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Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......t May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the fear of i......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......ll get encouragement and the innocent citizens of the country and the society as a whole will suffer. Keeping in view the Latin maxim Salus Populi Suprema Lex, the safety of the people is the Supreme Law and Salus Republicae Supreme Lex, the safety of the State is the Supreme Law, society and innoce..

Category: Criminal Law | Date: | Hits: 58

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......ns Judge, 3rd Court, Comilla in Sessions Case No. 143 of 1983 convicting the appellant Milon alias Shahabuddin Ahmed under sections 302/149 of the Penal Code and sentencing him to suffer imprisonment for life. The appellant was also convicted under section 307 of the Penal Code and sentenced to suff...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ...... 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. State, 49 DLR 590; Saad Ahmed Vs. State, 35 DLR 41. Lawyers Involved: MA Quddus, Advocate—For the Appellant. Shueb Ahmad, Assistant Attorney-Gen..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......050, 1198 of 1997. Judgment MM Ruhul Amin J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court, Barisal for confirmation of the sentence of death imposed under upon the condemned prisoner Md. Shamim @ Sha......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439........ State, 42 DLR (AD) 3; AIR 1946 PC 45; State Vs. Montu alias Nazrul Haque and 7 others, 44 DLR (AD) 287; Abdul Quddus Vs. State, 43 DLR (AD) 234; Chowla Vs. State of Haryana, AIR 1974 (SC) 1039. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Condemned Prisoner-Appellants. Shamsul ..

Category: Criminal Law | Date: | Hits: 50

Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)

....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......r Division Bench of this Division vide their order dated 17-8-2000 granted bail to the petitioners 1-3 on an application filed by them. 3. The prosecution case, in short, inter alia, is that the informant opposite party No.2 Kabir Ahmed lodged a first information report with Satkania Police Stati......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......s Vs. Haeesa Farooq & 5 others, 1994 SCMR 1283; Asghar Ali Asad Vs. Mohammed Ramzan & 3 others, 1984 Pak CrLJ (Lahore) 384; Maqbool Ahmed & another Vs. State, P CrLJ 1982 (Lahore) 724. Lawyers Involved: Enayetur Rahim with Md. Alamgir and Md. Jahangir Alam, Advocates — For the Pe..

Category: Criminal Law | Date: | Hits: 43

Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)

....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......s judgment. 2. Prosecution case, in short, is that the condemned prisoners Osena Begum and her son Babul Miah committed murder of Hazera Begum, wife of Babul Miah by severely burning her with acid for dowry. In the trial Osena Begum was charged under section 10(1) while Babul under section 10(1) ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......ya Pradesh, 1953 AIR SC 420; Momin alias Md. Mominul Hoque Vs. State, 1996 BLD 246 = 48 DLR 282; State Vs. Manna Gazi, 6 BLC 187; Paparamabak Rosamma Vs. State of Andhra Pradesh, (1999) 7 SCC 695. Lawyers Involved: Khorshid Alam Khan with Rezbaul Kabir, Md. Zulfiqur Matin and Md. Asaduzzaman, ..

Category: Criminal Law | Date: | Hits: 49

Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)

.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......88 of the Additional District Magistrate, Bogra in DAB GR Case No. 12 of 1982 convicting the accused petitioner under section 467 of the Penal Code and sentencing them to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 3...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......433, Nur Ahmed Vs. Kalimuddin Ahmed, BCR 1987 (AD) 152; Shamsuddin Ahmed Chowdhury Vs. State, 49 DLR (AD) 159; Wahida Khan Vs. Sahar Banu and another, 48 DLR 286; Sona Mia Vs. The State, 42 DLR 8. Lawyers Involved: Mansur Habib, Advocate, with Shahana Begum, Advocate‑For the Convicts-Petitio..

Category: Criminal Law | Date: | Hits: 129

A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)

....order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......nab Bibi under sections 313/109 of the Penal Code, now pending in the Court of Thana Magistrate, Horipur, Thakurgaon. 2. The complainant Joynab Bibi used to work in the Chattalla (small field used for drying paddy) of the accused a Rouf. On inducement by the accused A. Rouf that he would marry th......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......��………………………….Respondents Judgment October 25, 1999. Cases Referred To- Yusuf A Hassan Vs. Kh Rezaul Firdous, 48 DLR (AD) 53; 35 DLR 120; 36 DLR (AD) 58; 35 DLR 103. Lawyers Involved: Sheikh A Awal, Advocate—For the Petitioner. M A Rouf Assistant Attorney-Ge..

Category: Criminal Law | Date: | Hits: 43

Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)

....learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ...... Not represented — the Respondents. Criminal Appeal No. 22 of 1984. Judgment Md Hassan Ameen J. - This Criminal appeal is at the instance of the complainant appellant Nabiran Bibi praying for setting aside the order of acquittal of the accused respondent passed under section 247(2) of th......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......Islam J Md. Hassan Ameen J Nabiran Bibi…………………………………….Appellant Vs. Md. Panna Miah and others ………………Respondents Judgment May 12, 1998. Lawyers Involved: Ashfaqul Islam, Advocate — For the Appellant. Not represented — the Resp..

Category: Criminal Law | Date: | Hits: 44

State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)

....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ...... Md. Aftab Hossain, Advocate-on-Record-For the Respondent. (In Criminal Petition Nos.43-44 of 2009) Not Represented- Respondent Nos.3-4. (In Criminal Petition No.42 of 2009) Criminal Petition for Leave to Appeal Nos. 42-44 of 2009. (From the judgment and order dated 11.8.2008 passed by th......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ...... No. 42 of 2009) Ripon ................Respondent (In Criminal Petition No. 43 of 2009) Arju ................Respondent (In Criminal Petition No. 44 of 2009) Judgment October 6, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record..

Category: Criminal Law | Date: | Hits: 47

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

....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. ......0. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 284 of 2009. (From the judgment and order dated the 9th, 10th and 11th da......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. ....... Muzammel Hossain J Rakib and others……………….................Petitioners Vs. The State………………............................Respondent Judgment January 12, 2010. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate instructed by Mrs. Sufia Khatun, Advoc..

Category: Criminal Law | Date: | Hits: 38

Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)

.... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53....... Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 289 of 2009. (From the judgment and order dated the 4th clay of August, 2...... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53....... Md. Muzammel Hossain J Kazi Md. Ruhul Amin……………………….....Petitioner Vs. Abdur Rahman Chowdhury and another……….....Respondents Judgment January 13, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Nurul Islam Bh..

Category: Criminal Law | Date: | Hits: 44

Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)

....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......11, 2010. Lawyers Involved: Md. Abdur Razaque Khan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 253 of 2009. (From the judgment and order dated the 2nd day of June, 2009......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......inur Rahman J Md. Muzammel Hossain J Md. Azizur Rahman…………..............Petitioner Vs. The State and another……………......Respondents Judgment January 11, 2010. Lawyers Involved: Md. Abdur Razaque Khan, Senior Advocate instructed by Zainul Abedin, Advocate-o..

Category: Criminal Law | Date: | Hits: 55

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. ......ppellant. Death Reference No. 4 of 2000 with Jail Appeal No. 264 of 2000. Judgment Syed Mabmud Hossain J.- The learned Additional Sessions Judge, Bhola referred this matter of death sentence for confirmation under section 374 of the Code of Criminal Procedure (hereinafter referred to as Cr....... 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. ......arnataka Vs. Lakshmanaiah (1992) 2 SCC 420; Fazlul Haque Sikder Vs. State, 1 BLC 173; State Vs. Abdur Rashid, 24 DLR 18; State Vs. Badiazzaman 25 DLR 41; Gudu Mia and others Vs. State, 44 DLR 246. Lawyers involved: Md. Helaluddin Mollah, Deputy Attorney-General with Abdul Baset, Assistant Atto..

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. ......d: 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. Judgment SK Sinha J.- The Nari‑o‑Sh......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. ......Present: SK Sinha J Md. MR Bhuiyan J State ……………………………………Petitioner Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-Ge..

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. ......hishu Nirjatan Case No. 51 of 1998 convicting accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4...... 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. ......ppellant 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 Khandaker Diliruzzaman, Advocates-For the Appellant. SM..

Category: Criminal Law | Date: | Hits: 45

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

....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. ......ing upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process of law. ......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. ......red To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others Vs. State and others, 1990 CriLJ 177; and Zohoor Ahmad Vs. State, PLD 1974 Lahore 256. Lawyers involved: Rafique‑ul Huq with Rokanuddin Mahmud, Faheemul Huq and Aneek R Haque, Advoca..

Category: Criminal Law | Date: | Hits: 60

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

....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. ...... 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117......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. ......manrao Vs. Judicial Magistrate, 1st Class, Parivati Puram, AIR 1978 SC 186. Gouri Shankar Jha (Supra) and Natbor Parida and others; Raj Narayan Vs. Superintendent of Central Jail, AIR 1971 SC 178. Lawyers involved: M Amirul Islam with Tania Amir, Advocates-For the Petitioner. Md. Abdur Rez..

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. ......ent Md. Abdul Quddus J.- This Criminal Appeal No. 3105 of 2003 under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against order dated 26‑7‑2003 rejecting prayer for bail of accused‑appellant Harun‑or‑Rashid @ Harun in Nari‑o‑Shishu Case No. 639/02 by ......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. ......t Vs. State ……………………………Respondent Judgment November 19, 2003. Case Referred to- Drigraj Kuer Vs. Amarnath Singh AIR 1960 SC 444. Lawyers Involved: Forhad Ahmed, Advocate-For the Appellant. ABM Waliur Rahman Khan, As..

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. ......No. 1037 of 2000. Judgment AK Badrul Huq J.- For murder and, thereafter, disappearance of dead body of Md Jahangir Kabir Fatik, an Advocate, Ershad Ali Sikder, LM Liaquat alias Liaquat Lashkar (for short Liaquat Lashkar) , ldrish Ali Talukder alias ldris Jamai (shortly ldris Jamai), Noor Alam,......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. ......40, Md. Yakub Vs. State, 1971 SCMR 756; Lachman Singh Vs. State, 1952 SCR 839 = AIR 1952 SC 167; Naiam Faraghi Vs. State of West 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, Depu..

Category: Criminal Law | Date: | Hits: 69

Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)

....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......ause as to why the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2 as complainant filed a peti......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......7; Radha Ballav Sarker Vs. Pijush Kanti Chakravarty and another, 1987 BLD (AD) 32; Shaikh Ohadul Haque Vs. Rezaur Rahman Khan, 1987 BLD 23 = 38 DLR 105, Shah Jahan Vs. Atiqur Rahman, 1987 BLD 164. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Accused-Petitioner. Alam Uddin, Adv..

Category: Criminal Law | Date: | Hits: 38

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