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Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....etaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dhaka Central Jail on 8.1.88. In the said order of detention Annexure-A contained the following grounds for detent......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35...Category: Criminal Law | Date: | Hits: 29
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....volved: P.C. Guha with A.K.M. Zahirul Huq, Advocates— For appellants. Obaidur Rahman Mostafa with Md. M.A. Rouf, Advocates— For the State. Criminal Appeal No. 136 of 1987 with Jail Appeal No. 157 of 1988 Judgment Mohammad Ismailuddin Sarker J.—This appeal by th......se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ..Category: Criminal Law | Date: | Hits: 51
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....302/34 of the Penal Code. During investigation, accused Badsha Mollah was absconding for sometime but he surrendered in Court before the Upazila Magistrate on 23-8-85 wherefrom he was remanded to Jail custody. The learned Sessions Judge, Bogra received the case records and fixed 18-11-86 for fra......4 of the Penal Code. During investigation, accused Badsha Mollah was absconding for sometime but he surrendered in Court before the Upazila Magistrate on 23-8-85 wherefrom he was remanded to Jail custody. The learned Sessions Judge, Bogra received the case records and fixed 18-11-86 for framing ..Category: Criminal Law | Date: | Hits: 42
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
....us Sobhan with S.M.A. Maleq and Syed Ataharuddin Ahmed, Anisur Rahman, Advocates- For the condemned prisoner. Death Reference No. 2 of 1988 With Criminal Appeal No. 90 of 1988 With Jail Appeal No. 91 of 1988. Judgment Nurul Huque Bhuiyan J.— The Death Reference No.2 of 198......azera Khatun be tried by the Special Tribunal, Barguna for the alleged offence against them under the Special Powers Act, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported i..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......entrustment' the person who transfers possession of the property to second party still remains the legal owner of the property and the person in whose favour possession is so transferred has only the custody of the property to be kept or disposed of by him for the benefit of the other party, the per..Category: Criminal Law | Date: | Hits: 67
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....a jail or from any other place where he is being detained. 14. The Rule is made absolute. Let a copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18........ On 24.1.87 the Kotwali Police arrested the detenu along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the detention order. Thereafter the District Magistrate, Comilla, nam..Category: Criminal Law | Date: | Hits: 40
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ...... granting of bail to a terrorist named Shubhra of Maghbazar and another Mr. Nurunnabi, an accused in a bomb case, yet those instances are not correct inasmuch as that Nurunnabi of Jessore is still in custody and the Shubhra of Maghbazar was not granted bail by the High Court Division in any case. He..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....m poor hawker family, was arrested by the Sutrapur PS Police on 16-12-1998 at about 2-00 PM and was produced before the Metropolitan Magistrate on 17-12-98 and thereafter he was sent to Dhaka Central Jail and an order of detention under section 3(2) of the Special Powers Act directing the detention ......98 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....g upon the respondents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 days and to submit the report of the result of the review to this court wi......mates languish with no witnesses to “pin them down”. The news report stated that one Mohammad Jahangir, son of Abdul Rahman of Dholairpar, PS Demra (‘the prisoner’) Dhaka has been remanded in custody from 12.9.1992 to date. Despite having been in custody for over 11 years, and having been pr..Category: Criminal Law | Date: | Hits: 45
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....months from date to serve the sentence, in default the Marshal of the Court is directed to take the contemners, Matiur Rahman Chowdhury and HM Ershad into custody and confine them to Dhaka Central Jail to serve the sentence as imposed. In default of payment of fine by Mrs. Mahbuba Chowdhury with......ime investigation is indispensable for proper and quicker investigation. The need for well trained full time magistrates/criminal judges, for eliminating/reforming cognizance phase when accused in custody languish in overcrowded jail for years without trial, and other reforms in the criminal jus..Category: Criminal Law | Date: | Hits: 130
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...Category: Criminal Law | Date: | Hits: 56
Abul Hossain Vs. State, 2008, 37 CLC (AD)
....ion for Leave to Appeal No. 125 of 2007. (From the judgment and order dated May 25, 2006 passed by the High Court Division in Death Reference No.57 of 2003 with Criminal appeal No.1794 of 2003 and Jail Appeal No.796 of 2003.) Judgment Md. Abdul Matin J.- This Petition for leave to appeal i......in, during subsistence of their marriage accused Abul Hossain abducted the victim (deceased Nurjahan Begum alias Maya). Thereafter in search Maya the daughter of the informant was found under the custody of the accused Abul Hossain, but in spite of taking criminal action the victim girl was give..Category: Criminal Law | Date: | Hits: 45
Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)
....hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......ent was arrested on 22.02.2007. The present respondent has been blessed with a son on 01.06.2007. 7. The present respondent is the only son of his family and in the absence of his father who is in custody in connection with the judgment passed by the Special Judge is only male member to look af..Category: Criminal Law | Date: | Hits: 51
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
.... treatment he was subjected to by the police at the camp. It is also found from the record that the trial Court by order dated 24-3-1992 granted permission for shifting the convict appellant from the Jail Hajat to the Mental Hospital, Pabna on the basis of Memo No.498 dated 22-3-1992 of the Tangail ......tatement of the convict appellant cannot be taken to be any basis for conviction in the instant Case when it was extracted through physical torture after prolonged and illegal detention in the police custody beyond the period of 24 hours without any order of remand, more so when the same was retract..Category: Criminal Law | Date: | Hits: 27
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ...... other reason was assigned in the petitions. On 16-10-2000, the learned Advocate for the accused Anwar strongly opposed the prayer for adjournment and prayed for bail on the ground that accused is in custody for a long time. The learned Metropolitan Additional Sessions Judge though allowed the praye..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......e cannot be expected to remain silent on the law and order problems in the country. She just pointed out the loopholes in the justice delivery system through which the offenders are coming out of the custody and indulge in fresh crimes. She took pain to focus on the system in order to strengthen the..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....o.6858 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite parties were called upon to show cause as to why the detenu Miss Momota Karmaker now detained in Satkhira District Jail should not be brought before this Court so that it may satisfy itself that the said detenu is n...... cause as to why the detenu Miss Momota Karmaker now detained in Satkhira District Jail should not be brought before this Court so that it may satisfy itself that the said detenu is not being held in custody without lawful authority. 2. In this Case, the petitioner is the father of the victim..Category: Criminal Law | Date: | Hits: 33
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
.... of the Interpol murder and as per his prayer (as written in paragraph 7 of the application) the petitioner was shown as an accused in Luton murder Case and sent him to hajat. On 31-5-2000 the Senior Jail Superintendent, Sylhet Central Jail wrote a letter to the learned Magistrate 1st Class, Balagon......) 729 dated 30-7-1998 on 23-5-2000. The lawyer of the petitioner filed an application before the learned Magistrate, First Class, Sylhet stating, inter alia, that the petitioner was released from the custody on 16-3-2000 and he also prayed for producing the release order before the Court. The Court ..Category: Criminal Law | Date: | Hits: 87
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....No.3613 of 2000. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the detenu Md Mosharaf Hossain now detained in Jhenaidah District Jail should not be brought before this Court to be dealt with according to law. 2. The learne......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....s ‘said to be suffering from, including Cardiac trouble, hypertension,’ Diabetes’. At the time of making the submission he produced Memo No. 10560/Bha: Sha: dated 4-12-2000 issued by the Senior Jail Superintendent,’ Dhaka Central Jail and submits, ‘with reference’ thereto that the accuse......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
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