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Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ...... Sufia Khatun, Advocate-on-Record—For the Petitioner. Raflque-ul-Huq, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the i......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......cessary party but, the accused-respondent has not made it a party. The High Court Division has not properly exercised its discretion in granting the accused-respondent on anticipatory bail. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Rec..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ...... Siifla Khatun, Advocate-on-Record—For the Petitioner. Raflque-ul-Huq, Senior Advocate, instructed by Mvi Md.Wahidullah, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the i......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......ly in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretion whimsically at its suit will. Lawyers Involved: Md.Khurshid Alam Khan, Advocate, instructed by Siifla Khatun, Advocate-on-Rec..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ..................................Opposite Party Judgment February 3, 2014. Result: The Rule is discharged. When It’s Required Further Investigation The case can be sent for further investigation at any stage of the proceeding if it appears that further invest......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......r jurisdiction, have directly sought their redress to this court, revision is not maintainable ……………………………. (10) Lawyers Involved: No one appears—For the Accused Petitioners. Sakila Rowshan, DAG wi..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......ion or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks justice from the Court of law must come before the Court t...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ...... right of audience against the process of the Court issued against him.………. (7 & 8) Case Referred to- Anti-Corruption Commission Vs. Mahmud Hossain, 61 DLR 17. Lawyers Involved: Md. Sohrawardi, Deputy Attorney-General, instructed by Mvi Md Wahidullah..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......8 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act") to a case in which a person issuing a cheque stopped its payment by issuing instruction to the drawee bank before payment. 2. In Criminal Appeal No.30 of 2004, the complainant-appellant SM Redwan challeng......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......962) SCC 739; Modi Cements Ltd. (1998) 3 SCC 249 Vs. Kuchil Kumer Nandi; MMTC Ltd. Vs. Medical Chemicals and Pharma (P) Ltd. (2002) 1 SCC 234; KK Sidharthan TP Praveena Chandran (1996) 6 SCC 69. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellant. (In both the cases..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......idullah, Advocate-on-Record—For the Petitioner. Zainul Abedin, Advocate-on-Record—For Respondent Nos.2-4. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.563 of 2012. (From the judgment and order dated the 21st day of May, 201......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......lip;………………..Respondents Judgment October 3, 2013. Result: The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. Zainul ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... facts of the case have been narrated in the judgment of my learned brother Mohammad Anwarul Haque, J. and I do not propose to repeat those. However, I shall reproduce facts of the case relevant for the purpose of my opinion. 6. Accused Mostafizur Rahman and Aleya Begum were charged and tr......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......ed to- State of Punjab Vs. Jagir Sing; SCC (1974) PP 285-286 and Md. Abdul Hamid Mollah Vs. Ali Mollah, 13 BLD (AD) 127 = 44 DLR (AD) 223; Md. Iqbal Vs. State of Jharkhand, AIR 2013 SC 307. Lawyers Involved: Momtazuddin Fakir, Additional Attorney General, instructed by B. Hossain, Adv..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......l Judge convicted the appellant under section 409 of the Penal Code, 1860 read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him thereunder to suffer rigorous imprisonment for 5(five) years and to pay a fine of Taka 21, 00,000 in default, to suffer rigorous imprisonm......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ...... 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah Vs. State, 48 DLR 427; Mansur Ali Vs. State, 39 DLR 184; Muhammad Sadiq Javeed Vs. State 21 DLR (WP) 62. Lawyers Involved: Abdur Rezzaque Khan with Fida M Kamal and Md. Tauflq Sajawar, Advocates&mdash..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... Judgment July 25, 2013. Result: The Rule is discharged. A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. Therefore, a Managing Director of the company is responsible for the acts done in the name of the company...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......ress, (1994) 80 Company CAs, 750 Ma; Wahidul Islam Chairman and others Vs. The State and others, 28 (2008) BLD (HCD) 354; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) 195. Lawyers Involved: Md. Lutfor Rahman, Advocate-For the petitioner. A.F.M. Mesbahuddin, Seni..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......Judgment July 24, 2013. Result: The petitions are dismissed. It is true that in the judgment sought to be reviewed, there had been no detailed discussions as to the point raised before the High Court Division that the respective petition of complaint having been filed before expi......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......ition of complaint was filed before expiry of thirty days from the date of receipt of the notice issued under clause (b) of the proviso to section 138 was maintainable in law….........(9) Lawyers Involved: Anisul Huq, Senior Advocate instructed by Sufla Khatun, Advocate-on-Record&md..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......ourt Division in Criminal Appeal No.303 of 1987 (Dhaka) allowing the appeal in part with modification of the sentence of accused appellant Mati alias Md. Matiar Rahman to suffer rigorous imprisonment for 20 (twenty) years under the first part of section 304 of the Penal Code instead of imprisonment ......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......ez Siddique J Mati alias Md. Matiar Rahman............Appellant Vs. The State.................................Respondent Judgment July 23, 2013. Result: The appeal is allowed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Appellant. Shohrowardi, Deput..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......roof of the guilt, in this constriction, question of benefit of doubt favors the accused It is undoubtedly the duty of the prosecution in a case involving capital sentence to place before the court all available witnesses irrespective of their evidence being favourable or unfav......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......of doubt to the accused……… (19-22) Case Referred to- Shamsul Haque Vs. State, 6 BLD (AD) 216 = 38 DLR (AD) 75;Jaharlal Das Vs. State of Orissa, AIR 1991 (SC) 1388. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman,..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......al justice. The High Court Division cannot dictate its subordinate courts regulating the purported orders to be passed by it after the appearance of accused. The learned Judges have left nothing for the Tribunal of the Magistrate to decide on the question of bail. The learned Judges have practi......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......ring any such observation/remark/direction. High Court Division shall not abuse its power while considering an application for anticipatory bail and follow the guidelines given by this Division. Law declared by this Division is binding upon it and the learned Judges are oath bound to follo..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......bject of issuing notice indicating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the drawer, in any criminal action, even though the bank dis&s......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......y Vs. State, 28 DLR (AD) 38; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 and Habibur Rahman Howlader Vs. State, 53 DLR (AD) 111. Lawyers Involved: MA Samad, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Recor..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... No. 188 of 2011 arising out of GR Case No.54 of 2011 corresponding to Dhanmondi Police Station Case No.22 dated 25 -2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009, now pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or furt......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......he State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: Cumar Debul Dey with Mr. Sheikh Omar Sharif, Advocates—For the Petition..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......orary shelter there. Subsequently another co-accused (now dead) Giris Rabi Das, cousin of the deceased also came at about 4-00 PM and started gossiping with the Nainka Rabi Das. 3. However, Informant Dhiru Rabi Das, son of the deceased, went to nearby tea-stall for a cup of tea in and aroun...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ............................Accused-Petitioner Vs. State...............................................Respondent Judgment April 3, 2013. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fak..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......ase No.08 dated 15-2-2007 under section 420/406/109 of the Penal Code now pending in the Court of Additional Chief Judicial Magistrate, Faridpur should not be quashed. 2. The facts relevant for the disposal of the Rule, in short, are that on 15-2-2007 one SI Mozi-bor Rahman, Sub-Inspector,......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ...... Mollah (Ex-Member of parliament) Vs. State, 62 DLR (AD) 233; Md. Musa Vs. Kabir Ahmed, 9 BLD (AD) 118 = 41 DLR (AD) 151; Md. Islam Vs. Amal Chandra Mondal, 13 BLD (AD) 28 = 45 DLR (AD) 27. Lawyers Involved: AKM Shamsul Huq, Advocate—For the Petitioner KM zahid Sarwar DAG&..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......LD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......kshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC 578; CP No. 10 of 2001, CRP No. 32 of 2011. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, Advocate and AKM Ehsanur ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned case in respect of accused-petitioner were stayed for a period of 6(six) months which has been subsequently extended from time to time. 3. R......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......t January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD) 1. Lawyers Involved: Khizir Haider Vs. State, 13 MLR (AD) 157; Abdul Haque Vs. State, 60 DLR (AD) ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......t Judgment December 6, 2012. Result: The Jail Petition is dismissed. In general the length of period spent by a convict in the condemned cell is not necessarily a ground for commutation of the sentence of death. However, where the period spent in the condemned cell......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......wsher Ali Vs. State, 39 DLR 57; Abdul Bashir Vs. State, 56 DLR (AD) 207; Giasuddin Vs. State, 54 DLR (AD) 146; Ananta Kumar Karan Vs. State AIR 1962 Calcutta 428;State Vs. Tasiruddin 13 DLR 203. Lawyers Involved: Helaluddin Mollah, Advocate—For the Petitioner. Md. Shahrawardi, D..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6