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Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at about Taka 21,00,000. 2. Short facts relevant for the purpose of the case are that, Pubali Bank as plaintiff instituted Artha Rin Adalat Suit No. ......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......i J Naogaon Rice Mills Ltd.......................Petitioner Vs. Pubali Batik Ltd ....................Opposite Party Judgment November 18, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Khaled Ahmed with Md. Foruk Hossain, Advocates ‑ For the Petitioner. N..

Category: Criminal Law | Date: | Hits: 82

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......Shafiuddin with Mr. Md. Siraj, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A of the Code of Criminal Procedure, 1898 for quashment of proceedings of the Patenga P.S case No.4 dated 11.4.2004 under section 302/34 of th......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......SC); Abdul Kader Chowdhury and others Vs. State, 28 DLR 1976 (AD) 38; LV Yadav, AIR 1983 SC 1219; State Vs. Bhajan Lal, AIR 1992 SC 604; State Vs. KJD Singh, 1994 SCC (Cr) 63 = 1993 CR LJ 3537 SC. Lawyers Involved: Mr. Md. Hafizullah with Mr. Abdul Baset Majumder and Mr. Md. Ohiullah, Advocate..

Category: Criminal Law | Date: | Hits: 76

Babul Vs. State, 2002, 31 CLC (HCD)

....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......For the Appellant. Snigdha Huq, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No. 446 of 1999. Judgment AK Badrul Huq J.— Babul having been depicted as offender for possession of weapons of offence faced trial of charge laid under sections 19A and 19(f) of the ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers Involved: Prabir Halder, Advocate—For the Appellant. Snigdha Huq, Assistant Attorney..

Category: Criminal Law | Date: | Hits: 84

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ...... the Code of Criminal Procedure would operate as a bar to a proceeding under sections 464/465/467/468 /469/471/109 of the Penal Code, against one who had used a photo copy of a document alleged to be forged in a proceeding under sections 406/420 of the Penal Code. 3. The relevant facts are, that ......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......han and others Vs. State, 40 DLR (AD) 226; Girdhari Lai Vs. Emperor, AIR 1925 (Oudh) 413; Sanmukhsingh and another Vs. King, AIR 1950 PC 31; King Emperor Vs. Shaskari Baksh Singh, (1905) 8 OC 313. Lawyers Involved: Nirmalendu Deb, Advocate - For the Petitioners. JK Pal with Surojit Bhattach..

Category: Criminal Law | Date: | Hits: 94

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......…………………………….Respondent Judgment July 6, 2004. Lawyers Involved: Md. Ozair Farook with Osman Gani, Advocates—For the Petitioner. Aktar Imam, Advocate—For the Informant. Criminal Miscellaneous Case No.11845 of 2003. Judgment SK Sinha J.- This Rule at t...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... Md. Abu Tariq J Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd..............Petitioner Vs. State…………………………….Respondent Judgment July 6, 2004. Lawyers Involved: Md. Ozair Farook with Osman Gani, Advocates—For the Petitioner. Aktar Imam..

Category: Criminal Law | Date: | Hits: 89

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......No. 18 of 1998 convicting accused appellant Md. Abdur Razzaque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ...... in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002; Kishen Singh Vs. Emperor, AIR 1927 Lahore 580. Lawyers Involved: Munsurul Haque Chowdhury, Advocate ‑ For the Appellant. SM Aminul Islam, A..

Category: Criminal Law | Date: | Hits: 94

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission on 9-12-2007 lodged First Information Report, (hereinafter referred as FIR) in Tejgaon Police Station alleging inter alia that i......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......ul Chand Dwarkadas Moraka Vs. King, AIR 1948 (PC) 82; Abdul Hakim Vs. State, 45 DLR 352; Syed Mustafizur Rahman Vs. State, 53 DLR 125; PLD 1962 Dacca 623; Begum Khaleda Zia Vs. State, 55 DLR 596. Lawyers Involved: Rafiqul Huq with Sheikh Fazle Noor Taposh, Abdul Matin Khasru, Yousuf Hossain H..

Category: Criminal Law | Date: | Hits: 126

Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)

....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ...... Dhaka on 30.3.88 in Drug Case No.3 of 1987 convicting the appellants under section 16 of the Drugs (Control) Ordinance, 1982 and sentencing each of them there under to suffer rigorous imprisonment for a period of 3 years and a fine of Tk. 50,000/- each with a default order. 2. Facts leading to......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......nan Chowdhury and Asgar Hossain...........Appellant Petitioners Vs. Shamsul Huq Sikder and the State.........Respondents Judgment January 11, 1989. Result: The appeal is allowed. Lawyers Involved: N.H. Khondakar, Syed A.B. Mahmudul Huq and J.H. Afric, Advocates - For the Appe..

Category: Criminal Law | Date: | Hits: 83

State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ment Kazi Ebadul Hoque J.- This reference under section 374 of the Code of Criminal Procedure has been sent by the Sessions Judge, Natore convicting the accused under section 302 of the Penal Code for confirmation of the death sentence awarded to him by his judgment dated 26-2-94. The condemned p......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......�……………Petitioner Vs. Md. Jamaluddin……………………Condemned Prisoner Judgment December 3, 1997. Result: The Reference is rejected and Jail Appeal is dismissed. Lawyers Involved: Md. Mansurul Hoque; Deputy Attorney-General - For the State. Md. Khurshid Al..

Category: Criminal Law | Date: | Hits: 72

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ision No. 1488 of 1993. Judgement AKM Sadeque J. - This rule at the instance of the pititioner Dr. Ahmed Sharif arises out of an application under section 561A of the Code of criminal Procedure for quashment of the CR case No.226 of 1992 under sections 295A and 298 of the Penal Code now pendin...... another……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; Emperor Vs. Benoari Lal Sharma and others, rep......……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; Emperor Vs. Benoari Lal Sharma and others, reported in..

Category: Criminal Law | Date: | Hits: 70

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......No.38 of 1989 by the learned Sessions Judge, Narayangonj convicting the appellants, namely, Nuru and Mozaffar under sections 302/34 of the Penal Code sentencing them thereunder to suffer imprisonment for life and also to pay a fine of Taka 3,000.00 in default to suffer RI for a further period of 6 m......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......u Miah and another………………..Appellants Vs. State…………………………………………….Respondent Judgment October 31, 1996. Result: The appeal is allowed. Lawyers Involved: Alaluddin, Advocate-For the Appellants. AQ Rashid Ahmed, Assistant Attorney-..

Category: Criminal Law | Date: | Hits: 56

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......on 13-6-88 under the name and style M/s. Al-Kaderia Enterprise (Pvt.) Ltd. “with the registrar, Joint stock Companies. Thereafter he filed an application with RAJUK (Rajdhani Unnayan Kartripakhaya) for approval of a project started by him for residential accommodation namely: “Jilanipuri Modern ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......��…………………………………………Opposite Party Judgment January 29, 1996. Result: The Rule in made absolute. Case Referred to- Abut Basher Vs. State 47 DLR 521. Lawyers Involved: Md. Delear Hossain, Advocate-For the Petitioners. Syed Abu Kowsar, Assistant..

Category: Criminal Law | Date: | Hits: 105

Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)

....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......Vs. Abdus Sobhan, 26 DLR 291; (1979) 31 DLR 169; 26 DLR 491. Lawyers Involved: Aminul Huq, Advocate-on-Record - For the Petitioner. Not represented - For the Respondent. Criminal Petition for Special Leave to Appeal No. 70 of 1978. (From the judgment and order dated 18-1-1978 passe......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......Kanak Chandra Shome and another……………………Respondents Judgment June 14, 1978. Cases Referred to- Fazlul Karim Vs. Abdus Sobhan, 26 DLR 291; (1979) 31 DLR 169; 26 DLR 491. Lawyers Involved: Aminul Huq, Advocate-on-Record - For the Petitioner. Not represented - For t..

Category: Criminal Law | Date: | Hits: 69

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......igh Court wherein the detenu's challenge to his order of detention passed by the Government on 27th August, 1976 under rule 5(1) of the Emergency Powers Rules 1975 failed. Facts need to be stated for disposal of the appeal are that the detenu, a lecturer in the Department of Physics, Dacca Unive......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......; Abdul Latif Mirza Vs. Government of Bangladesh; Mahbub Anam (PLD 1959 Dacca 774); Keshab Talpade Vs. Emperor, AIR 1943 F.C.I; Shibban Lal Saksena Vs. State of Uttar Pradesh, AIR 1954 (SC) 179. Lawyers Involved: S.R. Pal, Senior Advocate, with S.S. Halder, Advocate, instructed by Aminul Huq..

Category: Criminal Law | Date: | Hits: 103

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......se No. 40 of 1997 arising out of Motlob Police Station Case No. 2 dated 5.4.1995 convicting the accused-appellant Humayun under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- only, in default, to suffer rigorous imprisonment for......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......un Bepari…………………Appellant Vs. The State………………………………………………Opposite party Judgment March 7, 2011. Result: The appeal is dismissed. Lawyers Involved: None appears - For the Appellant. Md. Ensanuddin Sheikh, Assistant Attorney ..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......to Ramna Police Station Case No. 64(9)07 convicting accused-appellant No. 1 under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him thereunder to suffer simple imprisonment for 3 years and further convicting him under section 27(1) of the Anti-Corruption Commission Act, 20......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir and others, (2010) 62 DLR (AD) 290, Anti-Corruption Commission Vs. Shamima Begum and others, (2010) 62 DLR (AD) 277. Lawyers Involved: Abdul Baset Majumder with M. Sayed Ahmed & Gazi Mostaque Ahmed, Advocates ..

Category: Criminal Law | Date: | Hits: 108

Abu Taleb Vs. State, 1988, 17 CLC (HCD)

....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239....... For the State. Criminal Appeal No.286 of 1983. Judgment Habibur Rahman Khan J.- The appellant Abu Taleb has been convicted under Section 397 of the Penal Code and sentenced to suffer R.I. for 7 years and also to pay fine of Taka 2,000/-, in default, to suffer R.I. for 4 months more by th......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......Result: The appeal is allowed. Cases Referred to- Safar Ali and others Vs. The state, 36 DLR 185; Munowar Ahmed Vs. The State, 8 DLR (SC) 157; Abul Hossain Mia Vs. The State, 23 DLR 58. Lawyers Involved: Abdul Momin Talukder, Advocate - For the Appellant. Md. Shahjahan, Advocate ..

Category: Criminal Law | Date: | Hits: 84

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......ment Habibur Rahman Khan J.- The writ petition under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh has been filed by one Mosammat Siria Begum seeking an order for the release of her husband Md. Ofazuddin Dewan from detention. 2. On the application of th......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......DLR 567; DLR 48; 40 DLR 21; 38 DLR 93 (RL. 101); Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Sultan Ara Begum Vs. Secretary, Ministry of Home Affairs and others, 38 DLR 1986 page 93. Lawyers Involved: M. Taleb Ali, Advocate - For the Petitioner. Sajjad Ali Chowdhury, Assistant..

Category: Criminal Law | Date: | Hits: 66

Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)

..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... 2 and their Bharatias, accompanied by several goondas knocked upon the door of the residence of the petitioner and announced threats to murder them. The petitioner and their family members, therefore, had genuine apprehension that the opposite party Nos.1 and 2 with the help of the Bharatias an....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......st. Zaheda Banu 3. The State represented by the Deputy Commissioner, Rajshahi..........................Opposite Parties Judgment November 2, 1987. Result: The Rule is made absolute. Lawyers Involved: S.M. Amin Azhar with Md. Sajjad Ali Chowdhury, Advocates - For Petitioner. N..

Category: Criminal Law | Date: | Hits: 70

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......ns 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masihuzzaman, a Senior Advocate of this Court, filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal Code stating th......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa Vs. Nazim Husain, 188 IC, (1940) 699. Lawyers Involved: Miah Abdul Gafur, Advocate - For the Petitioner. No one - For the Opposite..

Category: Criminal Law | Date: | Hits: 77

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