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Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)

....e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......arties (In both the Rules).  Criminal Revision Nos. 97 and 202 of 1980. Judgment ATM Afzal J.- These two rules, at the instance of the accused-petitioners, arise cut of two applications for quashing the criminal proceedings pending against them in the Court of Magistrate at Sylhet Crim......e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......bsolute. Cases Referred to- Bhuban Mohen Das Vs. Surendrd Mohan Das, 55 C.W.N. 541; Abdul Gafur Vs. Dr. D. Ahmed and the State Vs. Syed Imtiaz-uddin Hussain, 3 DLR 449; 17 DLR (Dacca), 382. Lawyers Involved: M. Jamiruddin Sircar - For the petitioners (In Criminal Revision No. 97 of 1980..

Category: Criminal Law | Date: | Hits: 87

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......isal allowing withdrawal of a case pending against the accu­sed opposite party No.2 under section 302 of the Penal Code read with Special Powers Act, 1974. 2. We have heard the learned Counsels for the petitioner, the accused opposite party No.2 the learned Deputy Attorney General and peruse......tive of the na­ture of offence, be withdrawn, and (b) All cases against the Freedom Fighters dropped or withdrawn prior to 7th Novem­ber, 1975 but subsequently revived under the provisions of Martial Law Regula­tion No.7B and still pending be alto withdrawn.” 6. The circular quoted a......J Abdul Mannan Talukder…………………………Petitioner Vs. State……………………Respondent Judgment November 21, 1982. Result: The Rule is made absolute. Lawyers Involved: Shah Md. Sharif with Md. Nizamul Huq - For the Petitioner. Abdus Sobhan - Fo..

Category: Criminal Law | Date: | Hits: 145

Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)

....nd forth­with. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......n No.282 of 1979. Judgment Abdur Rahman Chowdhury J.-This rule arises out of a criminal proceeding against the accused petitioner and others under sec­tion 295A of the Penal Code with a prayer for quashing of the proceeding under section 561A of the Code of Criminal Procedure. We have hear......nd forth­with. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ...... Advocate, Khulna Bar……………………Petitioner Vs. The State…………………………Respondent Judgment November 24, 1982. Result: The rule is made absolute. Lawyers Involved: M.A. Aziz - For the Petitioner.  Moazzem Hossain, Deputy Attorney-Gener..

Category: Criminal Law | Date: | Hits: 115

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......er dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 convicting the appellant under section 302 of the Penal Code and sentencing her to suffer imprisonment, for life and also to pay a fine of Tk. 2,000.00 in default to suffer rigorous imprisonment for one y......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......……Respondent Judgment December 14, 2005. Result: The appeal is allowed. Cases Referred to- Munsurul Hossain Vs. The State, 1 BLC 421; The State Vs. Basirullah, 16 DLR 189. Lawyers Involved: M. Enayetur Rahim with Jahangir Alam, Advocates - For the Appellant. Parvin ..

Category: Criminal Law | Date: | Hits: 142

Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)

....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ...... Ahmed J Abdus Samad @ Md. Abdus Samad.............................Petitioner Vs. The State..........................Respondent Judgment November 27, 2011. Result: This petition for leave to appeal is dismissed. Case Referred to- Md. Abdul Majid Barker Vs. The State 40 DL......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ...................Respondent Judgment November 27, 2011. Result: This petition for leave to appeal is dismissed. Case Referred to- Md. Abdul Majid Barker Vs. The State 40 DLR (AD) 83. Lawyers Involved: T.H. Khan, Senior Advocate, Instructed by Md. Abu Siddique, Advocate-on-Record-..

Category: Criminal Law | Date: | Hits: 116

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......e Pachail, P.S. Nandigram, Dist. Bogra at present 308 (1) M H Hall, Jahanginagar University, Savar, Dhaka now detained in Dhaka Central Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought before this Court in order to satisfy itself that he is not be......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......erred to- Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1; Jahanara Begum Vs. State, 46 DLR 107; Hasina Karim Vs. Bangladesh, 44 DLR 366; Yeasmin Akhter, 15 BLD 655; IskandarLashker, 47 DLR 12. Lawyers Involved: Moudud Ahmed with S. M. Emdadul Hoque, Advocates ‑ For the Petitioner. AKM..

Category: Criminal Law | Date: | Hits: 127

Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)

..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......, in the light cast from an electric bulb, she noticed 15/16 persons lurking outside their house. When, she asked who they were, she was told that they were Sarbahara Party men and that they had come for contribution. Seven or eight of them then entered the house, including the accused appellants Du....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......allowed. Cases Referred to- Wahidunnabi Vs. Abdus Sattar, 36 DLR 200, Khalilur Rahman Vs. State, 41 DLR 385; Moazammel Huq Vs. State, 43 DLR 614; State Vs. M M Rafiqul Hyder, 45 DLR (AD) 13. Lawyers Involved: A K M Zahirul Huq with Rowshan Ara Begum, Advocates ‑ For the Appellants. ..

Category: Criminal Law | Date: | Hits: 132

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or converted the same for his own use or allowed any other person to do so…………………………………….(57) ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......nder two or more enactments, then the offender shall be liable to be punished twice for the same offence under section 26 of the General clauses Act…………………………………….(69) Lawyers Involved: Anisul Hoque with Abdul Mazid Mullah and Sk. Baharul Islam - For the Appellants..

Category: Criminal Law | Date: | Hits: 109

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ded each other and committed an accident as a result of which two passengers died on the spot and many others were injured. Hearing about such accident, SI Amiruddin with constable Abdur Rouf started for the place of occurrence and they saw two dead bodies and also found two buses in broken conditio......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......dgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 BLD 11. Lawyers Involved: A.K.M. Shamsul Karim - For the petitioners. Shamim Ara Dora Assistant Attorn..

Category: Criminal Law | Date: | Hits: 119

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......ith Jail Appeal No.1251 of 1992. Judgment Qazi Shafiuddin J.- This reference under section 314 CrPC being Death Reference No.19 of 1992 has been submitted by the learned Sessions Judge, Barisal for confirmation of the death sentence passed in Sessions Case No.5 of 1992 against accused Abul How......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......ul Howlader…………………………Respondents Judgment June 11, 1995. Result: The reference is rejected. The jail appeal is dismissed. Case Referred to- AIR 1977 SC 45. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney-General ‑ For the State. Not Repre..

Category: Criminal Law | Date: | Hits: 97

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ...... in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows: "Since accused Abdur Razzak did not appear before this Court and no order has been passed regar­ding him and as he is allegedly the main cul­pr......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......r Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Complaint. Opp..

Category: Criminal Law | Date: | Hits: 110

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......al No.1011 of 1992 and Jail Appeal No.1025 of 1992. Judgment Qazi Shafiuddin J.- This reference being Death Reference No.17 of 1992 has been submitted by the learned Sessions Judge, Mymensingh for confirmation of the death sentence passed upon accused Raisuddin, Samar, Anumullah, Morshed and ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......owed. Cases Referred to- Muhammad Ilyas and 5 others Vs. State, PLD 190 (SC) 443; Kashmira Singh Vs. State of Madhya Pradesh, AIR 1952 SC 159; Uma Shankar Vs. State of UP, AIR 1979 SC 1456. Lawyers Involved: TH Khan with MA Wahab Mia, Advocates ‑ For the Condemned‑Prisoners. Syed..

Category: Criminal Law | Date: | Hits: 104

Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)

....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......n order passed by the Sub-Divisional Magistrate, Bhola, taking cogniza­nce of a case under section 379 of the Penal Code against the accused petitioner and others. We have heard the learned Counsels for the petitioner and the complainant-oppo­site party and perused the petition and the annexures t......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......mp; others………………Opposite Parties Ahmed Sultan son of late Miajan Mollah………………Opposite Parties Judgment August 20, 1982. Result: The Rule is made absolute. Lawyers Involved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the..

Category: Criminal Law | Date: | Hits: 107

Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)

....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......amuddim Dhali guilty of offence punishable under section 409 of the Penal Code and sentencing him to suffer two years imprisonment and to pay fine of Taka 300.00 and in default to suffer imprisonment for another three months. 2. The prosecution case, in short, is that accused‑appellant Md. Niza......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......t July 19, 1993. Result: The appeal is allowed. Cases Referred to- 5 DLR 509; 39 DLR 14; PLD 1960 (Dhaka) 13; 41 DLR (AD) 158; 16 DLR 223; 28 DLR (AD) 35; 33 DLR 191; 39 DLR 437. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. MA Rouf, Assistant Attorne..

Category: Criminal Law | Date: | Hits: 95

Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)

....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Razzaq, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-record- For Respondent No. 1. Civil Petition for Leave to Appeal No.569 of 2011. Judgment Surendra Kumar Sinha J. - Government of Banglades......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......d others ……………......Petitioners Vs. Abdul Quader Mollah and another …………………….....Respondents Judgment March 27, 2011. Result: The petition is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advoc..

Category: Criminal Law | Date: | Hits: 95

Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)

....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......ates - For the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty of the of......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......nt Vs. State....................Respondent Judgment August 31, 1995. Result: The appeal is allowed. Cases Referred to- 5 CWN 866; Joynal Abedin Vs. State, 37 DLR (AD) 113. Lawyers Involved: Abdul Quaium Chowdhury, with Syed Abdul Advocates - For the Appellant. SA Ha..

Category: Criminal Law | Date: | Hits: 144

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......onal Sessions Judge, Comilla in Sessions case No.74 of 1992 of 29‑3‑94 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life und also to pay a fine of Taka 1,000.00 in default, to suffer RI for one year more. 2. T......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ...... is dismissed with the modification. The appeal being Criminal Appeal No.810 of 1994 filed by accused appellants Abdul Khaleque Shava Mia, Abdul Maleque, Rafiqul Islam and Shahjalal is allowed. Lawyers Involved: Sirajul Huq with ABM Golam Majid, Anisul Huq, Towfica Karim, Advocates ‑ For ..

Category: Criminal Law | Date: | Hits: 117

Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)

....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......e State. Criminal Appeal No.2425 of 1993 with Criminal Appeal No.2527 of 1993. Judgment Md. Gholam Rabbani J.- Fifteen accused including accused Badal alias Abdul Awal were placed on trial before Santrash Mulak Aparadh Daman Tribunal, Gazipur, in Santrash Daman Tribunal Case No.11 of 1993 a......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......of 1993 relating to Badal alias Abdul Awal is dismissed with the modification. Criminal Appeal No.2425 of 1993 in respect of other ten appellants is allowed. Case Referred to- 15 BLD 93. Lawyers Involved: Syed Ziaul Karim with Abdul Quader Mia, Advocates ‑ For the Appellants. Md..

Category: Criminal Law | Date: | Hits: 81

Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)

.... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......Deputy Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing sum­mons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7....... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......…………………………………Petitioner Vs. The State……………………………………Respondent Judgment June 25, 1982. Result: The Rule is made absolute. Lawyers Involved: Dewan A.M.S. Zaman - For the Petitioner. Md. Abdur Razaque Miah - For the S..

Category: Criminal Law | Date: | Hits: 92

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......he appellant Abdus Sukur Miah was placed on trial under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and ultimately was found guilty thereunder and sentenced to suffer R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arisi......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 DLR 671; The People's Republic of Bangladesh Vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92. Lawyers Involved: Khondker Mahbub Hossain with Md. Afzal Hossain and Golam Kibria, Advocates ‑ ..

Category: Criminal Law | Date: | Hits: 135