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Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447........ 13 (2)91, GR Case No. 1029/91 under section 7(b) of the Special Powers Act pending in the Court of Senior Special Tribunal and Sessions Judge, Dhaka. 2. Facts in short are that the petitioner, a former Minister of the outgoing Government and Editor of the Daily Ittefaq came to know on informati......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......and others, 1985 Supreme Court Cases 144, Shambhu Nath Sarker Vs. Government of West Bengal and others, Supreme Court Cases 1973 (Vol. - 1) 856; Wicks Vs. Director General of Public Prosecution, 1914 Law Report (PC) 302; RP Kapor Vs. State of Punjab, AIR 1960 (SC) 847; 15 DLR (SC) 150; 23 DLR (AD) 3..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ...... 1985. Judgment Habibur Rahman Khan J. - The accused appellant Tariq Habibullah has been convicted under section 302 of the Penal Code and sentenced thereunder to suffer rigorous imprisonment for life by the Additional Sessions Judge‑In‑Charge, 4 Court, Dhaka in Sessions Case No. 1207 of......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. .....................Appellant Vs. The State.............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: Aminul Huq with Nizamul Hoque and Md. Nurul Islam Sujan, Advocates ‑ For the ..Category: Criminal Law | Date: | Hits: 116
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417....... 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the disposal of the Rule are: The opposite party No. 1 as complainant filed a petition of compla......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......red to- Abdul Quader Chowdhury & ors. Vs. State 28 DLR (AD) 38; Dhirendra Nath Bera Vs. Nurul Huda & ors, AIR 1951 (Cal) 133 (1713); Pramatha Nath Vs. The State, AIR 1951 Calcutta 581. Lawyers Involved: Abdul Hamid Chowdhury Advocate ‑For the Petitioner. ABM Nurul Islam Advoca..Category: Criminal Law | Date: | Hits: 70
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement withÂin 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......n-Record-For the Petitioners (In all the Cases) Ms. Ok-Kyung Oh (in person)-For Respondent No.3. (In all the Cases) Not represented-For Respondent Nos.1-2. (In all the Cases) Civil Petition for Leave to Appeal No. 1246 of 2010. (From the judgment and order dated 8.3.2010 passed by the H....... 3 is also directed to file the concise statement withÂin 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......……………………………Respondents (In Civil Petition Nos.1246 and 1712 of 2010) Order November 11, 2010. Case Referred To- State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604. Lawyers Involved: Registrar, Joint Stock Companies and Firms and others-Respondents (In Civil Pet..Category: Criminal Law | Date: | Hits: 70
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ...... Judgment Habibur Rahman Khan J.- This reference being Death Reference No.12 of 1987 has been made by Mr. MG Mostafa, Sessions Judge, Kushtia under section 374 of the Code of Criminal Procedure for confirmation of sentence to death by hanging by neck till his death while convicting Md. Farid K......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ....... State, 1986 BLD 436; Juma alias Jamal Vs. The State, 11 DLR (WP) 58; Abdur Rouf and others Vs. State, 38 DIR 188; Hamzo Vs. The State, 1960 PLD (Karachi) 817; Safar Ali Vs. The State, 36 DLR 185 Lawyers Involved: Shah Azizur Rahman, Assistant Attorney General ‑ In support of Reference. ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......gment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answer a char......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......@ Malaker & others..............Appellants Vs. The State……………………………………………………………………………..Respondent. Judgment June 26, 1990. Lawyers Involved: Abdul Hamid Chowdhury ‑ For the Appellants. Enamul Hoque ‑For the State...Category: Criminal Law | Date: | Hits: 67
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......ssed by learned Additional Sessions Judge, Pirojpur, in Session Case no. 29 of 1989 convicting the appellant in absentia under Section 326A of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case as projected in the First Information Report and unfurled at t...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......Cases Referred To- Alamgir Vs. State, 1992 BLD 472; Fazlul Huq Vs. State 1 BLC-558; Kayembuddin (Md.) Vs. State 14 BLC 59; Rehatullah Vs. State, 13 DLR 750; The State Vs. Basirullah,16 DLR 189. Lawyers Involved: Joya Battacharia, Advocate-For the appellant. Md. Moniruzzaman, Assistant At..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......hia Police Station Case No. 6(3)92 corresponding to G.R. No.30 of 1992 convicting the appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that one Saiful Islam, brother of the deceased, ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......sain & 2 others……………………..Appellant Vs. The State……………………………………………………………..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensan..Category: Criminal Law | Date: | Hits: 69
Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......o. 12, Dhaka in Special Tribunal Case No. 63 of 1989. 2. The prosecution case in short is that on 23.11.87 at about 9 AM ten accused persons along with others numbering 20/25 raided the house of informant Dilu Mia at 6‑D/7‑2, Mirpur and searched for the informant. As the informant was out fro......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......sent: Abdul Bari Sarker J Khokan, son of Shah Alam………...............Appellant Vs. The State.............................................Respondent. Judgment July 29, 1990. Lawyers Involved: GS Huq, Advocate ‑ For the Appellants. Salma Masud, Advocate ‑ For the S..Category: Criminal Law | Date: | Hits: 67
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......ocates ‑For the Petitioner. M. Shasul Alam, Deputy Attorney General ‑ For the State. Criminal Miscellaneous Case No. 54 of 1991. Judgment Abdul Bari Sarker J. - This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. The petitioner Zulf......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...........................Opposite Party. Judgment February 12, 1991. Cases Referred to- Sh. Zahoor Ahmed Vs. State, PLD (1974) Lahore 256; Golam Sarwar Kamal Vs. State, 1985 BLD (AD) 110. Lawyers Involved: Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑For the Peti..Category: Criminal Law | Date: | Hits: 61
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... 338 of 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Mun......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......an J Mohammad Ismailuddin Sarker J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the O..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......fficer‑in‑charge of the Durgapur Police Station took up investigation, went to the place of occurrence, prepared the inquest report and sent the dead body to the Rajshahi Medical College Hospital for post‑mortem examination. Police after investigation submitted charge sheet against the accused......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ................................Opposite Party. Judgment February 15, 1990. Cases Referred to- Zeheda Bewa and another Vs. The State, 37 DLR at page 66; AIR 1936 Privy Council at page 253. Lawyers Involved: Lutfur Rahman Mondal, Advocate ‑ For the Petitioner. Not represented-the O..Category: Criminal Law | Date: | Hits: 74
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279........89 passed by Mr. MH Bhuiyan, Sessions Judge, Barguna in Criminal Revision No. 8 of 1988 under sections 435 and 438 of the Code of Criminal Procedure. 2. The short facts of the case are that the informant Kasem Ali lodged a First Information Report in Barguna police station on 4‑7‑87 to the e......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......thers, 28 DLR 1; Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58; Falak Sher and others Vs. State, 19 DLR (SC) 426; Abdul Hossain Sana Vs. Swalal Agarwala, 14 DLR (SC) 96. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. AKM Zahirul Huq with MA R..Category: Criminal Law | Date: | Hits: 66
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......cused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the informant along with 6 or 7 others includ......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...............Respondent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: Serajul Huq, with Md. Munsurul Hoq Chowdhury and ABM Golam Majid, Advocates- Fo..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......gment Abdul Bari Sarker J. - This Rule was issued on the basis of Memo No. 428 dated 6.12.78 of the Court of District Judge, Jhalakati. By the above name, the District Judge, Jhalakati recommended for drawing up contempt proceeding against the contemners Joynal Abedin and Abdul Malek Sardar for m......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......i Sarker J Abdul Hasib J State...................................................Petitioner Vs. Joynal Abedin and another......................Other Party. Judgment May 17, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney General with AKM Zahirul Haque, Advocate ‑For..Category: Criminal Law | Date: | Hits: 64
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......ference Case No. 3 of 1988 Judgment Bimalendu Bikash Roy Choudhury J. - This reference has been made by the learned Sessions Judge, Bakerganj under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed on accused Kalu Bepari under section 302 of the Pen......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ...... Bimalendu Bikash Roy Choudhury J Md. Mozammel Hoque J State...........................Petitioner Vs. Kalu Bepari...................Opposite Party. Judgment January 30, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Obaidur Rahman Mostafa, Assistan..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, Assistant Attorney General ‑ For the State. Courts Order No. 1 of 1990 Judgment Muhammad Ansar Ali J. - This is an application for condonation of delay in filing a Criminal appeal under section 30 of the Special Powers Act. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ...... Rahman Gul Vs. The State, 23 DLR (Peshwar) 12; Rustom Ali Mia Bhuiyan Vs. The State, 9 DLR 424; Abul Hossain and others Vs. The State, 37 DLR 59; Bangladesh Vs. Shahjahan Seraj, 32 DLR (AD) 1. Lawyers Involved: Md. Abdul Majid, Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, ..Category: Criminal Law | Date: | Hits: 70
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ...... 1987 by the Sessions Judge, Dhaka affirming the conviction under section 448 of the Penal Code but modifying the sentence to a fine of Taka 1,000.00 only, in default, to suffer rigorous imprisonment for three months from a fine of Taka 10,000.00 only and in default, to suffer rigorous imprisonment ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......Sant and another Vs. Union of India, AIR 1962 (Himachal Prodesh); Narayan Singh and another Vs. Panja Lal, AIR 1940 Lahore 460 & Nani Gopal Deb and another Vs. Bhima Charon Raskil, 59 CWN 688. Lawyers Involved: Aminul Haque with Md. Nizamul Huq, Advocates ‑For the Petitioner. MA Zaman..Category: Criminal Law | Date: | Hits: 59
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ...... For the State. Criminal Miscellaneous Case No. 356 of 1991. Judgment Anwarul Hoque Choudhury J. - This Rule arises out of an application under section 526 of the Code of Criminal Procedure for transfer of Special Tribunal Case No. 60 of 1991 now pending in the Court of Senior Special Trib......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: Sirajul Huq with Kazi Shahadat Hossain, Mofizur Rahman Majumder, Sk. Rezaul Kar..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ...... 1987 and 188 of 1987 convicting all the accused‑appellants under sections 304, Part 11/34 of the Penal Code and also to pay a fine of Tk. 5,000/‑ each, in default to suffer rigorous imprisonment for one year more. A case being UD Case No. 10 of 1986 was Started on the death of one Shafiqul Isla......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......t April 25, 1990. Cases Referred to- State of Behar Vs. Lat. Mahto, AIR 1955 Pat. 161; Abdus Saltar Vs. State, PLD 1979 Kar 72; Bhagawat Singh & another Vs. Emperor, AIR 1929 Pat 65. Lawyers Involved: Shawkat Ali Khan with AKM Fazlul Huq Khan, Advocates ‑ For the Appellant (In ..Category: Criminal Law | Date: | Hits: 87