder constable No.168, along with constable no.353 Md. Abdul Bari carried the dead body of the victim on 08.04.1994 from the Danut police station to morgue......e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..

Category: Criminal Law | Date: | Hits: 108

Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....s appeal. Ms. Shovana Banu, Learned Advocate appeared on behalf of the National Legal Aid Organization furnishing a Memo issued by the Ministry of law Justice and Parliamentary Affairs. Government of Bangladesh, being No.২৬ জাআসপ্রস(পকা)/২০০৪ dated 04.7.2004 and has......(HCD) (2007) 191. ......eputy General Manager of the Fuad Spinning Mill in which the accused Jahangir was in employment. P.W.5 Abdur Rahim has been tendered, P.W.6 Most. Jesmin Akter is the wife of the victim (P.W.2), P.W.7 Abdul Malek, is the victim's brother-in-law who made a complaint to the P.W.4 prior to the occurrenc......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..

Category: Criminal Law | Date: | Hits: 103

Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)

....nst the accused persons under section 25B of the Special Powers Act, 1974. They pleaded not guilty. Then the prosecution examined 4 witnesses. The case of the accused persons is that, the sarees were Bangladeshi sarees and they were Feriwala by profession. After considering the evidence on record th......LR (HCD) (1997) 528. ......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ..

Category: Criminal Law | Date: | Hits: 79

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....standing. Against SR 5, 98,700/= accused made a payment of SR 2, 00,000/= on 12.12.2000 and also paid SR 2,00,000 on 17.01.2001. Thus SR 1, 98,700/= was remained out­standing which was equivalent to Bangladeshi (Tk.15.50XSR 1,98,700) = Tk. 30,79,850/= only. Thereafter the accused paid further amoun......te Abdul Aziz Bhuiyan Managing Partner, Binimoy International RL-351, Holding No.40/3, Inner Circular Road (VIP Road), Police Station Naya Paltan, District-Dhaka.................Accused-Petitioner Vs. The State.......................Opposite party Judgment May 26, 2011. Result: Th......nd neces­sary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and neces­sary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..

Category: Criminal Law | Date: | Hits: 104

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....de of Criminal Procedure, only three witnesses named this petitioner and they are Major Gen. Shafiullah, the then Chief of Staff of the Army, Major Gen. M Khalilur Rahman the then Director General of Bangladesh Rifles and Air Vice Marshal AK Khandker, the then Air Chief of that period. But what thes...... Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State……………………………….Opposite Party Judgment March 23, 1997. Re......ment March 23, 1997. Result: The Rule is made absolute. Cases Referred to- Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader & ors Vs. the State, 37 DLR (AD) 139; Abdul Hakim and others Vs. State, 1987 BCR (AD) 143. Lawyers Involved: Mahbubur Rahman with Fa......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..

Category: Criminal Law | Date: | Hits: 82

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

...................Opposite Party Judgment July 7, 2011. Result: The Rule is discharged. Cases Referred to-  Abdur Rahim Vs. State 48 DLR (AD) 167; Tareque Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rahman Vs. The St......igh Court Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Sheikh Md. Zakir Hossain J Md. Koisaruzzaman............................Petitioner Vs. The State..........................................Opposite Party Judgment July 7, 201......or realization of the money allegedly defalcated, the petitioner moved this Court filing an application under section 561A of the Code of Criminal Procedure and obtained this Rule. 5. Mr. A.S. Md. Abdul Mobin the learned Advocate appearing on behalf of the petitioner supports the Rule. He sub­mi......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..

Category: Criminal Law | Date: | Hits: 85

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......t Division (Dhaka) (Criminal Civil Appellate Jurisdiction) Present: Syed Muhammad Dastagir Husain J Bhabani Prashad Shingha J The State...............................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January ......ed the wife of the informant that a mishap took place in the house of the husband of Anika Shikder Lucky. On the basis of that information Shammi, the cousin of Anika Shikder Lucky and maternal uncle Abdul Gaffer went to the husband's house of Anika and saw through the southern window that Anika was......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ..

Category: Criminal Law | Date: | Hits: 97

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......Division (Criminal Miscellaneous Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Ataur Rahman Khan J Baquer Siddiqui (Md.)Jounpuri and another……………………Petitioners Vs. State and another……………………Opposite Parties Judgment February 24, 2008. ......med, 51 DLR (AD) 14 Lawyers Involved: M Hafizullah with Md. Al-Amin Sarker and Md. Ohiullah, Advocates - For the Petitioners.  Sarker Tahmeena Begum, Assistant Attorney General with Md. Abdul Khaleque, Assistant Attorney General - For the State.  Criminal Miscellaneous Case No.......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 70