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Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......ction 178, section 179, section 180 or section 228 of the (Penal Code) is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if it thinks fit, take c..

Category: Criminal Law | Date: | Hits: 29

State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)

....on for Leave to Appeal No.145 of 2008. (From the judgment and order dated 15.01.2008 passed by the High Court Division in Death Reference No.60 of 2004 with Criminal Appeal No.1339 of 2004 with Jail Appeal No.459 of 2004.) Judgment Md. Abdul Matin J. - This petition for leave to a......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..

Category: Criminal Law | Date: | Hits: 43

Mithu Vs. State, 2009, 38 CLC (AD)

....Criminal Appeal No.2400 of 2003 before the High Court Division. The Death Reference No.73 of 2003 along with Criminal Appeal No.2400 of 2003 and other Criminal Appeals preferred by other convicts and Jail Appeal had been heard together and disposed of by one common judgment. The High Court Division ...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 446. ..

Category: Criminal Law | Date: | Hits: 46

Azam Reza Vs. State, 2010, 39 CLC (AD)

.... of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......ons as above we find nothing to interfere with the judgment of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..

Category: Criminal Law | Date: | Hits: 100

Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)

.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ..

Category: Criminal Law | Date: | Hits: 45

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......ilable in the instant legislation? We are not oblivious of the position that an ongoing drive against corruption is being carried out by the interim Government and the suspects are being taken inside custody with measures for speedy trial with restrictions imposed in the process of their bail with a..

Category: Criminal Law | Date: | Hits: 101

State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)

....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......3/58 upto 8.3.90 whereas he had collected Tk.53,621.39 since 16.7.89 to 28.3.90 and thus the respondent Tahsilder misappropriated Tk.21,137.81. The defence case appears to be that there being no safe custody in his Tahsil Kachari the respondent Tahsildar, after keeping the money in the safe custody ..

Category: Criminal Law | Date: | Hits: 63

Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One

....lery)………….Appellant (In Criminal Appeal No. 58 of 2007) Major (Retd). A.K.M. Mohiuddin Ahmed……..... Appellant (In Criminal Appeal No. 59 of 2007 and Jail Appeal No. 02 of 2007) Vs. The State……………&hel......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..

Category: Criminal Law | Date: | Hits: 310

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three

....8 (SC) 2756 and the unreported decision in our jurisdiction in the case of State–Vs-Md. Foysal Alam Ansari and others in death reference No.81 of 2003 with Criminal Appeal No.2798 of 2003 and Jail Appeal No. 842 of 2003. 377. On this point the learned Attorney General after citing ......eedings shall be instituted and if that officer decides that the proceedings shall be instituted before the Court Martial then he will direct that the accused persons shall be detained in military custody. Sections 94 and 95 of the Army Act, 1952 and Section 549 of the Cr.P.C. set out the proced..

Category: Criminal Law | Date: | Hits: 229

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four

....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......e before which Court the proceeding shall be instituted and if he decides that the case shall be instituted before a Court-Martial, it shall direct that the accused persons be detained in military custody. However, in a case under Section 95 of the Army Act, when a criminal Court having jurisdic..

Category: Criminal Law | Date: | Hits: 208

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......r to decide before which court the proceedings shall be instituted and, if the officer decides that the case should be instituted before a Court Martial, the offender is to be detained in military custody. However, if a criminal Court is of opinion that the said offence shall be tried before the..

Category: Criminal Law | Date: | Hits: 228

State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

....m. Challenging the legality and propriety of that judgment and order of conviction and sentence condemned prisoner Shahidur Rahman alias Shahid preferred Criminal Appeal No.1761 of 2003 and Jail Appeal No.333 of 2003 convicts Abdul Malek and Rahman alias Abdul Rahman preferred Criminal Ap......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..

Category: Criminal Law | Date: | Hits: 63

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....to Appeal No. 158 of 2008. (From the judgment and order dated 27.09.2007 and 30.09.2007 passed by the High Court Division in Death Reference No.99 of 2004 with Criminal Appeal No. 2413 of 2004 and Jail Appeal No.738 of 2004.) Judgment Md. Abdul Matin J.- This petition for leave to appeal i......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...

Category: Criminal Law | Date: | Hits: 60

Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)

....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......nce, with  the mandatory provision of Section 164 of the Code of Criminal Procedure on material points is not curable under Section 537 of the Code of Criminal Procedure; that prolonged police custody immediately preceding the making of confession is sufficient, if not otherwise properly exp..

Category: Criminal Law | Date: | Hits: 52

Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)

....Petition for Leave to Appeal No. 03 of 2008. (From the judgment and order dated 20.09.2007 and 23.09.2007 passed by the High Court Division in Criminal Appeal No. 4314 of 2004 arising out of Jail Appeal No.7620 of 2004 with Death Reference No.98 of 2004). Judgment   ......n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..

Category: Criminal Law | Date: | Hits: 96

Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)

.... Judgment March 3, 2009. Lawyers Involved: Md. Helaluddin Mollah, Advocate- For the Petitioner. S. M. Abdul Mobin, Deputy Attorney General-For the Respondent. Jail petition No.19 of 2007. (From the judgment and order dated 22.11.2005 passed by the Hig......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..

Category: Criminal Law | Date: | Hits: 50

Zainul Abedin Vs. State, 2007, 36 CLC (AD)

....nd no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......the basis of G.D.E the Police of Sonargoan Police Station under Narayangonj District on get­ting secret information searched the house of the witness No.7 and recovered the vic­tim from the custody of accused No.5 and 6, the tenants of the witness No.7 and moreover, the Police Station of ..

Category: Criminal Law | Date: | Hits: 52

Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)

....& 39 of 2003 (From the Judgment and Order dated 02.11.2000 & 22.08.2002 passed by the High Court Division in Death Reference No. 20 of 1997 with Criminal Appeal No. 1928 of 1997 and Jail Appeal No. 2069 of 1997 & 4 and 5 of 2001). Judgment Mohammd Fazlul Karim J.-......reported in 42 DLR 465. 9. Mr. Abdur Razaque Khan, the learned Additional Attorney General appearing for the respondent in both the appeals, however, submitted that languish­ing in jail custody in death cell and delay in disposal of the appeal is no ground for com­muting the sente..

Category: Criminal Law | Date: | Hits: 35

Md. Abu Daud Sarder Vs. State and anoth­er, 2002, 31 CLC (AD)

....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......e dispute relating to the land owned by him, he approached the appellant, being the headman of the village, for settlement and that the appellant upon assuring him to settle the dispute kept in his custody all the documents relating to the land as regard to which dispute cropped up. 3. The..

Category: Criminal Law | Date: | Hits: 50

Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)

....nt Judgment February 2, 2009. Lawyers Involved: Md. Helaluddin Mollah, Advocate-For the Petitioner. Abdur Rouf, Deputy Attorney General-For the Respondent. Jail Petition No. 22 of 2007. (From the judgment and order dated 20th and 23rd September, 2......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..

Category: Criminal Law | Date: | Hits: 86