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Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....Moshtaque Ahmed proclaimed Martial Law all over the country by his proclamation dated 20th August, 1973, he maintained the Constitution of Bangladesh with a condition that 'subject to the Martial Law Proclamation, Martial Law Regulation and Martial Law Orders, the Constitution of Bangladesh would co......itional Attorney-General, Kaiseruddin Ahmed, Deputy Attorney‑General, Bazlur Rahman Chhana, Assistant Attorney‑General‑For the Respondents (In both the writ petitions). Syed Ishtiaq Ahmed, former Attorney‑General, Khondaker Mahbubuddin Ahmed, Senior Advocate, Kamal Hossain, Senior Advoc...... of President Shaikh Mujibur Rahman, and put him in the office of the President of Bangladesh. Khondaker Moshtaque Ahmed assumed the power of the Government as President on 15‑8‑75 and proclaimed Martial Law on 20th August, 1975, with effect from 15th August, 1975, throughout the country. Though......inal Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petiti..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......ামলা দায়েরের ক্ষেত্রে”as used in section 32 (1) of the Durnity Daman Commission Ain, 2004 raise some confusion. Obviously it does not mean lodgment of first information report. Subsequent expression in the next line of the section 32 (1) of the Durnity Daman ......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......chedule offence of the Anti-Corruption Commission Act, 2004.………………………………….(8) Cases Referred to- Bayazid Vs. State 61 DLR 772; Abdul Huque Vs. State 60 DLR (AD) 1. Lawyers Involved: Fazle Rabbi, Advocate-For the Petitioners. AKM Fazlul Hoque. Advocate-For th..Category: Criminal Law | Date: | Hits: 101
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ant SM Habibullah Hablu alias AS Habibulla alias Hablu in Criminal Appeal No. 869 of 1993 have been convicted under section 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutivel......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......, 1994. Result: The appeals are allowed. Cases Referred to- Nurul Islam Vs. State 8 BLD (1988) 106; Arshadullah and Nurul Islam Vs. State 21 DLR 684; Abul Hashem Vs. State, 44 DLR 159. Lawyers Involved: Shawkat Ali Khan with Syed Golam Mustafa and Umme Kulsum Rekha, Advocates– Fo..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......icting appellants, Amir Hossain Dhali and Abu Bakar Matbar along with seven other accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for th......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ...........Respondents Judgment March 4, 1997. Result: The appeal is discharged. Cases Referred to- Fazlul Haque Vs. State 11 DLR 316; Abdul Mannan and others Vs. State 44 DLR (AD) 60. Lawyers Involved: Syed Ziaul Karim with Md. Khurshid Khan and Syeda Maimuna Begum, Advocates‑ F..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......ssed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009 convicting the appellants under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing appellant Nurul Islam for 5 years rigorous imprisonment and also to pay fine of Taka 5,000 in default to suffer rigorous......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......J Jahangir Alam and others………………………Appellants Vs. State……………………Respondent Judgment February 22, 2011. Result: Both the appeals are allowed. Lawyers Involved: Khandaker Gulzar Hossain with Md. Haroon-or-Rashid with Md. Nazrul Islam, Advoc..Category: Criminal Law | Date: | Hits: 142
....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ...... as the Joint Secretary and Vice President of Bangladesh Medical Association (BMA). He is at present President of Shadhinota Chikitsha Parishad. The detenu has established two private Medical Clinics for rendering medical service to the poor people, the detenu was arrested on the night following 16......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......desh represented by the Secretary, Ministry of Home Affairs, and others…………………………………….Respondents
Judgment
March 4, 2003.
Result:
The Rule is made absolute.
Lawyers Involved:
Rokanuddin Mahmud with Md. Asaduzzaman—For the Petitioner.
Mohammad Abdull..
Category: Criminal Law | Date: | Hits: 104
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......1635 dated 27-1-2005. He has Tax Identification Number (TIN) Number being 917-105-2188/ 2006-07/680 dated 1-2-2007. 3. During the State of Emergency of 11-1-2007 on 24-1-2007 in the name of Task-force the respondent No.4 arbitrary seized a series of goods from the Bagachara Bazar and also fro...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mohammad Hossain, Advocates - For the Petitioner. ..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......ssain J Afzal Hossain Ahmed J Iqbal Hasan Mahmood…………………Appellant Vs. State……………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57.......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......…………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57. Lawyers Involved: Raflque-ul-Huq with Ahsanul Karim, Faheemul Huq, Khairul Alam Choudhury, Kabir ..Category: Criminal Law | Date: | Hits: 125
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......Balaganj, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution story, in brief, is that one Entajullah as informant lodged a First informant Report with the local police station against some accused on 21‑2......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......i and others Vs. State, 1994 BLD 566=46, DLR 535; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Enayetullah Chowdhury and Md. Nuro Nabi, Advoc..Category: Criminal Law | Date: | Hits: 86
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......oner Abdul Kabir was served with a notice by the competent officer of the Bureau of Anti-Corruption under section 4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statem......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......ses Referred to- Abul Basher Vs. State, 47 DLR 521; Shantosh Bhushan Das Vs. the State, 4 BLT (AD) 58; Mostafizur Rahman Vs. Bangladesh, 49 DLR 599; Santosh Bhusan Das Vs. State, 4 BLT (AD) 58. Lawyers Involved: Not Represented- the Petitioner. Munsurul Hoque Chowdhury Deputy Attorney-Gen..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......d - the Opposite Parties. Criminal Miscellaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magis......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......6 SC 1947; Sharda Prasad Sinha Vs. State of Bihar, AIR 1977 SC 1754 = (1977) 2 SCR 357; Abdul Kader Chowdhury and others Vs. State, 28 DLR AD 38; Sher Ali (Md.) and others Vs. State, 46 DLR AD 67. Lawyers Involved: Md. Serajul Huq, Advocate - For the Petitioner. Not Represented - the Opposi..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.121 of 1996 convicting the appellants under sections 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6(Six) mon...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......e, 13 MLR (AD) 268; Ustar Ali Vs. State, 18 BLD (AD) 42 = 3 BLC (AD) 53; Babor Ali Molla Vs. State, 44 DLR (AD) 10; Alauddin Khan Pathan Vs. State, 19 BLD 74; State Vs. Babul Miah, 63 DLR (AD) 10. Lawyers Involved: Ms. Serwat Siraj, Advocate - For Appellants. Forhad Ahmed, Deputy Attorney-G..Category: Criminal Law | Date: | Hits: 112
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......ood record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. The petitioner was arrested by the Police on 13-8-1996 in connection with the aforesaid case. At the time of his arrest he was serving in the Ministry of Foreign Affairs as Direct......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......Ali J Major (Retd.) M Khairuzzaman…………………Petitioner Vs. State……………………Opposite Party Judgment October 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman, Advocate - For the Petitioner. Shahabuddin Ahmad, Deputy A..Category: Criminal Law | Date: | Hits: 105
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......ing to GR Case No.377 of 1998 convicting the appellants Niranjan Malaker and Shyama Kanta Das and two others under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......(1964) Supreme Court 81; Mohd. Luqman Vs. State, PLD 1970, Supreme Court 10; State Vs. Tayeb Ali, 40 DLR (AD) (188) 6; Osman Gani Vs. State, 2001 BLT (AD) 107; Md. Ali Haider Vs. State, 40 DLR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 ..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ...... calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the learned Special Judge, Court No.4, Dhaka, rejecting the application filed for discharge of the accused-petitioner under section 241A of the Code of Criminal Procedure in Spec......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ...... Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: The Rule is discharged. Lawyers Involved: Syed Haider Ali, Advocate - For the Accused-Petitioner. Khandker Modarresh E..Category: Criminal Law | Date: | Hits: 84
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......r police station Non FIR prosecution No.295 dated 12-9-2001 under sections 495/497/109 of the Penal Code, alleging inter alia that, one Rokeya Begum, accused No.2, is the wife of Ekramul Kabir, the informant; that the accused No.2 without the consent of the informant got herself married with one Mr.......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235....... July 7, 2010. Result: The Rule is made absolute. Cases Referred to- State Vs. Aynuzzaman, 1987 BLD (AD) 100; Maharashtra State Board Vs. PB Seth, AIR 1984 SC 1543 = (1984) 4 SCC 27. Lawyers Involved: Md. Mamun Aleem, Advocate - For the Petitioner. None appear - For the State..Category: Criminal Law | Date: | Hits: 79
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose of section 540 of the Code is not to help any part to......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ...... the witnesses. The ends of justice have been negatived by the trial Court by refusing to recall the witnesses for cross examination by the accused petitioner……………………………(19) Lawyers Involved: AM Amin Uddin, Advocate - For the Petitioner. Shakila Rowshan, Deputy Attorn..Category: Criminal Law | Date: | Hits: 97
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ...... a Judicial Officer to show cause as to why proceedings of the Criminal Case No.179 of 1987 pending in the Court of the Magistrate, Narayanganj should not be quashed. 2. Learned Advocate appearing for the petitioners after placing the materials on record submitted that accused and complainant are......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......uddus J Abdur Noor and others…………………Petitioner Vs. State and another……………………Respondents Judgment July 2, 1998. Result: The Rule is made absolute. Lawyers Involved: AK Mujibur Rahman, Advocate ‑ For the Petitioners. MA Rouf, Assistant Atto..Category: Criminal Law | Date: | Hits: 75
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......Appeal No. 40 of 2005. Judgment AKM Fazlur Rahman J.- This reference under section 374 of the Code of Criminal Procedure has been submitted by the Judge of the Druta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death awarded by him to accused Azam Reza convicting him under secti......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......Vs. State, 52 DLR 179; Fazar Ali Vs. State, 5 MLR 351 = 5 BLC 542; State Vs. Azizur Rahman, 2000 BLD 467 = 5 BLC 405, Abul Hossain Khan Vs. State, 8 BLC (AD) 172; 39 DLR (AD) 194; 40 DLR (AD) 139. Lawyers Involved: Nahid Mahtab, Deputy Attorney-General with Md. Shafiqul Alam, Assistant Attorne..Category: Criminal Law | Date: | Hits: 114
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......osite party. Criminal Revision No. 370 of 1994. Judgment Badrul Islam Chowdhury J. - The delay of 61 days in preferring this revisional application has been satisfactorily explained and therefore the same is condoned. Register the petition as a revisional application. 2. This revisional ......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ................Petitioners Vs. Abdus Samad Biswas…………………………………..Opposite Party Judgment February 27, 1994. Result: The revisional application is allowed. Lawyers Involved: Kazi Sayeedur Rahman, Advocate ‑ For the Petitioners. Not represented-the ..Category: Criminal Law | Date: | Hits: 85
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