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Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)

....e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......4 DLR (HCD) (1992) 554.......e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554...

Category: Criminal Law | Date: | Hits: 125

Ator Ali and others Vs. State, 1989, 18 CLC (HCD)

....iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......92) 478. ......Bhuiyan, Advocate ‑For the Appellants. MR Khan, Advocate ‑ For the State. Criminal Appeal No.280 of 1985. Judgment AM Mahmudur Rahman J.- Appellants Ator Ali, Mushuri, Siddik, Jilani, Abdul Ali, Piar Mia and Mukkya have been convicted under sections 302/34 of the Penal Code read with......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..

Category: Criminal Law | Date: | Hits: 145

Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)

....ing upon the Deputy Commissioner, Dhaka to show cause as to why the detenue should not be brought up before the Court to be dealt with according to law. The Rule is being opposed by the Government of Bangladesh. 2. Mr. Muhammad Korban Ali, learned Advocate appearing for the petitioner has taken u......Court Division (Dhaka Bench) (Criminal Miscellaneous Jurisdiction) Present: Md. Altaf Hossain J Abdul Bari Sarker J Mrs. Nafiza Mariam ................................Petitioner Vs. The State.............................................Respondent Judgment March 25, 198...... Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ..

Category: Criminal Law | Date: | Hits: 116

Babu Khan Vs. State, 2003, 32 CLC (HCD)

....dgment June 30, 2003. Result: The petition is dispose of. Cases Referred to- State Vs. Imdad Ali Bepary, 36 DLR 333; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 50 DLR 10. Lawyers Involved: ......ision (Criminal Appellate Jurisdiction) Present: Amirul Kabir Chowdhury J AFM Ali Asgar J Babu Khan...............................................................Convict Appellant Vs. State.......................................................................Opposite Party ......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...

Category: Criminal Law | Date: | Hits: 123

Mohammad Selim Vs. State, 2012, 41 CLC (AD)

.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......dra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Selim………………………..Petitioner Vs. The State................................Respondent Judgment November 12, 201...... commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 98

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......vil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. R...... is dismissed. Ed. This Case is also Reported in:...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 90

State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)

....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J The State..........................................Petitioner Vs. Md. Kamal Uddin alias Pichchi Kamal.....Respondent Judgment October 14, 2012. ......missed. Ed. This Case is also Reported in: ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 119

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

..../s. Shahbaz International, Topkhana Road, Dhaka and proposed to do joint business in N.O.C. Visa with him. Complainant in good faith bel­ieved the statement of the accused and said that returning to Bangladesh in consultation with his relations he would take a decision to do the business of N.O.C.-...... (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Abdul Jalil J Musa Bin Shamsher..................................Petitioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 1......also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..

Category: Criminal Law | Date: | Hits: 362

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....ral ‑ For the State. Civil Order No. 7550 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This is an application under Article 108 of the Constitution of the People's Republic of Bangladesh read with section 2 of the Contempt of Court Act, 1926. 2. It is stated in the appl...... Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

.... State ……………..Opposite Party Judgment July 23, 1992. Result: The Rule is made absolute. Cases Referred To- Syeda Rezia Begum Vs. The People's Republic of Bangladesh, 40 DLR 210; Kalipada Hazra Vs. State 30 DLR 103; Abdul Latif Mirza Vs. Government of Ban......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Habibur Rahman Khan J Md. Abdul Mannan J Serajul Alam Khan……………...Petitioner Vs. State ……………..Opposite Party Judgment July 23, 1992. Result: ......Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...

Category: Criminal Law | Date: | Hits: 156

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......ed in: 44 DLR (HCD) (1992) 594. ...... Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..

Category: Criminal Law | Date: | Hits: 110

State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)

....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......R (HCD) (1996) 103. ......sly accused dealt another blow on Moushin and then advanced towards her. The informant took shelter in the nearby room. Thereafter, the accused dealt blows on Imran. Thereafter, she found the accused Abdul striking further at her mother and brother Imran and they raised alarm and also asked for help......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..

Category: Criminal Law | Date: | Hits: 125

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....sh PS Case No.23(2)95 shall not be set aside. 2. Short facts of this case are, that this is an application under sections 439/435 of the Code of Criminal Procedure riled by the former President of Bangladesh. Mr. Hussain Mohammad Ershad, challenging the order dated 16.8.95 passed by the Sessions ......ision (Criminal Revisional Jurisdiction) Present: Md. Mozammel Hoque J Mahfuzur Rahman J Hussain Mohammad Ershad [former President Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is ......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..

Category: Criminal Law | Date: | Hits: 121

KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)

....ng of the case was further adjourned. Thereafter on 2.1.89 petitioners moved this Court and obtained this Rule challenging the said order of revival. 4. Director General of Shipping, Government of Bangladesh by his Memo No.8(19)‑1, S/555(3) dated 28.11.88 appointed Mr. Redoanul Bari, Advocate a......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haque J KM Mahmudur Rahman and others....................Petitioner Vs. State..................Opposite Party Judgment November 14, 1995. Result: The Ru......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ..

Category: Criminal Law | Date: | Hits: 88

Abdur Gafur Vs. State, 1995, 24 CLC (HCD)

....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90....... (HCD) (1996) 90....... Judgment October 31, 1995. Result: Both the Rules are discharged and the orders of stay vacated. Case Referred to- Mohammed Ali Vs. State, 35 DLR (AD) 324. Lawyers Involved: Abdul Baset, Mojumder Advocate ‑ For the Petitioners. Abdus Salam Mamun, Assistant Attorney-Gen......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90...

Category: Criminal Law | Date: | Hits: 112

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....and others Vs. Union of India, 1977 (SC) 1361; SP Gupta Vs. Tarkunde, 1982 (SC) 149; Deypack Systems Pvt. Ltd. Vs. Union of India, 1988 (SC) 782; Pooran Mal Vs. Director of Inspection, 1974 (SC) 348; Bangladesh Jatiya Matsha Jibi Samabaya Samity Ltd. Vs. The Chairman Labour Court, 33 DLR (AD) 187; U......orted in: 48 DLR (HCD) (1996) 108.......ndia, 1972 (SC) 1977 (SC) 1361; Deypack System Pvt. Ltd. Vs. Union of India, 1988 (SC) 782; SP Gupta and others Vs. President of India, 1982 (SC) 149; Kuruma Vs. Queen, Law Report (1955) AC 197 (PC); Abdul Quder Chowdhury and others Vs. State, 28 DLR (AD) 38. Lawyers Involved: Rafiq-ul-Hoque w......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...

Category: Criminal Law | Date: | Hits: 111

Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)

....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......rt High Court Division (Criminal Revisional Jurisdiction) Present: Md. Mozammel Hoque J Mahfuzur Rahman J Ajit Kumar Sarkar and others…………Petitioners Vs. Radhakanta Sarkar and others .....................Opposite Parties. Judgment J......s Vs. Radhakanta Sarkar and others .....................Opposite Parties. Judgment July 29, 1992. Result: The Rule is made absolute. Cases Referred to- Abdul Hai Khan & others Vs. State, BLD 1988 (AD) 195; Nur Mohammad Vs. Kalimuddin Ahmed, BCR 198......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...

Category: Criminal Law | Date: | Hits: 142

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....n 6 which is as follows:- "6. Besides the Supreme Court and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in Bangladesh, namely:- I.- Courts of Session; II.- Metropolitan Magistrates; III.- Magistra...... Present: Mustafa Kamal J Mo­hammad Abdur Rouf J Mohammad Shohrab Ali J Syed Fazle Ahmed J Mahmudul Amin Choudhury J Nurul Huda……………………………….Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March......ases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia Be­gum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum & another, 37 DLR 204; 35 DLR 362; Monir Hussain &am......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..

Category: Criminal Law | Date: | Hits: 158

Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)

.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ...... High Court Division (Barisal Bench) (Criminal Revisional Jurisdiction) Present: Md. Abdul Mil J Quazi Shafiuddin J Khalilur Rahman....................................Petitioner Vs. State…………………………..............Opposite Party Judgment March 7, 1988.......aw, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..

Category: Criminal Law | Date: | Hits: 120

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ...... Court Division (Sylhet Bench) (Criminal Appellate Jurisdiction) Present: Syed Misbahuddin Hossain J Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The orde......e head of Sona Mia and he fell down on the ground. Thereafter Khurshed dealt a Shola blow on the back of Sona Mia and Su­jan gave a Sulfi blow on the head of Sona Mia. 21. P.W.6 Siddiq Mia, P.W.7 Abdul Aziz and P.W.9 Abdul Khaleque have made similar statements that they saw Sawai giving lathi bl......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..

Category: Criminal Law | Date: | Hits: 128