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Kabir and others Vs. State, 1991, 20 CLC (HCD)

.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......e No.136 of 1988 convicting the appellants namely Kabir, Shahid Hossain @ Shafi, Sattar and Abdul Matin under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......another Vs. State, 1986 BLD 436; Juma alias Jamal Vs. State, 11 DLR (WP) 58; State Vs. Abdur Rahim Sikder, 10 DLR 61; Rahim Baksh Vs. Crown, 4 DLR (SC) 53; Monowar Ahmed Vs. State, 8 DLR (SC) 157. Lawyers Involved: Md. Ismail, Advocate ‑ For the Appellants. AKM Shamsul Karim, Assistant At..

Category: Criminal Law | Date: | Hits: 76

Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)

....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ...... absentia under Section 6 of the Control of Essential Commodities Act, 1956 i.e., Act I of 1956 read with Section 25 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 5 (five years. Another accused Shah Alam was also charged along with him with the same offence b......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......Ansar Ali J Siddiqur Rahman..........................Appellant Vs. The State............................Respondent Judgment February 15, 1988. Result: The appeal is allowed. Lawyers Involved: Md. Latifur Rahman, Advocate - For the Ap­pellant. Gazi Siddique Ahmed, Adv..

Category: Criminal Law | Date: | Hits: 74

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ......o holds directorships in a number of companies and travels extensively to hold business negotiations and to conclude contracts. He has regularly visited Ban­gladesh once or twice or thrice in a year for the last several years to hold business negotiations with the Government owned corporations and ......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ...... Bengal, A.I.R. 1975(SC) 623; Nakkuca Ali, 1951 AC 66; Abdul Latif Mirza, 31 DLR (AD) 1; Mir Abdul Baqui Baluch, 20 DLR (SC) 49; Govt. of West Pakistan Vs. Be­gum Shorish Kashmiri, 21 DLR (SC) 1. Lawyers Involved: Dr. Kamal Hossain with Aminul Huque, Advo­cates - For the Petitioner. A.K.M..

Category: Criminal Law | Date: | Hits: 108

Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)

....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......ents to show cause why detenu Yunus Ali Mintu, son of Nazir Uddin @ Nasir Uddin of College Road, Ishwardi, Upazila Ishardi, District Pabna, now detained at Pabna District Jail should not be brought before this Court so that it may sat­isfy itself that the detenu is not being held in custo­dy witho......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......89. Result: The Rule is made absolute. Cases Referred to- 18 DLR (SC) 214; 40 DLR (Dhaka) HCD 364; 31 DLR (AD) 1; 27 DLR (HCD) 496; 38 DLR (HCD) 93; 40 DLR 193, 207,358; 1988 BLD 363. Lawyers Involved: Lutfar Rahman Mondal with Bashiruddin Miah, Advocates - For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 60

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......s on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up together for disposal and this judgment would govern in all these appeals. 2. All but two appeals have bee......arded without delay to the Superintendent of the jail in which the prisoner is confined and an acknowledgment obtained. (9) Appeals from military prisoners against sentence passed on them by Court Martial must be forwarded, with a copy of the warrant, to the General Officer Commanding the Distric......@ Ayaruddin and others........................Petitioner Vs. State ........................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No...

Category: Criminal Law | Date: | Hits: 73

Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)

....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......Sessions Judge. Chittagong in Criminal Appeal No. 34 of 1995 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts relevant for the purpose of disposal of this rule, in short, are that having found the convict petitioner Md.......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ...... Vs. State, 6 MLR (AD) 259; Alamgir Hossain (Md) alias Alamgir Vs. State, 49 DLR 630; Sher Ali Vs. State, 46 DLR (AD) 67; Md Alamgir Hossain alias Alamgir Vs. State, 17 BLD (1997) 478, 49 DLR 590. Lawyers Involved: Md. Khurshid Alam Khan with Bulbul Rabeya Begum, Advocate ‑ For the Petitione..

Category: Criminal Law | Date: | Hits: 87

Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)

....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......arad Druta Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon Stat......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......bdur Rahman J Abdul Halim Ukil ....................Petitioner Vs. State........................... Opposite Party Judgment January 13, 2004. Result: The Rule is made absolute. Lawyers Involved: Rana Kawser, Advocate ‑ For the Petitioner. ABM Waliur Rahman Khan, Assist..

Category: Criminal Law | Date: | Hits: 71

Azam Reza Vs. State, 2004, 33 CLC (HCD)

....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......ulshan Police Station Case No.18(1)04 dated 10‑1‑2004 under sections 302/201 of the Penal Code now pending in the 3rd Court of Additional Metropolitan Sessions Judge, Dhaka. 2. The short facts for disposal of the Rule is that, the petitioner's wife deceased Joyanti Munshi alias Joyanti Reza c......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......sult: The Rule is discharged. Cases Referred to- Ashraf Ali Munshi Vs. State, 48 DLR 590; Ashraful Vs. State, 1 MLR (AD) 372; Major (Retd.) Khairuzzaman Vs. State, 1998 BLD 357=3 BLC 344. Lawyers Involved: Abdul Malek with Khan Saifur Rahman, Md. Abu Hanif, Md. Shajibur Rahman, Advoca..

Category: Criminal Law | Date: | Hits: 96

Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)

....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ...... Result: Leave is granted. Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 20......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......etitioner (In Criminal Petition No. 349 of 2009) Vs. The State............................. Respondents (In both the cases) Judgment: February 12, 2012. Result: Leave is granted. Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). ..

Category: Criminal Law | Date: | Hits: 70

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......lodged an FIR with the Rawjan Police Station on the same day at about 8.30 p.m. against the appellant and two others. On the basis of a police report, the appellant and two others were put on trial before the learned Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 56 of......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ...... Muzammel Hossain J Surendra Kumar Sinha J Pulin Mahajan………Appellant Vs. The State…………… Respondent Judgment January 12, 2011. Result: The appeal is allowed. Lawyers Involved: A.K.M. Shahidul Huq, Advocate on Record - For the Appellant. Momtazuddin Fak..

Category: Criminal Law | Date: | Hits: 81

Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)

....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......onal Sessions Judge, Feni in Criminal Revision No.15 of 19 should not be quashed and set aside. The learned Additional Sessions Judge by the said order allowed the revisional application and directed for holding further inquiry in respect of GR Case No.105 of 1992 of the Court of the Magistrate, 2nd......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......dgment August 19, 1997. Result: The Rule is discharged. Cases Referred to- Amjad Hossain and others Vs. State and another, 16 BLD 111; Kashem Ali Vs. State & ors, 9 BLD (AD) 13. Lawyers Involved: ANM Gaziul Hoque with Zafar Ahmed, Advocates - For the Petitioners. Md. Nazr..

Category: Criminal Law | Date: | Hits: 83

State Vs. Abul Hashem, 1997, 26 CLC (HCD)

.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......Jail Appeal No.1944 of 1992. Judgment Mohammad Gholam Rabbani J.- Accused (1) Abul Kashem, (2) Abdul Malek, (3) Majid, (4) Harun-or-Rashid and (5) Jamaluddin (absconding) were placed on trial before the Court of Sessions Judge, Mymensingh, in Sessions Case No.102 of 1992. They were charged for...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......…Petitioner Vs. Abul Hashem………………….Condemned Prisoner Judgment November 10, 1997. Result: Death References are rejected. Case Referred to- 8 BLD (AD) 109. Lawyers Involved: Syed Aba Kowser, Assistant Attorney-General - For the State (in both the Jail A..

Category: Criminal Law | Date: | Hits: 66

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......l, Nurul Islam alias Nuru under section 4(b) and 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance LX of 1983) and sentencing each of them to suffer rigorous imprisonment for 14 years and to pay a fine of Tk. 10,000.00 each, in default to suffer rigorous imprisonment for...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......ore) 507; Mumtaz Ahmed Khan Vs. State, 19 DLR SC 259; Abdul Karim Vs. State, 1981 BLD 200; Hazrat Ali and others Vs. State, 1984 BLD 257; 22 DLR 279; Mahitullah and others Vs. State, 1983 BLD 277. Lawyers Involevd: Majibur Rahman, Advocate with MA Jabbar, Advocate ‑ For Appellants. M Sham..

Category: Criminal Law | Date: | Hits: 69

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......e No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one AK Mohammad Ali lodged a First Information Report with Bogra Police Station against 13 persons including the petitioner alleging, int......e at Bhadaikandi. At the time of the alleged occurrence of 8-2-75 the petitioner was posted at the Army Head Quarter as a gunner in the Artillery Division and because of the emergency declared by the Martial Law Authority he was not allowed to leave his station and, as such, had no knowledge about t......bul Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; State Vs. Imdad Ali Bepary, 36 DLR 333; State Vs. Zahir and others, 45 DLR (AD) 163. Lawyers Involved: ANM Gaziul Haque with Zafar Ahmed, Advocates - For the Petitioner. Bazlur Ra..

Category: Criminal Law | Date: | Hits: 79

Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)

.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ing to GR Case No.12/90. The learned Sessions Judge found the accused appellant guilty of the offence under sections 395/397 of the Penal Code and convicted him the rounder and sentenced to suffer RI for 7 years and a fine of Taka 5000.00, in default to suffer RI for another 1 year more. The learned...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ents Judgment January 16, 1997. Result: The appeal is allowed. Cases Referred to- (1982) 3 Supreme Court Cases at page 38, 41 DLR 32; 19 DLR 662; 29 DLR 355; AIR 1964 (All) 290. Lawyers Involved: Syed Ziaul Karim with Md. Khurshid Alam Khan, Md. Salauddin Talukder, Syeda Mai..

Category: Criminal Law | Date: | Hits: 80

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......s namely, Alaluddin @ Alauddin, Majibor Rahman and Sadir, and two others accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life, and three other accused persons namely, Gopal Chandra Dey, A Rashid and Mirash were found ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......espondent Judgment July 17, 1994. Result: The appeal is allowed. Cases Referred to- Abdul Hakim and others Vs. State, 43 DLR 389; Ruston Ali Vs. State, 9 BLD (1989); 43 DLR 512. Lawyers Involved: Shawkat Ali Khan with Fazlul Haque Khan Farid and Md. Tamizuddin, Advocates–F..

Category: Criminal Law | Date: | Hits: 74

Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ......order of detention under section 3(1)(a) of the Special Powers Act, 1974 was passed by the Government under the signature of a Deputy Secretary, Ministry of Home Affairs, directing him to be detained for a period of 120 days. The grounds of detention were duly served on the detenu. It is further all......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ......oples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs.......................opposite parties Judgment January 6, 1994. Result: The Rule is made absolute. Lawyers Involved: Alaluddin, Advocate‑For the Petitioner. M. Shamsul Alam, Deputy Attorney..

Category: Criminal Law | Date: | Hits: 69

Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)

.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......t shall not be set aside. 2. The petitioners case, in short, is that opposite party No.1 lodged FIR with Munshiganj Police Station alleging that on 16.3.91 at about 6‑00 AM when the son of the informant went out of the hut to respond to the call of nature, at the order of accused Ali Ahmed, acc...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......Mahmudul Amin Chowdhury J Shariful Islam…………………………Petitioner Vs. Billal Hossain and the State………………………Opposite Parties Judgment July 29, 1992. Lawyers Involved: Dr. Rafiqur Rahman, with Serajur Rahman, Advocates ‑ For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 67

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......earned Munsif, Kendua Upazila dated 23.8.84 in Misc. Case No.115 of 1984. 2. Opposite parties filed an application under Order 39, rr. 1 and 2 CPC in Title Suit No.358 of 1981 which was instituted for permanent injunction in the Court of Munsif, Netrakona on various averments and the learned Muns......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ...... Pakrashi and another, 1927 Cal. 598; Mamtaz Meah Vs. Mosammat Amirunnessa, 9 DLR 444; Hatim Vs. Shah Din, PLD 1952 Lah. 77; Sultan Ahmed Howlader and others Vs. Habibur Rahman Munshi, 39 DLR 260. Lawyers Involved: Ahmed Hossain, Advocate ‑ For the Petitioners. SS Halder with Rabindra Gho..

Category: Criminal Law | Date: | Hits: 90

Khorshed Alam (Md.) Vs. Government of the Peo­ple's Republic of Bangla­desh represented by the Secretary, Ministry of Home Affairs, 2004, 33 CLC (HCD)

....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32.......anik alias Farukul Islam, son of Montaz alias Montazul Islam of village Shehlabunia, Razzak Sarak, PS Mongla, District Bagerhat now being detained in Bagerhat District­ Jail, should not be brought before this Hon'ble Court so that it may satisfy itself that he is not being detained without lawful a......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32....... Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock Labour Board and others Vs. Jaffar Imam, AIR 1966 (SC) 282; Habiba Mahmood Vs. Bangladesh, 45 DLR (AD) 89. Lawyers Involved: Kazi A Hakim, Advocate‑For the Petitioner. Md. Abdul Quadir Talukder, Assi..

Category: Criminal Law | Date: | Hits: 64