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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:......: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed b...... 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:...... Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. Result: The petition is dismissed. LawyersInvolved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab H..Category: Criminal Law | Date: | Hits: 90
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....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....... Contempt of Court Act, 1926. 2. It is stated in the application that certain contemptuous statements have been made against Mahmudul Amin Chowdhury, a Judge of this Court, in respect of his performance as Commissioner of Chittagong University Enquiry Commission appointed under the Commissions......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....... Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM Hassan & others, AIR 1954 (Nag) 71. Lawyers Involved: Abdur Razzak, Advocate ‑ For the Petitioner. Salehuzzaman, Deputy At..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....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.......he detenu is a law abiding citizen of Bangladesh. He has a heroic role in organizing freedom struggle and was one of the five young leaders who played leading role in organizing the youths who fought for the liberation of the country. The detenu is recent years developed contacts with various Un......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.......210; Kalipada Hazra Vs. State 30 DLR 103; Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain,..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. ......l Saha, Advocate - For the Appellant. No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir A...... 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. ...... AM Mahmudur Rahman J Abdul Aziz ............Appellant Vs. The State........... Respondent Judgment February 25, 1990. Result: The appeal is dismissed. Lawyers Involved: Gour Gopal Saha, Advocate - For the Appellant. No One ‑ For the Resp..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. ...... J.- This reference being Death Reference No.40 of 1991 has been submitted under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Manikganj in Sessions Case No.42 of 1990 for confirmation of the death sentence passed upon the accused Abul Kalam Azad. The accused has been......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. ......ssir Husain J State...................Petitioner Vs. Abul Kalam Azad........................Opposite Party Judgment May 31, 1995. Result: The Death Reference is rejected. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney General ‑ For the State. Syed Zi..Category: Criminal Law | Date: | Hits: 125
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....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. ......o 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. ......ad Ershad [former President Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑..Category: Criminal Law | Date: | Hits: 121
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.......ioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two different complainants before the Senior Special Judge, Manikgonj alleging offences under sections 406/409/420/109 of the Pen......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..............opposite Party 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, A..Category: Criminal Law | Date: | Hits: 112
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
.... "There may be further developments or apprehension of developments which the Government may; are to take note of and finally when the Council of Ministers decides and advise the President to issue a Proclamation under Article 356 the Court will be debarred from enquiry into the advice that was ment......istant Attorney-General ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka ar......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....... State of Rajesthan Vs. Union India, 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. Lawyer..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....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. ......e brought in section 29C of the Code of Criminal Procedure and the introduction of section 31(4) of the Code of Criminal Procedure or whether he shall be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer......sub-section (2). 103. Thus, evidently since 23rd of July, 1958 till 21st of August, 1982, when the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 was promulgated by the then Chief Martial Law Administrator, the Assistant Sessions Judges were empowered to hear and dispose of c......, AIR 1973 (SC) 1016; 1984 BLD 250; Mullins Vs. Treasurer of Surrey, (188) 5 QBD 170; West Derby Union Vs. Metropolitan Life Assurance Society, (1987) AC 647; R.V. Dibdin, (1910) (Prob. Dn.) 57. Lawyers Involved: Md. Ruhul Amin-II - For the Petitioner. Md. Ruhul Amin - For the Opposite P..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. ......7.11.76 with the Nalchity Police Station against the present petitioner and others alleging that on 27.11.76 the petitioner and others took away one-band radio, gold ring, soap, powder etc. and the informant recognised the petitioner as one of the dacoits. Police after investigation submitted char...... 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. ......Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abdus Satter @ Monaya and ors., 36 DLR 200. Lawyers Involved: Enayet Peer Khan with Md. Mostafa, Md. Abdur Rahim Khan, Advocates - For the pe..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. ......assed by the learned Sessions Judge, Moulvibazar in Sessions Case No.30 of 1984 convicting the accused appellants under section 302 of the Penal Code and sentencing each of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. correspondin......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. ......, AIR 1955 (SC) 419; Md. Anwar and another Vs. The State, PLD 1956 440; Lachhman Singh Vs. The State, AIR 1952 (SC) 167; AIR 1954 SC 204 (H); Barendra Kumar Ghosh Vs. Emperor, AIR, 1925 PC on (I). Lawyers Involved: Nazrul Islam Chowdhury, Advocate - For the Appellant. Miftahuddin Chowdhury,..Category: Criminal Law | Date: | Hits: 128
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......2 of 1984. Judgment Habibur Rahman Khan J.- The appellants Abdul Khalek and Mohubullah @ Mohibullah have been convicted under sections 302/34 of the Penal Code and sentenced to transportation for life and the appellant Sabjan Bibi has been convicted under section 201 of the Penal Code and ......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349........ State, 29 DLR (SC) 246; PLD. 1950 Lahore (FB) 288; 5 DLR (FC) 207; 9 DLR (SC) 177; AIR 1956(SC) 404; Ram Bhorosay Vs. Emperor, AIR 1936 (ALL) 833; Shamblu Nath Mahra Vs. The State, AIR 1956 404. Lawyers Involved: Nozrul Islam Chowdhury, Advocate - For appellant. Abu Hasan Abdullah, Advo..Category: Criminal Law | Date: | Hits: 101
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......nt Qazi Shafiuddin J.- The death reference being Death Reference No.9 of 1992 submitted by the Additional District and Sessions Judge, Sunamganj under section 374 of the Code of Criminal Procedure for confirmation of the death sentence upon accused Khalilur Rahman along with Criminal Appeal No.65......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ur Rahman Vs. Emperor, AIR 1931 Pat 339; Comming Vs. Ratnam, 1932 Mad Cr C 23; Sarwan Sinh Rattan Singh Vs. State of Punjab, (S) AIR 1957 SC 637; AIR 1959 Pat 362; PLD 1954 PC 304; AIR 1946 PC 20. Lawyers Involved: AA Chowdhury Advocate - For the Appellants. AFM Shahid, Deputy Attorney-Gen..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......uzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR......ddressing the Section officers of the erstwhile Pakistan he made certain observations with regard to the power of the Supreme Court and the High Courts of Pakistan to issue writ after proclamation of Martial Law by the Military Ruler General Ayub Khan of Pakistan. The offending passages contained in...... Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC). Lawyers Involved: Dr. Rafiqur Rahman with ML Bhowmik, Advocates ‑ For Contemner No.1. KZ Ala..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ...... Abdus Salam Mamun, Assistant Attorney-General - For the State. Criminal Revision No.1106 of 1993. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioners is for quashing the proceedings of Santrash Daman Tribunal Case No.5 of 1993 pending in the Court of Sa......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......hidullah Kazi, Amjad Hossain.................Petitioner Vs. State, Abul Kasem...............Opposite Parties Judgment August 24, 1995. Result: The Rule is made absolute in part. Lawyers Involved: Not Represented ‑For the Petitioners. Osman Ghani, Advocate ‑ For the Op..Category: Criminal Law | Date: | Hits: 97
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......ial Judge, Khulna arising out of DAB GR No.3 of 1999 corresponding to Mirpur PS Case No.9 dated 29-7-92 should not be quashed. 2. It appears that the above case was started on the basis of First Information Report lodged by District Anti-Corruption Officer, Kushtia. The allegation is that, accuse......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......meen J Nazrul Islam and others.……………………….Petitioners Vs. State………………….. Opposite Party Judgment April 25, 1999. Result: The Rule is discharged. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioners. Munsurul Haque Choudhury, ..Category: Criminal Law | Date: | Hits: 108
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......eference No.20 of 1994 with Criminal Appeal No.1846, 1850 and 1990 of 1994. Judgment Mohammad Gholam Rabbani J.- In this case of death reference all the six accused have been sentenced to death for committing a murder. Convicts have also filed Criminal Appeal Nos. 1846 of 1994, 1850 of 1994 an......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355....... State……….Appellant Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others…………………Respondents Judgment February 23, 1998. Result: The death reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-General - For the State. Anisul Huq with..Category: Criminal Law | Date: | Hits: 129
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... With Jail Appeal No. 93 of 1988. Judgment Mohammad Ismailuddin Sarker J.- This is a Reference under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Borguna for confirmation of the sentence of death passed by him on the condemned prisoner Manik Bala under s......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General with Obaidur Rahman Mostafa, M. A. R..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......ating that the accused persons in collusion with each other dishonestly created a bainapatra allegedly executed by complaint's father Al-haj Abdul Latif on 5.1.73 in favour of accused Sona Mia by forging the signatures of Abdul Latif and with a view to grab the property of Abdul Latif used the s...... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433...........................................Respondents Judgment January 9, 1988. Result: The Rule is made absolute. Case Referred to- Nur Ahmed Vs. Kalimuddin Ahmed, BCR 1987 (AD) 152. Lawyers Involved: Md. Marfat Ali, Advocate - For the Petitioner. S.B. Barua, Advocate - For th..Category: Criminal Law | Date: | Hits: 107
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......attar as if the suit has been filed afresh there and respectively under sections 302/34 of the Penal Code proceed in accordance with law and sentencing each of them there under to suffer imprisonment for life and to pay a fine of Taka 1,000.00 each, in default, to suffer RI for six months more and f......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......……………Opposite Party (In Criminal Appeal No.2229 of 1991) Judgment June 19, 1994. Result: The Criminal Appeal No.2266 of 1991 and Criminal Appeal No.2229 of 1991 are allowed. Lawyers Involved: Serajul Huq with Md. Anisul Haque & M. Faruqe, Advocates ‑ For the Appell..Category: Criminal Law | Date: | Hits: 147
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