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Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......n status quo in respect of possession of the case land and also to file their written statements. By the same order the case record was transferred to the Court of Metropolitan Magistrate, Chittagong for trial and disposal. The said order was duly served upon the second party on 30-5-1997. 5. The......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......Rahman ............Petitioner Vs. Md. Abdul Awal and others........Opposite Parties Judgment December 3, 2009. Result: The Rule is discharged. Case Referred to- 20 DLR 367. Lawyers Involved: Abu Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate wi..

Category: Criminal Law | Date: | Hits: 122

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......nt and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 of 1974.) Judgment Ahsanuddin Chowdhury J.—In this appeal by Special leave the point for consideration is whether for offences alleged to have been committed on or prior to 5-2-1974 t......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......owed. Cases Referred to- Kabir Ahmed Vs. State, (1974) 26 DLR 44; Alam & ors. Vs. State, (1967) 19 DLR (SC) 242; Colonial Sugar Refining Company Ltd. Vs. Irving, (1905) Appeal Cases 369. Lawyers Involved: Ahmed Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record-For..

Category: Criminal Law | Date: | Hits: 76

Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)

....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......of Jibannagar P.S. Case No. 3 dated 16.11.1998 corresponding to G.R. Case No. 243 of 1993 convicting the appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 (ten) years. 2. The Prosection Case, in short, is that, on 16.11.1999 the informant Md. Na......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......…………………………………………Respondent Judgment July 5, 2011. Result: The Appeal is allowed. Case Referred to- Aslam Jahangir Vs. The State, XX BLD (HCD) 426. Lawyers Involved: Md. Aminul Ahsan - For the appellant. Abdus Salam Mondal, Deputy Attorney Ge..

Category: Criminal Law | Date: | Hits: 95

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......or the Petitioner. Ruhul Quddus, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record—For the Respondent Nos.1 & 2. For the Respondent No.3—Not represented. Criminal Petition for Leave to Appeal No. 533 of 2011. (From the judgment and order dated 23rd March, 2011 passed b...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......��………………………..Petitioner Vs. Monsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: Leave is granted. Lawyers Involved: Karunamay Chakma, the Deputy Attorney General, instructed by Mrs. Sufia Khatun,..

Category: Criminal Law | Date: | Hits: 122

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......aka under section 138 of the Negotiable Instruments Act, 1881 which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shi......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ...... Metropolitan Sessions case should not be quashed. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44=2 BLC (AD) 16. Lawyers Involved: AKM Asihful Haque, Advocate - For the Petitioner. Towhida Khatoon, Assistant..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......oper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of ac......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......, 62 DLR (AD) 225; Habibur Rahman Mollah Vs. State, 62 DLR (AD) 233; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; 62 DLR (AD) 279; 60 DLR (AD) 1. Lawyers Involved: Khandaker Reza-e-Raquib with Imratul Kabir and Majbahur Rahman, Advocates-For t..

Category: Criminal Law | Date: | Hits: 100

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262....... Ruhul Islam J.- This appeal by special leave to appeal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High ....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is allowed. Case Referred to- Sinnasany Sudvan Yagam Vs. The King, (1952) 4 DLR 74 (PC). Lawyers Involved: S. R. Pal, Senior Advocate, (B. N. Chowdhury, Advocate with him) instructed by ..

Category: Criminal Law | Date: | Hits: 94

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......e No.22 dated 9.9.2004 corresponding to G.R. No.520 of 2004 convicting the petitioner under section 19-A and 19 (f) of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction to run both the sentence concurrently should ......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......) 514; Habibur Rahman alias Jane Alam Vs. The State, 47 DLR (1995) (HCD) 323; Mohiuddin Vs. The State, 61 DLR (2009) (HCD) 35; Abdul Haider Sikder and another Vs. The State, 43 DLR (AD) (1991) 95. Lawyers Involved: A.B.M. Waliur Rahman Khan, Advocate - For the Petitioner. Kazi M. Ejarul Ha..

Category: Criminal Law | Date: | Hits: 92

Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)

....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......2 discharging the petitioners from charge should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. After issuance of the rule the informant Arup Ratan Mandal filed an application for adding him as opposite party No.2 in this case. A......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ...... 41 DLR 387; Mostofa Kamal alias Lotus Kamal Vs. Government of Bangladesh, 14 MLR (AD) (2009) 5=61 DLR (AD) (2009) 10; Kahar Singh Vs. The State of Horyana, 1972 (SC) Cr. R.20: AIR 1971, (SC) 983. Lawyers Involved: Tapan Kumar Bapari, Advocate - For the petitioner. K.M Masud Rumy, Assistant..

Category: Criminal Law | Date: | Hits: 143

Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)

....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......6 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......State.......................Respondent Judgment October 27, 2010. Result: The appeal is allowed. Case Referred to- Anti-Corruption Commission Vs. M.K. Alamgir, 62 DLR (AD) 290. Lawyers Involved: Abdul Baset Majumder with M. Sayed Ahmed, Advocates - For the Appellant. Md...

Category: Criminal Law | Date: | Hits: 133

Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)

....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......d another, 60 DLR 677; Md. Mahiruddin Vs. Md. Amirul Islam and Others, 16 BLT 474; Most. Rahela Khatun Vs. Md. Hassan and others, 16 BLD (AD) 264. Lawyers Involved: Pronay Kanti Roy, Advocate - for the appellants. Md. Monwar Hossain, Assistant Attorney General- for the respondent. Crimin......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... 15 BLD 339; Shamsul Alam alias Babul Vs. State and another, 60 DLR 677; Md. Mahiruddin Vs. Md. Amirul Islam and Others, 16 BLT 474; Most. Rahela Khatun Vs. Md. Hassan and others, 16 BLD (AD) 264. Lawyers Involved: Pronay Kanti Roy, Advocate - for the appellants. Md. Monwar Hossain, Assista..

Category: Criminal Law | Date: | Hits: 99

Md. Selim Vs. State, 2011, 40 CLC (HCD)

....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......o- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers Involved: Nahida Yasmin, Advocate - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal App......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ...... The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers Involved: Nahida Yasmin, Advocate - for the appellant. Salma Rahman, Assistant Attorne..

Category: Criminal Law | Date: | Hits: 94

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......Fazlul Karim J. -This rule was issued calling upon the opposite parties to show cause as to why the detenu Md. Shahadat Hossain alias Bere now detained in Jessore Central Jail should not be brought before this Court in order to satisfy itself that the detenu is not being held in custody illegally or...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... 1994. Result: The Rule is made absolute. Cases Referred to- Mrs. Saleha Chowdhury Vs. Government of Bangladesh and others, 40 DLR 207; Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1. Lawyers Involved: Syed Shahidur Rahman, Advocate ‑ For the Petitioner. M Shamsul Alam, Deput..

Category: Criminal Law | Date: | Hits: 86

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ...... holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pending, where the two appellants along with Mur......wo appellants along with Muraduzzaman, the Government contractor and Md. Habibur Rahman, the officer in charge of L.S.D Chowmuhani along with others are facing a trial chargeable under clause II of Martial Law Regulation 1 of 1975. The allegation made in the charge sheet by the police may by set o......mad Amir Vs. Md. Kaushar, 21, DLR (S.C.) 330, 1956 Cr. L J. 1320; Mohd. Pasha Vs. State of Hyderabad Reg Vs. Ramijirav Jivbajirav (1875) 12 Bom H.C.R I; Abdul Quader Vs. The State, 28 DLR (AD) 38. Lawyers Involved: Mujibur Rahman, Advocate with Abul Quasem Bhuiyan, Advocate, instructed by S.M..

Category: Criminal Law | Date: | Hits: 115

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ........... Appellants Vs. The State................................... Respondent Judgment April 20, 2011. Result: The appeal is allowed. Lawyers Involved: Afsana Begum, Advocate - for the appellants. Promila Biswas, Deputy Attorney General - for the respondent. Criminal App...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......uddus J Teli alias Mantu and others ............ Appellants Vs. The State................................... Respondent Judgment April 20, 2011. Result: The appeal is allowed. Lawyers Involved: Afsana Begum, Advocate - for the appellants. Promila Biswas, Deputy Attorney..

Category: Criminal Law | Date: | Hits: 103

Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)

....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: .........................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal App......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......llants Vs. The State...............................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General..

Category: Criminal Law | Date: | Hits: 105

Al-Amin Vs. State, 2011, 40 CLC (AD)

.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......tructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner. M.K. Rahman, Additional Attorney General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 428 of 2010. (From the judgment and order dated 9.6.2010 passed by the Hi...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... Vs. The State..............................................................Respondent Judgment March 14, 2011. Result: Leave is granted to admit the accused petitioner on bail. Lawyers Involved: Mizanur Rahman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Recor..

Category: Criminal Law | Date: | Hits: 96

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......e the Death Reference being No. 50 of 2005, and Jail Appeal No. 421 of 2005 have arisen out of same judgment and order dated 27-4-2005, hence the Death Reference and Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM wh......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ...... Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 95; Abdul Quddas Vs. State, 43 DLR (AD) 234; Abdus Sukur Miah Vs. State, 1996 BLD 337 = 48 DLR 228; Nawsher Ali Vs. State, 39 DLR (AD) 194. Lawyers Involved: Umme Kulsum Begum, Deputy Attorney General with SM Shajahan Kabir, Assistant At..

Category: Criminal Law | Date: | Hits: 87

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......osite party No. 1 being the Bangladesh Film Development Corporation (BFDC) represented by its Law Officer Md. Ruhul Amin. 2. We have heard Mr. Md. Khurshid Alam Khan the learned Advocate appearing for the accused-petitioners and Mr. Md. Mamunor Rashid, the learned Assistant Attorney General appea...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......erred to- Sultan Ara Begum Vs. Secretary, 38 DLR 105, Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167, Shaikh Obaidul Huq Vs. State, 38 DLR 105, AIR 1956, Madhya Pradesh, 19. Lawyers Involved: Md. Khurshid Alam Khan with Mohammad Mujibur Rahman, Adaocates - For the Petiti..

Category: Criminal Law | Date: | Hits: 95

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......d 153 of 2005. Judgment AKM Fazlur Rahman J. - This reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Judge of Druta Bichar Tribunal No. 3, Dhaka for confirmation of sentence of death awarded by him to condemned prisoners, (1) Md. Anwar Hossain ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......8 BLD 100 = 40 DLR 443; Md. Jamaluddin Vs. State, 1994 BLD 33; State Vs. Babul Hossain, 52 DLR 400; Sanwar Hossain Vs. State, 45 DLR 489; Syed Nazakat Hossain alias Ujjal Vs. State, 48 DLR 139. Lawyers Involved: Md. Shafiqul Alam, Assistant Attorney General - For the State Appellant. Abd..

Category: Criminal Law | Date: | Hits: 67

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