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Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......ah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my lea......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......1916 PC 242; Gopinath Ghosh Vs. State of W B, 1984 Supp SCC 228; Jitendra Singh @ Babboo Singh Vs. State of UP, (2010) 13 SCC S23 and Abdul Monem Chowdhury alias Momen Vs. State, 47 DLR (AD) 96. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate with Khurshid Alam Khan, Advocate i..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus Samad, son of Md. A. Rahman, fu......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......s. The State, 60 DLR (AD) Page-1; Rehela Khatun Vs. Abul Hasan and others, 48 DLR (AD) Page 213; Liton Vs. the State and others, 48 DLR (HCD) Page 102; Md. Shokrana Vs. the State, 21 BLD 296. Lawyers Involved: A.K.M. Shamsul Huq, Advocate - For the Petitioner. Mohammed Ali Jinnah, ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....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. ......amining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwis......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. ......6 (FC) 43 = 8 DLR (FC) 24; Gul Hassan Vs. State, 21 DLR (SC) 109; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; ACC Vs. ATM Nazimullah Chowdhury, 62 DLR (AD) 25; ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 44. Lawyers Involved: Md. Tamizuddin, Advocate with SM Zafar Sadeque, Advocate and Md. Ali, Advocat..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....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. ......: The appeals are allowed. Maintainability of writ petition where specific criminal case has already been started When a specific criminal case is started and now pending before the concerned Special Tribunals, the criminal case should be resolved there. If the party wh......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. ......Court Division should not entertain the writ petitions and if any Rule is issued therein that should have been discharged on the ground of maintainability…………………………(20) Lawyers Involved: Rajik-al-Jalil, Deputy Attorney-General instructed by B Hossain, Advocate-o..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. ......ed by looking at the material contradictions in his testimony from the FIR.......... (15) Justice would be best served if the sentence awarded against the appellant is altered into one for imprisonment for life with fine. The appellant could not be solely saddled with the "s......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. ......9(nine) years, 6(six) months and 9(nine) days. Justice would be best served if the sentence of awarded against the appellant is altered into one for imprisonment for life with fine..........(16) Lawyers Involved: Sarwar Ahmed, Advocate—For the Appellant. Karunamoy Chakma, Deputy..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... Judgment April 1, 2012. Result: The appeal is dismissed. Nari-o-Shishu Nirjatan Daman Ain, 2000. Section 7 of the Ain, 2000 concerns abduction of any woman or child for any of the purposes mentioned in section 5 of the Ain. Section 8 of the Ain, 2000 concerns the o...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......l Judge will be bound to take into account the fact that the accused persons are already undergoing their sentences awarded to them for the selfsame occurrence………..(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellants. Sorwar Ahmed..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......ittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearing of the case, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day. ............rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......ure of allegation made in the petition of complaint it is correct to say that if the proceeding is continued further, it would be nothing but an abuse of the process of the Court............(17) Lawyers Involved: AKM Faiz, Advocate—For the Petitioners. Gazi Md. Mamunur Rashid, A..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......Record-For the Respondent No.1. (In all the cases) Rafique-ul-Huq, Senior, instructed by Md. Shamsul Alam, Advocate-on-Record—For Respondent No.2. (In all the cases) Criminal Petition for Leave to Appeal Nos. 266-69 of 2011. (Form the judgment and order dated 28-9-2010 passed by...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......spondent (In at the cases) Judgment March 12, 2012. Result: The petitions are disposed of. Case Referred to- Ramashraya Chakrabarty Vs. State of MP AIR 1976 SC 392. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. (In all ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
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. ......994 about quashment of the proceeding of Special Case No.9 of 1993, then pending in the Court of Divisional Special Judge, Dhaka. Further proceeding of that case was also stayed. 2. Facts relevant for disposal of the Rule are briefly stated below:- An Inspector of the Beauru of Anti Corruptio......rious posts under Land Ministry. 16. Against such allegations, the petitioners have filed photo copy of a letter dated 21-4-1982 showing the decision of the meeting presided over by the then Chief Martial Law Administrator wherein a decision was taken for abolition of the জাতীয় যু......efit of absorption under the Ordinance 1985. On the other hand a চাকুরীচ্যুত কর্মচারী will not get the said benefit of absorption……………………(20) Lawyers Involved: K.M. Hafizul Alam, Advocate - For the Petitioner Nos.2, 3 and 6. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......1898 (Act No. V of 1898); section 561A Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......Court or otherwise to secure the ends of justice. But the exercise of the inherent power must necessary depend on the facts and circumstances of each particulars case……………………(20) Lawyers Involved: Rahmat Ali, Advocate - For the Petitioner. KM Zahid Sarwar Deputy Attorney-..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
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. ...... Lawyers Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed......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. ......ry.........Petitioner Vs. The State.........................................................Respondent Judgment March 1, 2012. Result: The petition is dismissed. Lawyers Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Adv..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. ......lip;…............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Div......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......an Vs. State, 15 DLR (SC) 51; Nausher Ali Sarder Vs. State, 1987 BLD (AD) 324 = 39 DLR (AD) 194; Abed Ali Vs. State, 1990 BLD (AD) 89 = 42 DLR (AD) 171 and Abul Khair Vs. State, 44 DLR (AD) 225. Lawyers Involved: SM Shahjahan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—..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. ......r…………………………Opposite parties Judgment January 26, 2012 Result: The Rule is discharged. When First Information Report discloses a prima-facie case against the petitioner, no application under section 5......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. ......l Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) page 18; Salma Khatun Vs. The State, 38 DLR page 348; Habibur Rahman Mollah Vs. The State, 62 DLR (AD) 233. Lawyers Involved: M. Amirul Islam, Senior Advocate with Md. Shamim Haider Patwary, Advocate - F..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. ......Division Bench of the High Court Division in Death Reference No.129 of 2003 heard along with Jail Appeal No.614 of 2003 rejecting the reference and dismissing the jail appeal. 2. Facts necessary for disposal of this jail petition are that the condemned petitioner was put on trial before the Ses......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. ...........................Petitioner Vs. The State................................................Respondent Judgment December 15, 2011. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zo..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....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. ...... the opposite-parties to show cause as to why the proceeding of GR No.176 of 2008 corresponding to Kotowali Police Station Case No.05 dated 02-4-2008 under section 420 of the Penal Code now pending before the Metropolitan Magistrate Court, Dhaka should not be quashed. 2. Brief facts necess......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. ...... 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, Advocate—For the Petitioner. Bashir Ahmed, Assistan..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. ......ing at the spot pointed out by him, in the absence of any evidence or circumstances to show that he had exclusive possession 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) ......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. ......Arms Act ……………………………(35) Cases Referred to- Abdul Hashem Master Vs. State, 44 DLR, 159; Abu Miah Vs. State, 7 BLC, 390; Iftekhar Hasan Chowdhury Vs. State, 47 DLR 451. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Mosharraf Hossai..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. ......ate Acquisition and Tenancy Act, 1950 is not a court, although the same officer acting in a proceeding under section 144 of the said Act is a court in view of Rule 39 of the Tenancy Rules, 1955. Therefore, filling of forged documents before the Revenue Officer acting under section 143 in mutation pr......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. .........(6) Cases Referred to- Shahera Khatun Vs. Abdur Rahim Sheikh, 13 BLC (AD) 24; Abul Hossain Vs. State, 55 DLR (AD) 125; Chitta Ranjan Das Vs. Shashi Motion Das, 56 DLR 276=9 MLR 133. Lawyers Involved: No one appears—For the Accused-Petitioner. KM Zahid Sarwar, Deputy..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. ......ed-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or any rate ......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. ...... so established they must form such a compete chair what is only consistent with the guilt font is inconsistent with any reasonable hypothesis of innocence.” ................... (74) Law is now well settled that suspicion on or doubt however strong it might be can not take place of ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Nazir Vs. State, 2011, 40 CLC (HCD)
.... 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. ......;………………………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code...... 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. ...... (AD) 69; Sher Ali (Md.) Vs. State, 46 DLR (AD) 67; Alamgir Hossain Vs. State, 49 DLR 630; Abu Taleb Vs. State, 59 DLR (AD) 93; Amir Hossain Howlader Vs. State, 4 BLD (AD) 193 = 37 DLR (AD) 139. Lawyers Involved: Md. Shah Alam Dewan, Advocate—For the Petitioner. Md. Shohrowardi,..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Act, he/she can prefer appeal before the person designated or authority within 30(thirty) days. In the instant case no one went to t......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......been caused in all possibilities due to misjudgment or lack of due care short of criminal intent and motive on the part of the person or persons who took the decision........................(39) Lawyers Involved: Main Uddin, Advocate—For the Appellant. Harunur Rashid, Advocate&m..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3