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Somed Ali Vs. State, 2011, 40 CLC (AD)
....spondent Judgment December 15, 2011. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judg......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......volved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and order dated the 4th and 5th day of June, 2007 passed by the High Court Division in Death Referen......dgment December 15, 2011. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and order d..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....ase and submitted charge sheet for which the appellant has been highly prejudiced. In support of his submissions Mr. Razi refers a decision in the case of Akhter Hossain Vs. State, represented by the Deputy Commissioner reported in 51 DLR 40. In this case their Lordships held that ''Investig...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......o.1664 of 2008. Judgment Obaidul Hassan J.- This appeal has been directed at the instance of the appellant under section 10 of the Criminal Law Amendment Act, 1958, challenging the Judgment and order of conviction and sentence dated 16-11-2006 passed by the learned Special Judge (District ...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
.... Razzaq with Md. Belayet Hossain with Imran A Siddique, Advocate - For the accused-petitioners.
MA Aziz Khan, Advocate - For the Anti-Corruption Commission.
Zahirul Hoque Zahir, Deputy Attorney General - For the State.
Criminal Miscellaneous Case No.19327 of 2008 and Crimi......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......Anwarul Hoque J
Md. Mozibur Rahman Miah J
Moulana Motiur Rahman Nizami………………….Accused-petitioner
Vs.
Anti-Corruption Commission and another……………………………&...... Belayet Hossain with Imran A Siddique, Advocate - For the accused-petitioners.
MA Aziz Khan, Advocate - For the Anti-Corruption Commission.
Zahirul Hoque Zahir, Deputy Attorney General - For the State.
Criminal Miscellaneous Case No.19327 of 2008 and Criminal Miscellaneou..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....50-1-50 on 05.02.1973 on successful completion of training at the BARD and was posted at Bamna Thana under the District of Patuakhali. Thereafter, he was promoted to the next higher post of Deputy Project Director in the scale of Tk.475-35-685-EB-40-1005-45-1275 and was posted at Khulna Di...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......mmad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Rural Development Board………………….........Appellant Vs. Mohammad Shahjahan and others………………………........Respondent...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....bubey Alam, Attorney-General with MK Rahman, Additional Attorney-General with Murad Reza, Additional Attorney-General with Md. Momtaj Uddin Fakir, Additional Attorney-General with Md. Shahidul Islam, Deputy Assistant-General with Md. Salim, Deputy Attorney-General with Md. Ekramul Haque, Deputy Atto......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another……………………………&...... DLR (AD) 18. Lawyers Involved: Rafique-ul-Huq with Moudud Ahmed with AM Mahbubuddin Ahmed and Md. Taufique Hossain, Advocates - For the Petitioner. Mahbubey Alam, Attorney-General with MK Rahman, Additional Attorney-General with Murad Reza, Additional Attorney-General wit..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....leha Akter................................................Respondent Judgment December 8, 2011 Result: The leave petition is dismissed. Lawyers Involved: Rajik Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Md. ......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners Vs. Saleha Akter......................................................................................Respondent Judgment December 8, 2011 Result: The leave petition is dismissed. Lawyers Involved: Rajik Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Md. Fazlur Rahman, A..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......Biswas & another………………………Respondent Judgment December 7, 2011. Result: The appeal is allowed-in-part. Relationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has be......8) Lawyers Involved: Md. Ekramul Islam, Advocate - For the Appellant. Bivash Chandra Biswas, Advocate - For the ResponÂdent No.1. Gazi Md. Mamunur Rashid, Assistant Attorney-General - For the State. Criminal Appeal No.1450 of 2006. Judgment M Enayetur Rahim J..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
.... Referred to- 59 DLR 301; 61 DLR 505; 57 DLR 591; 59 DLR 528. Lawyers Involved: Rafiqul Islam Miah with M.A. Shahid Choudhury, Advocates - For the Appellant. Sakila Rowshan, Deputy Attorney-General - For the Respondent. Criminal Appeal No. 8016 of 2010. Judg......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully aware of Muslim marriage....... 59 DLR 301; 61 DLR 505; 57 DLR 591; 59 DLR 528. Lawyers Involved: Rafiqul Islam Miah with M.A. Shahid Choudhury, Advocates - For the Appellant. Sakila Rowshan, Deputy Attorney-General - For the Respondent. Criminal Appeal No. 8016 of 2010. Judgment AKM Fa..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
.... Party Judgment December 7, 2011. Result: The Rule is to be discharged. Lawyers Involved: Golam Kibria, Advocate - For the accused Petitioner. Zahirul Hoque Zahir, Deputy Assistant-General - For the State. Criminal Miscellaneous Case No.30891 of 2011. Ju......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ...... under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-petitione......ent December 7, 2011. Result: The Rule is to be discharged. Lawyers Involved: Golam Kibria, Advocate - For the accused Petitioner. Zahirul Hoque Zahir, Deputy Assistant-General - For the State. Criminal Miscellaneous Case No.30891 of 2011. Judgment Md. A..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......ation under section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No......ka Molla Vs. State, 22 BLD (AD) 229 = 8 BLC (AD) 176. Lawyers Involved: Md. Khurshid Alam Khan with Md. Masud-ul-Haque, Advocates - For the Petitioner. Manjur Kader, Assistant Attorney-General - For the Opposite-party. Criminal Miscellaneous Case No.2783 of 2008. Judgment ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......ment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis of confessional statement made by FIR named accused,......(12) Cases Referred to- Abdul Quadar Chowdhury Vs. State, 28 DLR (AD) 39. Lawyers Involved: Delwara Habib, Advocate—For the Petitioner. Bashir Ahmed, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No.10444 of 2009. Judgment M..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......J SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md.Mamtaz Uddin Ahmed J Md. Shamsul Huda J Secretary, Ministry of Establishment and others.........Appellants Vs. Amzad Hossain and others...........................Responden....... Amzad Hossain and others...........................Respondents Judgment November 24, 2011. Result: The appeal is disposed of. Lawyers Involved: Murad Reza, Additional Attorney-General instructed by Md. Firoz Shah, Advocate-on-Record-For the Appellants. Israfil Hossain, Adv..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....DLR (AD) 310. Lawyers Involved: Nurul Islam Sujan, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants. MK Rahman, Additional Attorney-General (with ASM Nazmul Haque, Deputy Attorney-General), instructÂed by Md. Shamsul Alam, Advocate-on-Record-For the Respondent. ......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………â...... Member, Appellate Tribunal, 31 DLR (AD) 310. Lawyers Involved: Nurul Islam Sujan, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants. MK Rahman, Additional Attorney-General (with ASM Nazmul Haque, Deputy Attorney-General), instructÂed by Md. Shamsul Alam, Advocate..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
...., 159; Abu Miah Vs. State, 7 BLC, 390; Iftekhar Hasan Chowdhury Vs. State, 47 DLR 451. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Mosharraf Hossain Sardar, Deputy Attorney-General, Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman, As......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ........Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed......Vs. State, 7 BLC, 390; Iftekhar Hasan Chowdhury Vs. State, 47 DLR 451. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Mosharraf Hossain Sardar, Deputy Attorney-General, Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman, Assistant Attorney..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
.... 126; Abdul Mutaleb Howlader Vs. State, 5 MLR (AD) 92 = 6 BLC (AD) 1; Dipok Kumar Sarkar Vs. State, 40 DLR (AD) 139; Sudhir Kumar Das Vs. State, 60 DLR 261. Lawyers Involved: M.A. Mannan Mahon, Deputy Attorney-General with Md. Mahbub-ul Alam, Assistant Attorney-General, Rahima Khatun, Assistan......led against them and they are disÂcharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......n (Md.)…………………………………Condemned-Prisoner Judgment November 21, 2011. Result: The Death Reference No.33 of 2006 is accepted. The Criminal Appeal No.2022 of 2006 and Jail Appeal No.341 of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. ......leb Howlader Vs. State, 5 MLR (AD) 92 = 6 BLC (AD) 1; Dipok Kumar Sarkar Vs. State, 40 DLR (AD) 139; Sudhir Kumar Das Vs. State, 60 DLR 261. Lawyers Involved: M.A. Mannan Mahon, Deputy Attorney-General with Md. Mahbub-ul Alam, Assistant Attorney-General, Rahima Khatun, Assistant Attorney-Gener..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....cting the appellant under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him to suffer simple imprisonment for 3(three) years. 2. The short fact of the case is that one Deputy Director of Anti-Corruption Commission, Comilla District Office, filed a petition of complain......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......minal Appellate Jurisdiction) Present: Obaidul Hasan J Joynal Abedin Hazari…………………………Appellant Vs. State and another……………………….Respondents ......lved: Sheikh Fazle Noor Tapash with Md. Oziullah, Advocates - For the Appellant, Md. Khurshid Alam Khan, Advocate - For the Respondent No.2 - ACC. Ms. Beadura Ansary Assistant Attorney-General with Ms. Khairun Nessa Assistant Attorney-General - For the State. Criminal Appeal No.4..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....503; Mirashuddin Vs. State, 7 BLC 343; State Vs. Monjur, 15 BLD 193; Abu Taher Chowdhury Vs. State, 42 DLR (AD) 253; Abdul Khaleque Vs. State, 49 DLR 577. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorney-General with Delwara Begum (Bela) A......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witnes...... Vs. State, 7 BLC 343; State Vs. Monjur, 15 BLD 193; Abu Taher Chowdhury Vs. State, 42 DLR (AD) 253; Abdul Khaleque Vs. State, 49 DLR 577. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorney-General with Delwara Begum (Bela) Assistant Attorne..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others............. Involved: Rafique-ul Huq, Senior Advocate with Ajmalul Hossain OC, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellants. Mahbubey Alain, Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No.1. Md. Zohirul..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
........Respondents Judgment October 26, 2011. Result: The Rule is made absolute. Lawyer’s Involved: Manzill Murshid, Advocate-For the Petitioner ABM Altaf Hossain, Deputy Attorney General-For the Respondents. Writ Petition No. 9988 of 2010. Judgement ......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ...... is also Reported in: ...... Judgment October 26, 2011. Result: The Rule is made absolute. Lawyer’s Involved: Manzill Murshid, Advocate-For the Petitioner ABM Altaf Hossain, Deputy Attorney General-For the Respondents. Writ Petition No. 9988 of 2010. Judgement AHM Shamsudd..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....LD (AD) 180=43 DLR (AD) 95; Nurul Islam Vs. State, 8 BLD 106; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Ayesha Flora, Advocate—For the State defence Lawyer. MA Mannan Khan, Deputy Attorney-General with Mahbubul Alam, Assistant Attorney-General with Delwara Begum (Bela) Ass......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off......LR (AD) 95; Nurul Islam Vs. State, 8 BLD 106; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Ayesha Flora, Advocate—For the State defence Lawyer. MA Mannan Khan, Deputy Attorney-General with Mahbubul Alam, Assistant Attorney-General with Delwara Begum (Bela) Assistant Attorney-..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
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