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Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)

....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129....... Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs. State 43 DLR 366. Lawyers Involved: B Elias for Md. Mustafizur Rahman, Advocates — For the Petitioner. Not Represented — For the Opposite......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......egum ………Opposite Party Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs. State 43 DLR 366. Lawyers Involved: B Elias for Md. Mustafizur Rahman, Advocates — For the Petitioner. Not Rep..

Category: Criminal Law | Date: | Hits: 67

Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)

....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......cting petitioner Al-haj Nurul Alam Chowdhury under sections 447/323 of the Penal Code and sentencing him thereunder to pay a fine of Taka 400.00 and Taka 600.00 respectively, in default, to suffer SI for four months and convicting accused petitioner Md. Harun-Ur-Rashid Chowdhury under sections 447/3......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125....... Court Division (Criminal) Present: Gour Gopal Saha J Nurul Alam Chowdhury and another………. Petitioner Vs. State…………….Opposite Party Judgment August 2, 1998. Lawyers Involved: Faisal Mahmud Faizee, Advocate — For the Petitioner. Kh Mahbub Alam, Assis..

Category: Criminal Law | Date: | Hits: 68

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......s Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not b......er submission of the charge-sheet the case was registered as GR Case No.1 of 1983. When the case was pending in the Court of Sessions Judge, Noakhali for trial the case was transferred to the Special Martial Law Court No.4, Comilla by the Zonal Martial Law Administrator, Zone-D, Comilla, for trial a......€¦â€¦..Respondents Judgment November 18, 1998. Cases Referred To- 19 DLR 255; 3 DLR (FC) 518; 49 DLR (AD) 32; Md. Shafiullah Vs. State 19 DLR 255; (1890) 24 QBD 423; (Vide Halsbury’s Laws of England Hailsham Edition Vol. 9, para 212); Yusuf Ali Mulla Vs. King AIR 1949 PC 264. Law..

Category: Criminal Law | Date: | Hits: 56

State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)

.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......nd 1391 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, Kushtia for confirmation of the sentence of death imposed upon the condemned prisoner Rabiul Hossain alias R...... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370....... Referred To- State Vs. Imdad Ali Bepary, 36 DLR 333; Abdur Rashid Vs. State, 27 DLR (AD) 1; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Peoples Republic of Bangladesh and others, 50 DLR 10. Lawyers Involved: Md. Khurshed Alam Khan, Advocate-For Condemned Prisoner. Bazlur Rahman Chha..

Category: Criminal Law | Date: | Hits: 47

Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)

.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......dent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore, dispose of the Rules by this single judgment. 3. In Writ Petition No.337 of 1999 the petiti...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......r Vs. Government of East Pakistan, 22 DLR 193; 46 DLR (AD) 89; 51 DLR (AD) 84; Bangladesh and others Vs. Commercial Trust of Bangladesh Ltd. and others, 46 DLR (AD) 89; 27 DLR 597; 51 DLR (AD) 84. Lawyers Involved: Fida M Kamal, Advocate—For the Petitioners. Obaidul Hasan Shaheen, Assista..

Category: Criminal Law | Date: | Hits: 37

Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)

....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......Powers Act, (Act XIV of 1974) arises out of the order dated 3-2-99 passed by the learned Sessions Judge and Special Tribunal No.1, Rangpur in Special Tribunal Case No. 30 of 1998 pending in the Court for trial rejecting an application under section 241A of the Code of Criminal Procedure for discharg......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......thers…………..Accused-Appellants Vs. State…………………………………….Opposite-Party Judgment March 6, 2000. Case Referred To- HM Ershad Vs. State 45 DLR 533. Lawyers Involved: Mizanur Rahman with Md. Rahmat Ali, Advocates—For the Appellants. AKM Zah..

Category: Criminal Law | Date: | Hits: 47

Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)

....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ...... Ahmed, Assistant Attorney-General— For the State. Criminal Appeal No. 965 of 1995. Judgment Md. Abdul Matin J. - These appellants along with 5 (five) other accuseds were placed on trial before the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No. 43 of 1993 ......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ...... (Criminal) Present: Md. Sirajul Islam J Md. Abdul Matin J Abu Jamal and others.... Accused Appellants Vs. State……………….. Respondent Judgment May 12, 1998. Lawyers Involved: Syed Ziaul Karim with Jahangir Ahmed Khan, Advocates — For the Appellants. ..

Category: Criminal Law | Date: | Hits: 55

KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)

....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......ur Rahman, Md. Nurul Islam Manjoor and Shah Moazzam Hossain respectively should not be enlarged on bail in Lalbagh PS Case No.11 dated 4-11-95 corresponding to OR Case No. 10698 of 1975 now pending before the learned Sessions Judge, Dhaka. We propose to dispose of all the three Rules by this judgmen......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......……….Petitioners Vs. State, through the Deputy Commissioner Dhaka………..Respondent Judgment December 8, 1998. Case Referred To- Khalid Saigol vs. State, 14 DLR (SC) 321. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Habibul Islam Bhuiyan, Khondaker Mahboob Hossain a..

Category: Criminal Law | Date: | Hits: 46

Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......ion No. 55(C)/1988. Judgment AK Badrul Huq J.- The subject matter of challenge in this Rule issued on an application under section 439 of the Code of Criminal Procedure at the instance of the informant-petitioner is the judgment and order of acquittal passed upon the accused-opposite-parties i......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... 2 SCC 424; Syed Mushtaq Ahmed vs. Siddiqullah and others, PLD 1975 SC 160; Kashem Ali vs. State and others, 40 DLR (AD) 294 and Abdur Rashid Khondker vs. Chandu Master & ors, 16 DLR (SC) 605. Lawyers Involved: Syed Mahmud Hossain, Advocate — For the Petitioner. Mujibur Rahman, Advoca..

Category: Criminal Law | Date: | Hits: 42

Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)

....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......que with Kh Nazrul Islam and Maqbul Ahmed, Advocates — For the Petitioners. MA Rouf, Assistant Attorney-General — For the State. Shirin Ahmed with Faisal Mahmud Faizee, Advocate—For the Informant. Criminal Miscellaneous Case No. 3969 of 1998. Judgment Kazi Ebadul Haque J. - This......ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42....... J Md. Awlad Ali J Probir Kumar Chowdhury alias Tinku and others……………. Petitioners Vs. State………………………………. Respondent Judgment November 25, 1998. Lawyers Involved: Kh Saiful Hoque with Kh Nazrul Islam and Maqbul Ahmed, Advocates — For the Pe..

Category: Criminal Law | Date: | Hits: 33

Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)

....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......g in the 5th Court of Additional Sessions Judge, Dhaka should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, necessary for the purpose of disposal of this Rule may be summed up as follows: Mr. Chowdhury Fakruzzaman, ......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40........ Hassan Ameen J Akhter Hossain (Md.)……………Petitioner Vs. State, represented by the Deputy Commissioner………………………….Opposite Party Judgment July 26, 1998. Lawyers Involved: Khan Saifur Rahman with Syed Ziaul Karim with Md. Salahuddin Talukdar and Syeda..

Category: Criminal Law | Date: | Hits: 62

State Vs. Babul Miah, 2010, 39 CLC (AD)

....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......passed by the High Court Division in Death Reference No. 20 of 1992 heard along with Jail Appeal No.1069 of 1992.) Judgment Surendra Kumar Sinha J.- The Respondent Babul Miah was put on trial before the learned Sessions Judge, Brahmanbaria to face charges punishable under sections 302/34 and 3......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66....... Vs. Babul Miah .........................Respondent Judgment April 7, 2010. Cases Referred To- Balmakund Vs. Emperor, AIR 1931; Nishi Kant Jha Vs. State of Bihar, AIR 1969 SC 422. Lawyers Involved: A.K.M. Zahirul Haque, Additional Attorney-General, instructed by Mvi. Md. Wahid..

Category: Criminal Law | Date: | Hits: 58

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25....... 24-10-92 in respect of the petitioner without obtaining sanction from the Government should not be quashed. 2. The relevant facts, in short, are that, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night ......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......mmel Haque J ABM Khairul Haque J Kazi Obaidul Haque….………..Petitioner Vs. State, represented by Deputy Commissioner……………….Opposite Party Judgment July 8, 1998. Lawyers Involved: Sultan Ahmed, Advocate — For the Petitioner. Criminal Revision No. 1396 o..

Category: Criminal Law | Date: | Hits: 50

Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)

.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ontemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before the Court. Though apparently he had prepared the bill, but admittedly did not place it for sign...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... make any difference while the Contempt Petition emphasizes whether the contemner has committed contempt of Court by his willful disobedience to and noncompliance with order……………(20)   Lawyers Involved: Mujibur Rahman, Advocate- for the Petitioner. Dewan Makhdum, Advocate-for th..

Category: Criminal Law | Date: | Hits: 68

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224....... the Constitution of the People's of Bangladesh calling upon the respondents to show cause as to why her husband the detenu Md. Solim Ullah Solu, son of late Al-haj Chinu Miah should not be brought before this Court so that it may satisfy, itself that he is not being held in custody without lawful a......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......ome Affairs and others……………………………………....Respondents Judgment February 9, 2003. Case Referred To- Habiba Mahmud Vs. Bangladesh & others, 45 DLR (AD) 89. Lawyers Involved: Shafique Ahmed with Nitai Roy Chowdhury, Advocates‑For the Petitioner. Aha..

Category: Criminal Law | Date: | Hits: 55

Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)

.... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......ssions Judge at Jessore in session case No. 39 of 1999, which convicted him under section 19(1), Table 3 (খ) of the Narcotics Control Act, 1990, in brief, the Act, and sentenced him to imprisonment for life. 2. The prosecution case, in short, is that on 5‑11‑97 at about 9‑10 AM the police...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......……………..………..Respondent Judgment March 12, 2003. Cases Referred To- Nannu Miah Vs. State, 55 DLR 7; State Vs. Miss Eliadah Maccord, 1996 BLD (AD) 239 = 2 BLC (AD) 157. Lawyers Involved: M Shamsul Hoque Advocate-For the Appellant. Sk A Awal, Deputy Attorney-Gene..

Category: Criminal Law | Date: | Hits: 90

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......y the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported i...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......In re Thomas Power O’Connor, 1896 12 TLR 291, Near V. Minnersota Ex Rel Olson, 283 Us 696, 697, Abul Karim Sarkar Vs. The State, 38 DLR (AD) 188, L.D. Jaikwal V. State of Up, AIR 1984 S.C. 1374. Lawyers Involved: M.K. Rahman, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Reco..

Category: Criminal Law | Date: | Hits: 163

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......ated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convicting the appellants under section 409 of the Penal Code and sentencing them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 y...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......inal Appellate Jurisdiction) Present: Gour Gopal Saha J Eman Ali Mallik……………..Appellant Vs. State ………………………..Respondent Judgment January 25, 2000. Lawyers Involved: Serajul Islam, Advocate—For the Appellants. (In both the appeals) FKM Ahsa..

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......1-3-86 passed in GR case No.311 of 1985 convicting accused petitioner Jamal Uddin alias Md. Jamal Uddin under section 279 of the Penal Code and sentencing him thereunder to suffer simple imprisonment for 6 months and further convicting him under section 304B of the Penal Code and sentencing him ther......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330....... Present: Gour Gopal Saha J Jamal Uddin alias Md. Jamal Uddin……………………Petitioner Vs. State………………………….Opposite Party Judgment January 26, 2000. Lawyers Involved: Not represented—the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-Gener..

Category: Criminal Law | Date: | Hits: 37

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......ondent under section 247 of the Code of Criminal Procedure. 2. The appellant as complainant filed a petition of complaint in the court of Thana Magistrate, Jhalakati against the accused-respondent for the alleged offence under sections 406/420 of the Penal Code. The learned Magistrate on receipt ......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329....... Md. Hassan Ameen J A Jabber Howlader.……………………….Appellant Vs. Ali Akbar Howlader and State………………………………Respondents Judgment July 21, 1999. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Complainant-Appellant. Not represented ..

Category: Criminal Law | Date: | Hits: 63