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State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......tober 6, 2009. Lawyers Involved: Forhad Ahmed, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No. 280 of 2008. (From the Judgment and order dated 11.03.2008 passed by the ...... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......que J State…………………………………………………………. Petitioner Vs. Sabu and others ..................................Respondents Judgment October 6, 2009. Lawyers Involved: Forhad Ahmed, Deputy Attorney General instructed by B. Hossain, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 71
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......tructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Baset Majumder, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 503 of 2010. (From the judgment and order dated 12.8.2010 passed by the H......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......The State……………………………………………….........Petitioner Vs. Golam Sabbir Shown………………………………......Respondent Judgment January 12, 2011. Lawyers Involved: Momtazuddin Fukir, Additional Attorney General, instructed by Mrs. Sufia Khatun..Category: Criminal Law | Date: | Hits: 98
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......ed the provisions of Section 374 of the Code of Criminal Procedure (“the Code”) requiring such sentence to be confirmed by this Court. The case record together with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No. 01 of 2006. 2. I...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......orted in BCR (1985) (AD), 298; Ansar (MD) Chan Mia Vs. State 53 DLR (AD) (2001), 115, 14; Zakir Hossain Vs. State 55 DLR (2003), 137; Siddique Munshi Vs. State 44 DLR (AD) (1992) 169 Paragraph 9. Lawyers Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawye..Category: Criminal Law | Date: | Hits: 106
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ...... an order dated 11.1.92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 rejecting that second application filed under section 344 of the Code of Criminal Procedure for staying further proceedings in the aforesaid case started under section 409 of the Penal Code re......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ...... Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1945 (Lah) 23 (FB); MS Sherif and another Vs. State of Madras, AIR 1954 (SC) 397; Thakorlal Vadilal Vs. Ambalal B. Patel AIR 1942. Lawyers Involved: Moudud Ahmed with KS Hossain, Md. Munsur Ali and Sk. Rezaul Karim, Advocates ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. .......5.88 at about 15 hours at a place near the house of the accused appellants 15 persons including the two petitioners being armed with dangerous weapons, such as, dao, lathi, fikol etc. attacked the informant and his cousin Omer Ali and assaulted them severely causing death of Omer Ali and injuries o......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......es Referred To- Abdus Salam Master and another Vs. State, 35 DLR 140; Nur Mohammad & others Vs. State, BCR (1987) 244 (9 & 16); Qumruzzaman @ Lal & others Vs. The State, 40 DLR 504. Lawyers Involved: Zakir Ahmed with Moazzam Hossain Advocates‑‑For the Petitioner. Syed JR ..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......r the Opposite Party No.1. Criminal Revision Case No. 270 of 1989. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561 A of the Code of Criminal Procedure for quashing the Petition Case No.345A‑1/89, pending in the Court of Chief Metropolitan Magistrate......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......………….Opposite Parties Judgment May 13, 1991. Cases Referred To- Asiatic Oxygen Ltd. AIR 1972 Cal 50; Harish Chandra Vs. Kavindra Narain Sina and others, AIR 1936 All (FB) 830. Lawyers Involved: Dr. Rafiqur Rahman with M A Wahab, M L Bhowmik and Emdad Chowdhury, Advocates..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......se No.1 of 1989. Judgment Abdul Hasib J.- This Rule at the instance of one Ayub Ali Mohaldar was issued calling upon the opposite party contemners to show cause why they should not be committed for contempt of Court. Contemner No.1 Mr. Md. Shahjahan is the Assistant Judge at Monirampur Upazill......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......Ayub Ali Mohaldar ............Petitioner Vs. Md. Shahjahan and others..........Opposite Parties Judgment August 14, 1990. Case Referred to- AIR 1961, Supreme Court, at page 1367. Lawyers Involved: Md. Abdur Rahim ‑ For the Petitioner. Md. Latifur Rahman ‑ For Contemner..Category: Criminal Law | Date: | Hits: 84
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......abibur Rahman Khan J.- This is a reference under section 374 of the Code of Criminal Procedure made by Mr. Md. Ansaruddin Sikder, Additional Sessions Judge, Chuadanga on 13.2.90 to this Hon'ble Court for confirmation of death sentence passed against the accused No.1 Md. Akhter Hossain alias Babul Ak......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......hers Vs. the State, 20 DLR 780; Harbar Singh Bhan Singh Vs. State of Panjab, AIR 1957 (SC) 637; State Vs. Ratan Shikder, 1969 PLD (Dhaka) 500; and Aher Raja Khima Vs. The State, AIR 1956 (SC) 217. Lawyers Involved: MM Haider Ali with Haroon Ar Rashid, Advocates ‑ For the Appellants. Shams..Category: Criminal Law | Date: | Hits: 110
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......lice Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may see...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......d Khan alias Twahid Khan & others Vs. The State & others, 1987 BLD 11; Abdul Sorhab Vs. Giasuddin and another, 34 DLR 238; MG Towab, Air Vice Marshal (Rid.) Vs. The State, 34 DLR (HC) 371. Lawyers Involved: KS Nabi, Advocate ‑ For the accused Petitioners. Amirul Kabir Chowdhury, D..Category: Criminal Law | Date: | Hits: 80
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ...... Chowdhury (In Criminal Appeal 1143 of 90) - For Appellant. Criminal Appeal No. 1180/90 with Criminal Appeal No. 1143/90. Judgment Mahmudul Amin Chowdhury J.- These two appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learn......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......ment November 19, 1991. Cases Referred To- 1962 PLD Dhaka 623 (Abdul Awal Vs. The State); AIR 1948 (PC) 82 (Gulak Chand Ragudas Vs. The State); 13 DLR (1961) 436 (MA Motalib Vs. State). Lawyers Involved: Serajul Huq with ABM Golam Mazid, Advocates ‑ For the Appellant. AKM Reza..Category: Criminal Law | Date: | Hits: 84
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77....... sections 147, 323 and 447 of the Penal Code, should not be set aside or such other order or orders passed as to this Court may seem fit. 2. The opposite party No.2 filed a petition of complaint before the Court of the Upazila Magistrate, Feni, and CR case No.85 of 1985 was started on such compla......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77....... Abedin .....................Petitioner Vs. The State ……………….…..Opposite Party Judgment May 22, 1991. Case Referred to- Rajah Ali and others Vs. State, 37 DLR 174. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Petitioner. Not represented ‑ the Op..Category: Criminal Law | Date: | Hits: 79
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......iminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RAB-1, Uttara, Dhaka lodged a First Information Report (FIR) with Gulshan Police Station on 26-10-2007 at about 20:05 hours alleging, inte......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......a J State……………….........................Appellant (In both Appeals) Vs. Amin Huda………………..................Respondent (In both Appeals) Judgment June 1, 2011. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocat..Category: Criminal Law | Date: | Hits: 112
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......nt December 14, 2008. Lawyers Involved: AA Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No.142 of 2007. (From the judgment and order dated 7th March 2007 passed by t......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......d. Joynul Abedin J Amin Mia (Md.)……………………………………...Petitioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December 14, 2008. Lawyers Involved: AA Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the..Category: Criminal Law | Date: | Hits: 89
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......minic Ltd. Vs. The Foreign Compensation and another, (1969) 1 All ER 208; Armah Vs. Government of Ghana, (1966) 3, All ER 177(178); F Hoffmann‑La Roch & Co. AG and others Vs. Secretary of State for Trade and Industry, (1974) 2 All ER 1128 (1148); Ridge Vs. Baldwin, (1963) 2 All ER 66; Wick Vs.......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......hmood and another Vs. Bangladesh and others, Writ Petition No.318 of 1991; Ferdous Nigar Hossain Vs. The Government of the People's Republic of Bangladesh and others, Writ Petition No.882 of 1991. Lawyers Involved: Rokonuddin Mahmood with Murad Reza, Advocates‑For the Petitioner (In Writ Pet..Category: Criminal Law | Date: | Hits: 88
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......assed by the learned Additional Sessions Judge, 7th Court, Dhaka in Sessions Case No.251 of 1993 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further pe...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......re J Md. Sharifullah………………………………………………..Appellant Vs. The State...….........................................Respondent Judgment April 26, 2011. Lawyers Involved: Md. Khairul Alam-For the Appellant. Biswajit Deb Nath, Deputy Attorney Gener..Category: Criminal Law | Date: | Hits: 73
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......d found the appellant Ashraful Islam and one Shahidul Islam in possession of 700 grams of heroine in a rexene bag and on query they told that the owner of the heroine was one Atiar Rahman and that aforesaid P.W.1 then prepared a seizure list and took them to custody and the case was started agains......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......……………..Appellant Vs. The State………………………………………………………......Respondent Judgment August 16, 2009. Result: The appeal is dismissed. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Syed Mahbubar Rahman, A..Category: Criminal Law | Date: | Hits: 80
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......ce Station recorded a report on 10.6.88 at 15‑30 hours which was registered as PS Case No. 7(6)88, wherein it was stated that on 11.5.88 at 13.00 hours the Chairman of Baragaon Union Parishad was informed that a dead body of an unidentified woman was found in a ditch belonging to and within the ho......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......d April 13, 1992. Result: The death penalty is affirmed. Cases Referred to- AIR 1977 (SC) 1116; 126 IC 689; 62 IC 545; PLD 1964 (AC) 813; 31 DLR 312, 16 DLR 598; AIR 1973 (SC) 2474. Lawyers Involved: AKM Zahirul Hoque, Advocate - For the Condemned Prisoner. Ruhul Amin‑II, A..Category: Criminal Law | Date: | Hits: 76
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......dul Kasem, Keyamuddin, Kalazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malik and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj in Sessions Case No.21 of 1987 and have been found g......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267....... Decision, 1953, Federal Court Page 317; Inayatullah and another Vs. State, 1966 PLD (Lah) 8; Syed Ali Vs. Nibaran Mullah, PLD 1962 (SC) 502; NLR 1984 C 321; PLD 1985 (Lah) 33; 1969 SUR 454, 1977. Lawyers Involved: Serajul Huq Advocate, with Mansurul Hoque Chowdhury Advocate, and ABM Gholam Ma..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......is Court may seem fit and proper. At the time of issuance of the Rule all further proceeding of the said case was stayed pending hearing of the Rule. 2. Facts in short as stated in the application for quashing are as follows: That the accused petitioner is one of the permanent directors and is......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......pposite Parties Judgment November 19, 1992. Cases Referred To- Farruk Ahmed Vs. Abdul Kader Chowdhury and another, 38 DLR (AD) 18; Mrs. Saleha Khatun Vs. The State, (1987) 39 DLR, 109. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman Advocates ‑ For the Petitioner. Not..Category: Criminal Law | Date: | Hits: 88
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... Kasem, Keyamuddin, Kalagazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malek, and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj, in Sessions Case No. 21 of 1987 and have been found...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......FC) page 317; Enayetullah and another Vs. The State, PLD, 1966, Lahore (WP) page 8; Syed Ali Vs. Nibaran Mullah, in PLD 1962 SC 502; Ref. NIR 1948 C. 321; PLD 1985 Lah, 33; 1969 SCMR‑454, 1977. Lawyers Involved: Serajul Huq, with Mansurul Hoque Chowdhury, ABM Gholam Mazid, Advocates‑For t..Category: Criminal Law | Date: | Hits: 68
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