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Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......titioner Vs. State and another...........................................Opposite-Parties Judgment December 3, 2012. Result: The Rule is discharged. No quashment before charge-sheet No case can be subject matter of quashment before submission of the charge-sh......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......rocedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. AT Mridha, 26 DLR (SC) 17. Lawyers Involved: Jahirul Islam Mukul and Md. Harun-or-Rashid, Advocates—For the Petition..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......strate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in capability of the said Judge to perform the judicial work. If explanation of the learned Judge is accepted, then it is clear that ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......it is clear that he refrained himself to perform his judicial task under so called pressure and he failed to over come the said situation as a Judge……………..(11) Lawyers Involved: Salina Akter, Advocate—For the Petitioner. MH Sarder, Deputy Assis..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......grani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved:......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved: Moudud Ahmed, Senior Advocate with AM Mahbub Uddin, AKM Ehsanur Rahman—..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. .....................Petitioner Vs. State...................................Respondent Judgment November 26, 2012. Result: The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Rep..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......ent and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004 with Jail Appeal No.521 of 2004) Judgment Muhammad Imman Ali J.-This jail petition for leave to appeal at the instance of the condemned petitioner Rahmat Ali alias Shukkur is directed......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..........Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitione..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......s Judgment November 21, 2012. Result: The application is rejected. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be intimated before suc......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......t a wrong decision. The scope of review as provided in the Code of Civil procedure is not available in the Code of Criminal Procedure............ (13) Cases Referred to- 60 DLR (AD) 1, Lawyers Involved: Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......ure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure is not a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Pri......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ...... (Supreme Court) 598; Hibubur Rahman @ Habib Vs. State, 8 BLD 210; Abdul Jabbar Vs. State, 1 MLR 164; Khalil Mia Vs. State, 7 BLT (AD) 245 = 4 BLC (AD) 223; Rahim Baksh Vs. Crown, 4 DLR (FC) 53. Lawyers Involved: Md. Afzal Hossain, Advocate—For the condemned-appellants (In Criminal A..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration.……………………(5) Before discarding any confession, the trial court needs to consider the ground that the confession wa...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility of the accused's presence at the place of the crime at the relevant time. Law does not expect the same standard of proof from the accused as from the prosecution……â..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......d Md. Ziaul Karim J.— This reference under Section 374 of the Code of Criminal Procedure (briefly as the Code) has been made by learned Additional Sessions Judge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......Vs. Sree Ranjit Kumer Pramanik 45 DLR 660; Ali Vs. Crown 6 DLR(W.R) 52; Rahman Vs. The State of U.P. AIR 1972(SC) 110; Shajahan Vs. The State 46 DLR, 575; Mojibur Rahman Vs. The State 13 MLR-88. Lawyers Involved: M. A. Mannan Motion, DAG with Md. Osman Goni Khan, AAG and Md. EnsanUddin She..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......al-Mamun, Deputy Attorney-General-For the State. Criminal Miscellaneous Case No.41178 of 2012. Judgment Quamrul Islam Siddiqui J. - The petitioner has moved this petition with a prayer for direction upon the respondents not to arrest or harass the petitioner without due process of law......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......ccused-Petitioner Vs. State…………….................Opposite-Party Judgment October 4, 2012. Result: The application is disposed of. Lawyers Involved: Md. Zainul Abedin, Senior Advocate with Md. Sagir Hossain, Advocate—For..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......535; State Vs. Monu Mian and others, 54 DLR (AD)(2002)60; Mizazul Islam @ Dablu Vs. State, 41 DLR (AD) 157; Shahid Mia and another Vs. The State and another; 60 DLR (HCD) 371; AIR 1972 (SC) 535. Lawyers Involved: S.M. RezaulKarim, Advocate With Md. Abdur Razzak, Advocate and Ms. Afifa Begu..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......ncing him to suffer rigorous imprisonment fourteen years and seven years respectively with a direction to run both the sentences concurrently. 2. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that on the basis of secret information ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ...... Vs. State 51 DLR 83; Iftekhar Hasan Choudhury (Md.) Vs. State 47 DLR 451; Md. Harisuddin Vs. State 20 BLD 576; Md. Alauddin Vs. State 22 BLD 256=7 BLC 54; Muslimuddin Vs. State 38 DLR (AD) 311. Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appel..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......(3) Special Court, Dinajpur in Special Court Case No.97 of 1996 should not be quashed or such other or further order or order passed as to this Court might seem fit and proper. 2. Facts relevant for purpose of disposal of the instant Rule, in short, are that on 15-3-1996 informant Asma Khatun (......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ........................Accused-Petitioners Vs. State............................................Opposite-Party Judgment August 29, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears—For the Petitioners. Bishmadev Chakraborty, Deputy ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ...... When a title suit is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal case........ (7) Criminal Proceedings should not run for an indefinite period It is well settled that the criminal proceedings should not be at all ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......gs should not run for an indefinite period It is well settled that the criminal proceedings should not be at all have indefinite period for the cause of pendency of civil suit......... (10) Lawyers Involved: No one appears—For the Petitioner. Md. Ensan Ullah Shaikh, Assista..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......e is also Reported in: 18 BLC (HCD) (2013) 145. ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... Nidan Ali Vs. State, 4 BLC at page 264; Zillur Rahaman alias Zillur Vs. State, 6 BLC page 254; Uzzal and Golam Rasul alias Mamun Vs. the state, 15 MLR 311;SM Kamal Vs. State, 6 BLC 123. Lawyers Involved: ZH Bhuiyan, Advocate—For the Petitioner. Md. Abdul Khaleque, Assis..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......is appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed b......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......LR 306; Mobarak Hussain Vs. State, 33 DLR 274; State Vs. Abdul Hatem, 65 DLR 431; State Vs. Nurul Haque, 45 DLR 306; Mobarak Hossain Vs. State, 33 DLR 274 and Nizam Hazari Vs. State, 53 DLR 475. Lawyers Involved: Anisul Haque, Senior Advocate (Fazlee Noor-Taposh, Advocate with him) instruc..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......strate, 1st Class, Cognizance Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule is that the complainant filed C.R. Case No.218 of 2002 on 26.07.2000 in the...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......haka-4) Vs. State and another, 62 DLR (AD) 233; Faridul Alam Vs. State, 61 DLR (AD) 93; Kamrul Islam (Md.) Vs. Atikuzzaman, 9 DLR 258; Mst. Nahida Sultana Vs. M power of the High Court Division. Lawyers Involved: Nirmalendu Dev, Advocate—For the accused-petitioners Nozibar Rahma..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......to GR No.228 of 1996 arising out of Meherpur PS Case No.13 dated 22-9-1996 convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. 2. On a First Information Report lodged by P.W.1 Abdul Mannan Mr.idha brother of the ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......LR 35; Md. Ali Haider alias Haidul Vs. State, 5 BLT 101; Angur Vs. State, 41 DLR 66; Abu Jamal Vs. State, 51 DLR 57; State Vs. Lokman Miah, 48 DLR 149; Ghulam Rasool Vs. State, 1977 Pakistan Criminal Law Journal 985; Md. Mominul Huq Vs. State, 48 DLR 182; Kawsarun Nessa Vs. State, 48 DLR 196; Alamgi..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... his reference and dismissing his jail appeal. 2. Facts, leading to the jail petition, in a nutshell, are as follows: On 13.05.2005 at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... Judgment July 22, 2012. Result: Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Case Referred to- Gregg Vs. Georgia, (1976) 428 U.S. 153. Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......lue in cases where the accuseds are unknown culprits and are Known only amongst their associates. In such cases it remains difficult to locate the other members of the gang except from the data and information available in the confessional statement....... (19) Since confessional statement is d...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......etd.) Nurul Huda Vs. State, 8 MLR (AD) 53 = 55 DLR (AD) 33; State Vs. Jabaida Rashid 49 DLR (AD) 119; Prahlad Singh Bhati Vs. NCT Delhi, AIR 2001 SC 1444; Nishar Ahmed Vs. State PLD 1971 SC 174. Lawyers Involved: Md. Amanul Karim, Advocate—For the Petitioners. Sharmina Haque, A..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
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