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Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)

.... absolute. The above submission merit considera­tion. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60.......(Criminal) Present: Md. Tafazzul Islam J Md. Abdul Aziz J BK Das J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Zahidul Islam..............................Petitioner Vs. Md. Kamal Hossain and another .........Respondents Judgment November 16, 2009. Law...... paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60....... absolute. The above submission merit considera­tion. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60...

Category: Criminal Law | Date: | Hits: 39

Rakib and others Vs. State, 2010, 39 CLC (AD)

....etitioner Nos.1 and 2 and fine of TK. 3,000.00 only upon petitioner No.3 which he has paid already. 2. The facts involved in the case, in short, are that on 29.07.2002 after watching the news from Bangladesh Television, at about 8 P.M. Shahabuddin having gone out of his house went to a tea stall ......late Division (Criminal) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Rakib and others……………….................Petitioners Vs. The State………………............................Respondent Judgment January 12,......e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ..

Category: Criminal Law | Date: | Hits: 38

State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)

....by the High Court Division in Criminal Miscellaneous Case No.6416 of 2009). Order Mohammad Fazlul Karim J. - This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 29th day of October, 2009 passed b......n (Criminal) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J The State...........................Petitioner Vs. A.K.M. Rafiqul Islam ………….......Respondent Order February 4, 2010. Lawyers ......hall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......aper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55...

Category: Criminal Law | Date: | Hits: 42

Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)

....f 2005 with Criminal Appeal No.1439 of 2005 and Jail Appeal No.344 of 2005). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated the 18th, 19th and 20th day of November,...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mamun Sheikh Mamun.................................Petitioner Vs. The State…………...........................................Respondent Order April ......lier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21....... of paper books is dis­pensed with as prayed for. The period of order of stay granted ear­lier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21...

Category: Criminal Law | Date: | Hits: 49

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. ...... State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to- Abdul Motaleb Howlader Vs. State, 6 BLC (AD)1; State Vs. Fazu Kazi alias Fazlur Rahman and others, 2...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)

....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......) 355. ......ment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant Attorney-General-For the State. Md. Abdul Haque, Advocate-State Defence Lawyer for the Respondent. Death Reference No. 33 of 2001. ......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..

Category: Criminal Law | Date: | Hits: 43

Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)

.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Gour Gopal Saha J Zubayer Rahman Chowdhury J Masud Mia (Md.) ……………………Appellant Vs. State ………………………………………Respondent Judgment December 7, 200......howdhury J Masud Mia (Md.) ……………………Appellant Vs. State ………………………………………Respondent Judgment December 7, 2003. Case Referred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with K...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..

Category: Criminal Law | Date: | Hits: 45

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....l J Nurul Islam Babul (Md.)…………………Petitioner Vs. State………….……………………………………Respondents Judgment April 4, 2004. Cases Referred To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others V......04) 347. ......he Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..

Category: Criminal Law | Date: | Hits: 60

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....C 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117; Aftabur Rahman @ Jongi Vs. State, 45 DLR 593, Khandkar Mustaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222, Lakshmanrao Vs. Judicial Magistrate, 1st Class, Parivati Puram, AIR 197......reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..

Category: Criminal Law | Date: | Hits: 70

Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)

....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J AFM Abdur Rahman J Harun‑or‑Rashid………….Appellant Vs. State ……………………………Respondent Judgment November 19, 200......ation and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..

Category: Criminal Law | Date: | Hits: 72

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ...... Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003...... Bengal (1998) 2 SCC 45, Al‑Amin and others Vs. State, 51 DLR 154. Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General with Md Helaluddin Mollah, Deputy Attorney-General with Md Abdul Baset, Assistant Attorney-General and Ms Fara Mahmuda, Assistant Attorney-General-For the Stat......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..

Category: Criminal Law | Date: | Hits: 69

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

...., also, a crime against basic Human Right and is violative of victim's most cherished Fundamental Right that is Right to Life enshrined in Article 32 of The Constitution oil' the People's Republic of Bangladesh. 2. An intensely appalling nature of a case tabled by prosecution and accepted by Spec......HCD) (2004) 285.......) 2 SCC 622; Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs. State, 49 DLR 349. Lawyers Involved: Shamsuddin Babul with JBM Hassan, Advocates­-For the Appellant. Md Abdul Baset, Assistant Attorney-General-For the State-Respondent. Farida Khan with Masuda Rehana ......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...

Category: Criminal Law | Date: | Hits: 64

Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)

.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... High Court Division (Criminal Appellate Jurisdiction) Present: Khademul Islam Chowdhury J Aftal Hossain Ahmed J Kazi Ali Zahir alias Elin and others........Appellant-Petitioners Vs. State..............................................Opposite Party Judgment April 11, 20......; Mohiuddin Howlader Vs. State, 1994 BLD 82; Shamsul Haque Ladu and another Vs. State, 2000 BLD 531 = 5 BLC 550; Nozrul Islam @ Monto Vs. State, 1999 BLD 188 = 50 DLR 103. Lawyers Involved: Md. Abdul Alim Miah, Advocate-For the Appellant‑Petitioners. Sheikh A Awal, Deputy Attorney-General...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..

Category: Criminal Law | Date: | Hits: 48

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judg......reme Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents ...... DLR (AD) 170. Lawyers Involved: MK Rahman with Md. Ruhul Quddus Advocate-For the Petitioner. MA Azim Khair, Deputy Attorney‑General with Ahsan Mahbub, Assistant Attorney‑General and Md. Abdul Quadir Talukder Assistant Attorney‑General‑For the Respondents. Writ Petition No. 1071 ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..

Category: Criminal Law | Date: | Hits: 63

State Vs. Shah Alam, 2003, 32 CLC (HCD)

.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......HCD) (2004) 232. ..........................Petitioner Vs. Shah Alam..................Condemned Prisoner Judgment November 10, 2003. Cases Referred to- Abul Kashem and others Vs. State, 1990 BLD (AD) 210; Abdul Khaleque and others Vs. State 48 DLR 446. Lawyers Involved: Golam Kibria, Deputy Attorne...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..

Category: Criminal Law | Date: | Hits: 54

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......2004) 218. ......both cash and kind worth being about Taka 6,35,300. They caused injuries during the commission of dacoity to the father of the informant. The number of dacoits were 25 to 45. The brother of informant Abdul Kashem alias Abu recognised with electric light Shamsul Alam, son of late Bacha Miah of villag......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......CD) (2004) 213. ......ion on 10‑7‑1998 against 4 accused including accused opposite party No.2 Samir alleging, inter alia, that out of previous enmity on 10‑7‑1998 in the morning while the informant and his father Abdul Aziz Khan were cultivating in the land of Chand Miah, the four accused mentioned in the first ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..

Category: Criminal Law | Date: | Hits: 82

Rezia Khatun Vs. State, 2004, 33 CLC (HCD)

....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......08....... Salma Masud Chowdhury J Rezia Khatun…………………..Petitioner Vs. State……………………………….Opposite Party Judgment March 13, 2004. Case Referred to- Abdul Hamed Mollah Vs. Ali Mollah 44 DLR (AD). Lawyers Involved: Khurshid Alam Khan, Advocate-......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...

Category: Criminal Law | Date: | Hits: 39

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......LR (HCD) (2004) 185. ......te AIR 1979 SC 569, Pira Singh Vs. State of Punjab, AIR 1969 SC 961, Lachhi Ram Vs. State of Punjab, AIR 1967 SC 792. Lawyers Involved: Nikhilesh Dutta, Assistant Attorney-General with Mohammed Abdul Baset, Assistant Attorney‑General and Fara Mahmuda, Assistant Attorney-General-For the State......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..

Category: Criminal Law | Date: | Hits: 110

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

...........Appellants Vs. State represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others V......D) (2004)174. ....... Emperor, AIR 1945 PC 118; Chand Mia alias Chan Mia Mondal and others Vs. State 42 DLR (AD) 3. Lawyers Involved: Muzibur Rahman with Syed Ziaul Karim, Advocates-For the Appellants. Mohammed Abdul Baset, Assistant Attorney­ General-For the State-Respondent. Criminal Appeal No. 3040 of 2......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..

Category: Criminal Law | Date: | Hits: 54