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State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......dpur, in Special Case No.1 of 1994 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑two and p......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......zi Shafiuddin J Syed JR Mudassir Husain J State……………Respondent Vs. A K M Mohiuddin………………Appellant Judgment May 7, 1996. Result: The appeal is allowed. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. SA Hasan, Assistant Attorn..Category: Criminal Law | Date: | Hits: 99
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......t Md. Delwar Hossain J. - This Death Reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Additional Metropolitan Sessions Judge, First Court, Chittagong for confirmation of sentence of death awarded by him to the condemned prisoner Mohammad Salim convic......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......ases Referred to- Vasant Laxman More Vs. State of Maharashtra, AIR 1974 (SC) 1697; Sheikh Ayub Vs. State of Maharashtra, AIR 1998 (SC) 1285; Mostafa alias Dayemuddin Vs. State, 61 DLR (AD) 150. Lawyers Involved: Md. Farhad Ahmed, Deputy Attorney General with Md. Nurul Islam Matubber, Assist..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall 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) 246. ......5 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer transportation for life. 2. Prosecution case briefly stated is that Hafizuddin P.W.1 as complainant lodged ejaha......ted from the charge levelled against them and they shall 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) 246. ......d Bhikha Valu and others Vs. The State of Gujarat, AIR 1971 (SC) page 1064; Rameshwar Vs. The State, AIR 1952 (SC) 54 State Vs. Badiuzzaman 25 DLR page 41; State Vs. Abdur Rashid, 24 DLR page 18. Lawyers Involved: Shaukat Ali Khan with Kamakshya Nath Sen and Fazlul Huq Khan Farid, Advocates â..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......53 of 2005. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Naogaon for confirmation of the sentence of death dated 10.7.2005 imposed upon the Condemned prisoner Dr. Md...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......t (In Criminal Appeal No. 2953 of 2005) Judgment November 23 & 28, 2011. Result: The Death Reference is rejected. The Jail Appeal is dismissed. Criminal Appeal is dismissed. Lawyers Involved: Md. Jahangir Alam , Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nuru..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......f 2011) (In Jail No. 1040 of 2005) (In Jail Appeal No. 1041 of 2005) (In Jail Appeal No. 1042 of 2005). Jamir Uddin Sircar with Md. Idris Khan, Md. Shahjahan, Md. Amirul Islam, Sufia Akter Helen - for the informant to assist the State(In Death Reference No. 134 of 2005). Khairul Alam - on beha......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... Criminal Appeals being Nos. 3838 of 2005, 3873 of 2005, 4103 of 2005, 4497 of 2005, 4321 of 2005, 1139 of 2008 and 4490 of 2011 are allowed. The Criminal Appeal no. 4093 of 2005 was dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......R (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K S Hossain, Advocate - For the Informant. MA Rouf, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.1......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... The Rule is discharged. Cases Referred to- Atikullah Khan Masud Vs. State, 15 BLD (AD) 14; Golam Haider Vs. Karim Box, 15 DLR (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K ..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......at the instance of petitioner Pranajit Barua elder brother of the detenu Suranjit Barua (Labu) calling upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produced before the Court and order of detention passed against him on, 4-5-1998 shall not be declared void, il......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......tary Ministry of Home Affairs, 28 DLR 48; Emperor Vs. Shibnath Banerjee, AIR 1946 (PC) 159; Sultanara Begum Vs. Secretary Ministry of Home Affairs, 38 DLR 93; Pearu Mahammad Vs. State, 44 DLR 603. Lawyers Involved: Abdul Salam Mamun, Advocate - For the petitioner. MA Rouf Assistant Attorney..Category: Criminal Law | Date: | Hits: 72
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......ntion of Corruption Act, 1947, pending in the 1st Court of Special Judge at Sher-e-Bangla Nagar, Dhaka, so far as it relates to the accused-petitioner, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that Md. Shah Jalal, Sub-Inspector of Police attached to Haz......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......sult: The Rule is discharged. Cases Referred to- RS Nayak Vs. AR Autulay, AIR 1984, Supreme Court, 684; Ramesh Balkrishna Kulkarni Vs. State of Maharashtra, 1985 Supreme Court Cases, 606. Lawyers Involved: SM Shahjahan, Advocate - For the Petitioner. AKM Zahirul Huq, Assistant Atto..Category: Criminal Law | Date: | Hits: 230
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ending in the Court of Chief MetropoÂlitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ...... Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 BCR (AD) 225; Afzalul Abedin Vs. Government of Bangladesh, 10 BLT 490=8 BLC 601. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocates - For the Accused Petitioners. M..Category: Criminal Law | Date: | Hits: 132
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......uered career. On 28.6.71 one Kazi Habibur Rahman and four of his children were killed by gun shot injuries and their house was burnt to ashes. On the same date Kazi Harunur Rashid lodged a First Information Report at Rajapur police station but no names of any accused were mentioned therein. On 12......gistrate, Jhalakati and another furÂther investigation was directed, whereupon a supplementary charge-sheet dated 8.4.78 was submitted by police against the appellant and several others. When the Martial Law was lifted the case was sent to the Court of Session, Barisal and the learned Sessions J..............Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joynal Abedin, Advocate, instructed by Md. A..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......80 refuÂsing to quash the proceeding pending in the Court of Senior Special Judge, Bogra. 2. Leave was granted to consider the quesÂtion whether the accused being a public servant prior sanction for his prosecution was mandaÂtory under section 6(5) of the Criminal Law Amendment Act, 1958 and t......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......tate and another……………………Respondent Judgment May 4, 1983. Result: The appeal is allowed. Case Referred to- Mahboob Ahmed Vs. The State, PLD 1963 (WP) Karachi 692. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-reco..Category: Criminal Law | Date: | Hits: 81
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......e aspects of the entire episode requiÂring deliberation by this Court. 2. Facts of the case as stated in the judgment are quite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of re......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290....... Mishra Vs. Orissa High Court, AIR 1974 Ori. 1; Joseph Orakew Izura Vs. The Queen, 5 ILR (PC) 540; Parshuram Detaram Shamdasini Vs. The King Emperor, 1945 A.C. 264; Atiqullah Vs. State, 33 DLR 11. Lawyers Involved: In person - the Appellant. Moksudur Rahman, Deputy Attorney-General, instruc..Category: Criminal Law | Date: | Hits: 116
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......accused No.1. There is a note of interÂrogation after the word "business partner". However, the allegation was that the accused No.1 in collusion with the accused petitioner has misappropriated the aforesaid amount and committed criminal breach of trust and further prejudiced the economic and finan......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284....... Vs. The State……………………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md..Category: Criminal Law | Date: | Hits: 95
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......Appellant Vs. The State ................... Opposite Party Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the respondent. Jai......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... J Md. Ruhul Quddus J Oli Ahmed ... .................Appellant Vs. The State ................... Opposite Party Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morsh..Category: Criminal Law | Date: | Hits: 95
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......rique Aziz ... .......Appellant Vs. The State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......arzi-ul-Huq J Md. Ruhul Quddus J Md. Tarique Aziz ... .......Appellant Vs. The State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant ..Category: Criminal Law | Date: | Hits: 119
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......sul Huda J.- This rule was issued on 7-7-2008 on an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proc......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......am Sarwar Hiru Vs. State, 13 MLR (AD) 103; Abdul Qader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. State, 17 BLD (AD) 44; 36 DLR (AD) 14; 11 BLC 51; Begum Khaleda Zia Vs. State, 55 DLR 596. Lawyers Involved: Sheikh Fazle Noor Taposh with Yousuf Hossain Humayun, Abdul Matin Khasru, SM Re..Category: Criminal Law | Date: | Hits: 156
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......991 with Jail Appeal No.2197 of 1991. Judgment Mohammad Fazlul Karim J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Dhaka for confirmation of the sentence of death by hanging by the neck imposed upon the condemned‑prison...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......er Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned ..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expresÂsed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment Shahabnddin Ahmed J.- The question inÂvolved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in t......ismissed. The opinion expresÂsed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......r Vs. State…………………Respondent Judgment May 2, 1983. Result: The appeal is dismissed. Case Referred to- Indrajit Singh Kohli Vs. The State, AIR 1967 Cal. 460. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - ..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of BanglaÂdesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... to cases under Special Powers Act, is the consideration of this appeal. 2. The facts leading to the appeal are, that the appellant, a cousin of deceased Montazur Rahman Chowdhury lodged a first information report on 19-9-1974 at Biswannath Police StaÂtion, alleging that the accused named therei......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......16. Superintendent, Legal Affairs Vs. Azizul Huq, (1960) 12 DLR 324 State Vs. Eusubali (1968) 20 DLR 518 Abdur Rab Vs. Syed Ahmed (1974) 26 DLR 133 Govinda Shed Jamadar Vs. State (1975) 27 DLR 67. Lawyers Involved: Latifur Rahman, Advocate, instructed by Abdur Rab-2, Advocate on Record-For the..Category: Criminal Law | Date: | Hits: 99
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......e and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka....... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh Secr...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......33; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr.L.R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calvel..Category: Criminal Law | Date: | Hits: 133
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