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Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

.... valid play of power and when the mode of power of exercising a valid power is improper or unrea­sonable, there is an abuse of power……………………………….(40) The Constitution of Bangladesh, 1972, article 49 Materials to be supplied with the application of pardon When ...... High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Sarwar Kamal…………………………………….Petitioner Vs. State………………………………………...........Opposite Parties Judgment......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

.... Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another…………………......SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another……………………………Respondent Judgment Ap...... (From the judgment and order dated the 21st day of May, 2003 passed by the High Court Division in Writ Petition Nos.6410, 6411 of 2001; 2051, 2052, 2053 and 2054 of 2003). Judgment Md. Abdul Wahhab Miah J.- These appeals, by leave, have arisen out of the judgment and order dated 21-......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ...... Nazmun Ara Sultana J    Syed Mahmud Hossain Md.lmman Ali J         Momtaj Ali @ Babul.........................Appellant Vs. Md. Shamsul Huda..........................Respondent Judgment     ......ase is also Reported in: 20 BLC (AD) (2015) 122. ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mahbubur Rahman & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Resu......revention of Corruption Act, 1947 in connec­tion with absorption of the 11 accused-petition­ers as surplus Government employees. The accused petitioners were never Government employees. But accused Abdul Quyum. A Deputy Secretary of the Ministry of Establishment, issued a letter bearing No.এম-......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ....... Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Nurul Alam alias Nurul Alam Chowdhury.........Petitioner Vs. The State.........................................................Respondent Judgment ...... Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......bsp;           Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 of 2006) Vs. State and others... ………............................Respondents (In bot......15) 98.         ......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......diction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another……………………&helli...... a prima-facie case against the petitioner, no application under section 561A of the Code of Criminal procedure is at all maintainable...............................(17) Cases Referred to- Abdul Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) page 18; ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Somed Ali Vs. State, 2011, 40 CLC (AD)

....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Somed Ali...............................................Petitioner Vs. The State................................................Respondent Judgment Dece...... Ed. This Case is also Reported in: 9 ADC (2012) 712. ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..

Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27

Jakir Hazi Vs. State, 2011, 40 CLC (HCD)

....the place of occurrence, prepared the sketch map with index, asked the informant about the case. Thereafter, the charge of the investigation was transferred to Md. Selim Ahmed, Police Inspector, CID, Bangladesh, Dhaka vide memo No.সি, আই, ঢাকা মেট্রো/১২-৮-৩৩১......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Jakir Hazi................................Petitioner Vs. State…………………………&helli......the charge-sheet on the basis of confessional statement is baseless and proceeding against the accused petitioner is purely abuse of the process of the law.......... (12) Cases Referred to- Abdul Quadar Chowdhury Vs. State, 28 DLR (AD) 39. Lawyers Involved: Delwara Habib, Advocat......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..

Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1

Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)

....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Enayetur Rahim J Sheikh Md. Zakir Hossain J Nurul Islam (Md.)…………………………..Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Re......ion over the spot or that none else has excess to it, cannot make him liable for conviction under Section 19A and 19(f) of the Arms Act ……………………………(35) Cases Referred to- Abdul Hashem Master Vs. State, 44 DLR, 159; Abu Miah Vs. State, 7 BLC, 390; Iftekhar Hasan Chowdhury......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..

Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Ju...... sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53.     ......t Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgme......he hypothesis of delinquency should be consistent with all the fact. ……………………………….(82) Cases Referred to- Abdul Razzak Vs. State 51 DLR 87; Mofazzal Hossain Vs. State 58 DLR 524; State Vs. Rafiqullah Khan 7......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53.     ..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

Nazir Vs. State, 2011, 40 CLC (HCD)

....Ali Vs. State, 7 BLT 59 = 4 BLC 555; Ashok Kumar Saha Vs. State, 2 BLT 79 = 46 DLR 229; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Bangladesh Vs. Tan Khen Hock, 31 DLR (AD) 69; Sher Ali (Md.) Vs. State, 46 DLR (AD) 67; Alamgir Hoss......esent: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Nazir…………………………......................Petitioner Vs. State…………………………&helli......395 = 5 BLC 501; Md. Sayem Islam Vs. State, 13 MLR 155; Aslam Jahangir Vs. State, 20 BLD 426 = 5 BLC 514; Peaj; Ali Vs. State, 7 BLT 59 = 4 BLC 555; Ashok Kumar Saha Vs. State, 2 BLT 79 = 46 DLR 229; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 B...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..

Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2

Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)

.... J.- Let the supplementary affidavit shall part of the main petition. 2. One Md. Zaved Khan has filed this appli­cation under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of the order dated 6-7-2010 in Permission Petition No.76 of 2010....... ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ..

Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75

Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)

....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......me Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Alomgir Hossain alias Abdul Aziz…………………….Appellant Vs. The State…………………………………………………………..Respondent Ju...... Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76

Kazol and others Vs. State, 2011, 40 CLC (HCD)

....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Kazol and others………………………………….Appellants Vs. The State ……………………………………………...Respondent Judgment Mar......f Tk. 10,000/-, in default to suffer rigorous imprisonment for further a period of 1 (one) year more. 2. Prosecution case in short, inter alia, is that about 2(two) months before the informant Md. Abdul Halim and his sister Momtag Begum gave Taka 2,00,000.00 (Two Lac) to Kazol and Shazol for the ......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48

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

....ect of PDB in order to give work to China National Water Resources and Hydropower Engineering and Corporation hereinafter called (CWHEC) at Taka 141,65,30,296 causing loss of Taka 17,89,01,897 to the Bangladesh Govern­ment. 3. PDB invited International Tender for the aforesaid Project on 16-4-......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Re...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ....... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....persons there from and 3 other accused persons fled away; that being arrested the said accused persons disclosed that they used to work in Singapore and after return back home they were bringing into Bangladesh contraband goods in breach of prohibition or restriction on import by law through Chittag...... (Criminal) Present Mohammad Fazlul Karim CJ Md. Muzammel Hossain J Surendra Kumer Sinha J Kazi Md. Abdul Basit..........................................Petitioner Vs. The State.........................................................Respondent Judgment......in: 17 MLR (AD) (2012) 219. ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

......(21) Cases Referred to- Kanchana Kamalnathan Vs. Nagaraj, (1996) 84 Company Cases 959 Mad.; State Vs. Moyezuddin Sikder and others, 60 DLR (AD) 82; Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Zafar-ul-Ahsan Vs. The Republic of Pakistan, PLD 1960 (SC) 1......bsp;. ......; State Vs. Moyezuddin Sikder and others, 60 DLR (AD) 82; Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Zafar-ul-Ahsan Vs. The Republic of Pakistan, PLD 1960 (SC) 113; Abdul Halim Chowdhury (Md.) Vs. GMM Rahman, Managing Director, 10 BLC (HCD) 747; S A Sultan Vs. The ......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)

.... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Tariq-ul-Hakim J Sheikh Abdul Awal J Ziad Ali Gazi (Md.)………………..Accused-Appellant Vs. State………………………Respondent Judgment October 28, 2008. Result...... Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ..

Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27