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

....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......o show cause as to why the proceedings of the Special Case No.20 of 2007 under Section 5(2) of the Prevention of Corruption Act, 1947 read with Sections 409/109 of the Penal Code, 1860, now pending before the 3rd Court of the Special Judge, Dhaka should not be quashed so far as it relates to the pet......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......hah Chowdhury, 51 DLR (AD) 242; Moulana Md. Yusuf Vs. State, 18 BLD (AD) 227 = 3 BLC (AD) 171; Chand Shah Vs. The Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Khalid Saigol Vs. State, 14 DLR (SC) 321. Lawyers Involved: Md. Ramzan Ali Sikder, Advocate - For the Petitioner. Md. Khurshedul A..

Category: Criminal Law | Date: | Hits: 99

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

....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. ......all further proceedings of Complaint Case No.7404 of 2008 dated 15-12-2008 under Sections 406 and 420 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka, was stayed for a period of three months and through further extensions, lastly on 7-3-2011, it was extended for......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. ......�…………………………. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate with Ashraful Hadi, Advocates - For the Peti..

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. ......minal Revision No.1025 of 2010. Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitione......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. ......963) 15 DLR (SC) 150; Feroj Khan Vs. Captain Golam Nabi, (1966) 18 DLR (SC) 289; Abdur Rashid Khandaker Vs. Chandu Master, (1964) 16 DLR (SC) 505; State Vs. Khandaker Md. Moniruzzaman, BLT (AD) 9. Lawyers Involved: Habibur Rahman with Delwar Hossain Lasker, Advocates - For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 99

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

....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. ......n 19‑4‑1993 in Special Tribunal Case No.541 of 992 convicting the accused appellant under section 25D/25B/(1)(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 6 years and to pay a fine of Taka 20,000.00 in default to suffer simple imprisonment for one yea......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. ...... December 1, 1996. Result: The appeal is allowed. Cases Referred to- Amir Hossain Howlader and ors. Vs. State, 37 DLR (AD) 139; Abdus Shukur Vs. State, 16 DLR 148; 12 DLR (SC) 156. Lawyers Involved: Yousuf Hossain Humayun with Syeda Afroza Alam, Advocates ‑ For the Appellant...

Category: Criminal Law | Date: | Hits: 100

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

....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. ......��………………………….Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kas......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. ......others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State, 42 DLR 37; Sheikh Ahmed Vs.State, 1979 BSCR (Vol. 111)417; Shahjahan Manik and Farida Akhter Rina Vs. State, 42 DLR 465. Lawyers Involved: Abdul Malek, Senior Advocate with Md. Khurshid Alam Khan, with Imman Ali, with ..

Category: Criminal Law | Date: | Hits: 131

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

....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. ......framing charge against the petitioner Mrs. Jobaida Rashid should not be set aside. By order of the same date further proceedings of the above mentioned Sessions Case was stayed. 2. Facts necessary for the purpose of disposal of this Rule are as follows: AFM Mahitul Islam receptionist‑cum‑r......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. ......olute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45 DLR 386; 17 BLD (AD) 54. Lawyers Involved: Mahbubur Rahman with Farah Mahbub, Anisur Rahman Patwari, Advocates ‑ For the..

Category: Criminal Law | Date: | Hits: 107

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... Appeal No.540 of 2001. Judgment Md. Ali Asgar Khan J.- This Death Reference under Section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Pirojpur for confirmation of the sentence of death imposed upon Seema Begum on her conviction for the offence......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......of 2001) Judgment June 26, 2004. Result: The death reference No.8 of 2001 is rejected. The Criminal Appeal Nos.343 of 2001, 424 of 2001 and Jail Appeal No.540 of 2001 are allowed. Lawyers Involved: S. M. Rezaul Karim with Mohammad Noor Hossain - For the Condemned Prisoner and ..

Category: Criminal Law | Date: | Hits: 94

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. ......ed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this Rule, briefly, be put thus:- 3. One Talukder A. Razzak, being the informant, lodged an F.I.R. against the accused-petitioner with the New Market Police Station, Dhaka w......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. ...... Akhtar and others Vs. State and another, 51 DLR (AD) (1999) 159; Habib (Md.) and another Vs. State, 52 DLR (High Court Division) (2000) 105; Lutfar Rahman and others Vs. State, 13 MLR (AD) 126. Lawyers Involved: Nakib Saiful Islam, Advocate - For the Accused-Petitioner. Khandaker D..

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. ......ight and the clearness of his own proof……………………………………(26) Burden of proving alibi Burden of proving alibi or any other plea specifically set up by an accused husband for absolving him of criminal liability lies on him. But this burden is somewhat lighter than that......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. ......assionate and balanced approach to the vital aspects of the case and the law bearing on the subject is a precondition for administering even handed justice……………………………(37) Lawyers Involved: Anowarul Islam - For the appellant. Mrs. Ummea Kulsum Begum, Deputy At..

Category: Criminal Law | Date: | Hits: 108

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

....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. ......6(8)02. corresponding to G.R. No.812/02 convicting the accused-appellant (convict-prisoner) under Section 5(Kha) of the Acid Aparadh Daman Ain, 2002 and sentencing him to suffer rigorous imprisonment for 10(ten) years and also to pay fine of Tk.10,000/- in default, to suffer simple imprisonment for ......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. ......lam………………………………Accused-Appellant Vs. The State………………………………Respondent Judgment December 13, 2004. Result: The appeal is dismissed. Lawyers Involved: Shovana Banu, Advocate, (Appointed by the National Legal Aid Organization) - Fo..

Category: Criminal Law | Date: | Hits: 103

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

....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. ......ns Judge and Special Tribunal Judge, Sherpur in Special Tribunal Case No.12 of 1992 convicting the appellant under section 25B of the Special Powers Act, 1974 and sentencing each of them to suffer RI for three years and to pay a fine of Taka 1000.00. 2. The prosecution case is that, while a Sub�......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. ......�…………Appellants Vs. State……………………………………………………………..Respondent Judgment August 5, 1997. Result: The appeal is allowed in part. Lawyers Involved: Khurshid Alam Khan, Advocate ‑ For the Appellants. No one - For the Respon..

Category: Criminal Law | Date: | Hits: 79

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

....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. ......hury with Abdel Mannan Bhuiyan with Md. Jiaur Rahman Sali, Advocates-For the petitioner. Md. Mamunor Rashid, Assistant Attorney General-For the state. Moinuddin, Advocate-For the Informant. Criminal Miscellaneous Case No. 24031 of 2010. Judgment A......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. ...... 44; Abdul Quader Chowdhury and others Vs. The State, 28 DLR (AD) 38; 10 BCR (AD) (1990) 287; 10 BLD (AD); 56 DLR (2004) 169; 53 DLR (2001) 283; 15 MLR (HCD) 218; 12 MLR (HC) 389; 15 MLR (AD) 404. Lawyers Involved: Subrata Chowdhury with Abdel Mannan Bhuiyan with Md. Jiaur Rahman Sali, Advocat..

Category: Criminal Law | Date: | Hits: 104

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

....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. .......- This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause why pending disposal of GR Case No.2923 of 1996 arising out of Dhanmondi P.S. Case No.10(10)96 which is now pending before the learned Sessions Judge, Dhaka as Sessions Case No.319 of 1997 accused‑petitioner Mrs. Job......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. ......bsolute. 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 Farah Mahbub, Advocates ‑ For the Petitioner. K.S. Na..

Category: Criminal Law | Date: | Hits: 82

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

....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. ......twali Police Station Case No.39 dated 17.12.2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank Tultik......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. ......bsp; 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 State, 44 DLR 342. Lawyers Involved: ASM Ahdul Mubin, Advocate-For the petitioner. Md. Khurshid Alam..

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. ...... the State Defence. Death Reference No.159 of 2005. Judgment Bhabani Prasad Singha J.- This Death Reference has been made by the learned Judge, Druta Bichar Tribunal No.3, Dhaka for confirmation of the death sentence imposed upon the condemned-accused Golam Sarwar Hossain Moi......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. ...... affirmed. Cases Referred to- Siddique Munshi Vs. State, 44 DLR (AD) 169; Gouranga Kumar Saha Vs. State, 2 BLC (AD) 126; Ilias Hossain Vs. State, 54 DLR (AD) 78; 12 MLR (AD) 101; 45 DLR 705. Lawyers Involved: Zahirul Haque Zahir, Deputy Attorney General with Md. Jashimuddin, Assist..

Category: Criminal Law | Date: | Hits: 97

Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)

....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......nt and order dated 25-06-2007 passed by Special Tribunal No.5, Kushtia convicting the petitioner under section 25B of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 6 years and to pay fine of taka 1,000/- in default of payment of fine to suffer 3 months more in......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......rty Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to- Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petitioner Dr. M. Bashirullah,..

Category: Criminal Law | Date: | Hits: 104

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ...... against the four accused persons on 31.08.1979 under section 147, 427 and 352 and 379 of the Penal Code. On 29.09.1979 the accused persons filed a petition stating that in order to harass them the informant party has falsely started a series of civil and criminal and revenue case against them The......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......ies Judgment October 6, 1983. Result: The Rule is discharged. Cases Reffered to- The State Vs. Abul Quasem, 27 DLR 342; Wazir Vs. The State, PLD 1962 W.P 405; 14 DLB (Lahore) 21. Lawyers Involved: Khan Saifur Rahman with A.K.M Aminul Islam with Mostafa Neaz Mohanimed—For th..

Category: Criminal Law | Date: | Hits: 93

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....tion 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:49 DLR (HCD) (1997) 245. ......eal No. 1064 of 1992 with Jail Appeal No. 823 of 1993. Judgment Qazi Shariuddin J.- This reference being Death Reference No.14/92 submitted by the learned Additional Sessions Judge, Narayangonj for confirmation of the death sentence passed by him on accused Mesbahuddin, the jail appeal preferr......tion 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:49 DLR (HCD) (1997) 245. ......……………………………….Respondent Judgment January 31, 1996. Result: The reference is rejected. The Criminal Appeal No.1064/92 and Jail Appeal No.823/93 are allowed. Lawyers Involved: Abdul Malek with Imman Ali and AHM Musifiqur Rahman, Advocates ‑ For the Appe..

Category: Criminal Law | Date: | Hits: 87

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ...... Feni in Special Tribunal Case No.129 of 2003 arising out of Feni police station Case No.32 dated 17.11.2002 corresponding to G.R. Case No.549 of 2002. 2. The prosecution case, in short, is that informant Md. Nuruzzaman lodged FIR on 17.11.2002 being Feni Police Station Case No.32 dated 17.11.200......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......e absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317; Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (SC) 764; R.P. Kapur Vs. State of Punjab, AIR 1960 (SC) 866; M.S. Khawaja Vs. State, 17 ..

Category: Criminal Law | Date: | Hits: 115

Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)

....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......Judge, Patuakhali, affirming the order of the Sub-Divisional Magistrate allowing withdrawal of a criminal case under section 494 of the Code of Criminal Procedure. We have heard the learned Counsel for the complainant petitioner and the learned Deputy Attorney General, perused the petition and the......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......ick………………………Appellant Vs. The State and another…………………….Respondent Judgment August 25, 1982. Result: The Rule is made absolute with direction. Lawyers Involved: SK. Atiar Rahman - For the Petitioners. Moazzem Hossain, Deputy Attorney Ge..

Category: Criminal Law | Date: | Hits: 94

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