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State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......assaulting deceased Abdul Mabud Master. Abdul Mabud Master was then carried home a seriously injured condition and thereafter he was removed to hospital where he succumbed to his injuries The first information report was drafted on the dictation of victim Abdul Mabud Master When he was undergoing tr......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......J State……………………………. Appellant Vs. Rashid Ahmed & others....................... Respondents Judgment January 6, 2002. Result: The appeal is allowed. Lawyers involved: Sk Rezaul Karim, Assistant Attorney-General — For the Appellant. Not repre..

Category: Criminal Law | Date: | Hits: 76

Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)

....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ...... arising out of Jamalpur PS Case No. 4 dated 10-11-89 corresponding to GR Case No.151(2)/1989 convicting and sentencing the accused under section 376 of the Penal Code to suffer rigorous imprisonment for 10 years with a fine of Taka 1,000.00 in default to suffer Rigorous Imprisonment for a further p......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......ment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC 320. Abu Taher Chowdhury Vs. State, 42 DLR (AD) 253. Lawyers Involved: Sultan Ahmed, Advocate—For the Appellant. Not represented — the State. ..

Category: Criminal Law | Date: | Hits: 32

Mohammad Ali Vs. State, 2000, 29 CLC (HCD)

.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......se No.60 of 1995 arising out of GR No.18 of 1990 corresponding to Dhunat PS Case No. 6(4)90, convicting him under sections 395/397 of the Penal Code and sentencing him to suffer rigorous imprisonment for eight years and to pay a fine of Taka 2,000.00 in default to suffer rigorous imprisonment for a ...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......nt: Md. Fazlul Haque J Md. Hassan Ameen J Mohammad Ali……………………….Appellate Vs. State……………………………….Respondent Judgment April 4, 2000. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Accused Appellant. KM Saifuddin ..

Category: Criminal Law | Date: | Hits: 89

Abul Hossain Vs. State, 2000, 29 CLC (HCD)

....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222....... Not represented- the Opposite Party. Criminal Miscellaneous Case No.1293 of 2000. Judgment Md. Hamidul Haque J. - This is an application under section 561A of Code of Criminal Procedure for setting aside the order dated 1-2-2000 passed in Criminal Revision No.83/99 by the learned Sessi......nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222....... ABM Khairul Haque J Abul Hossain……………………………Petitioner Vs. State………………………………………Opposite Party Judgment February 27, 2000. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam and Shahidul Islam, Advocates- For ..

Category: Criminal Law | Date: | Hits: 42

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

.... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266.......ies. Criminal Miscellaneous Case No. 6693 of 2001. Judgment AK Badrul Huq J. - The detenu Md. Aftab Hossain is under Preventive Detention in Barisal District Jail. The detenu stood arraigned for offence punishable under section 19(a) and (f) of the Arms Act, 1878 in Kotwali Police Station C...... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266.......etariat & ors…………………………….. Opposite Parties Judgment September 24, 2001. Case Referred To- Malik Golam Jilani vs Government of West Pakistan, 19 DLR (SC) 403. Lawyers Involved: Yusuf Hossain Humayun, Advocate—For the Petitioner. Syed Abu Kowser, Assis..

Category: Criminal Law | Date: | Hits: 39

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......ed Additional Sessions Judge, 1st Court, Tangail in Sessions Case No. 102 of 1991 convicting the appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Taka 5,000 each in default to suffer rigorous imprisonment for 2(two) ye......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......244; Nurjahan Begum vs. State,1988 BLD 389= 40 DLR 321; State vs. Mizanul Islam @ Dablu and another 1988 BLD 317 = 40 DLR 58; A Karim vs. State 1981 BLD (AD) 200, Sarwar Kamal vs. State 48 DLR 61. Lawyers Involved: Shawkat Ali Khan with Faziul Haque Khan Farid and Md Amzad Hossain, Advocatesâ€..

Category: Criminal Law | Date: | Hits: 42

Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)

....stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......r section 138 of the Negotiable Instruments Act of 1881, stating, inter alia, that the accused petitioner took loan of taka 10, 00,000 (ten lac) only from the complainant opposite party on 25-10-1999 for three months only. This transaction was made in the office of the opposite party No.1. But the a......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......-Parties Judgment March 10, 2002. Cases Referred To- Mir Mohammad Ali vs. State 46 DLR 175; SM Anwar Hossain vs. Md. Shafiqul Alam (Chand); another 1999 BLD (AD) 166 = 4 BLC (AD) 106. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Petitioner GS Hoq—For the Oppos..

Category: Criminal Law | Date: | Hits: 62

Kashem Vs. State, 2001, 30 CLC (HCD)

....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......t of GR Case No. 439(2) and Bhairab Police Station Case No. 5(4)95 dated 17-4-95, convicting accused appellant Kashem under section 19(A)(f) of the Arms Act and sentencing him thereunder to suffer RI for 10 years and to pay a fine of Taka 3000, in default, to suffer RI for a further period of one ye......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......minal Appellate Jurisdiction) Present: Gour Gopal Saha J Md. Nizamul Huq J Kashem ……………Appellant Vs. State………………Respondent Judgment July 15, 2001. Lawyers Involved: Firozur Rahman Mullah, Advocate—For the Appellant. AQ Rashid Ahmed, Assist..

Category: Criminal Law | Date: | Hits: 37

Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)

....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......d by Mr. AKM Sadeque, Sessions Judge, Tangail in Sessions Case No.111 of 1984 convicting appellant No.1 Joynal Bhuiyan under section 302 of the Penal Code and sentenced him thereunder to imprisonment for life and convicting appellant No.2 Sultan Ali Bhuiyan under section 201 of the Penal Code and se......d 9 years and a son aged 7 years out of the said wedlock. The appellant No.1 divorced her 2 years before the occurrence and married his maternal cousin. Deceased Joynab Banu brought a case before the Martial Law Court over the same and under the said pressure a salish was held and the appellant No.1......Chowdhury J Md. Abdul Aziz J Joynal Bhuiyan & another…………………Appellants Vs. State…………………………………… Respondent Judgment January 4, 2000. Lawyers Involved: Amjad Hossain, Advocate—For the Appellants. Shueb Ahmed, Assistant Attorne..

Category: Criminal Law | Date: | Hits: 28

State Vs. Moslem, 2002, 31 CLC (HCD)

....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......he train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularl......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......…………………………………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Others Vs. State, ..

Category: Criminal Law | Date: | Hits: 82

Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)

....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......- This Rule was issued calling upon the opposite parties to show cause as to why the detenu Abul Hossain Mia @ Abul Hossain Pada & Abul Pada detained in Dhaka Central Jail should not be brought before this Court to be dealt with in accordance with law. 2. The detenu was detained by order date......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......ury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment October 27, 1999. Lawyers Involved: Golam Mohammad Chowdhury, Advocate—For the Petitioner. Md. Mostafa, Assist..

Category: Criminal Law | Date: | Hits: 44

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......Abdul Mannan Kha @ Mana Kha, No. 5 Fazlul Huq @ Fazlul Huq Howlader and No. 6 Hanif @ Md. Hanif were convicted under sections 395/397 of the Penal Code and sentenced to suffer rigorous imprison­ment for 75 years each by Mr. D.N. Chanda, Addi­tional Sessions Judge, 2nd Court, Patuakhali in Sessions......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar Sulradhar alias Dhan, 20 DLR (Dhaka) 526; Ab­dul Wahab and others Vs. King Emperor, AIR 1925 (All 223). Lawyers Involved: Md. Abdus Sobhan with SMA Malek – For the appellants. AKM Zahirul Hu..

Category: Criminal Law | Date: | Hits: 49

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......Mustafa Kamal J. - This Rule of contempt was issued by the erstwhile Comilla Bench to which one of us was a party asking the four contemners to show cause why they shall not be convicted and punished for contempt of Court for writing, edition, printing and publishing a letter to the Editor captioned......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......nt: Mustafa Kamal J Mohammad Ismail Uddin Sarker J State.....................Petitioner Vs. MA Monir & Others..........Contemner Opposite Parties Judgment August 26, 1987. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General - For the State. Mozammel H..

Category: Criminal Law | Date: | Hits: 35

Belal Ahmed Vs. State, 1987, 16 CLC (HCD)

....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......ct Magistrate, Syl­het in G.R. Case No. 81/83 convicting the present ac­cused under section 324/34 and another under section 324 of the Penal Code and sentenced them to suffer rigorous imprisonment for one year each only. 2. The prosecution case in short is that on 12.9.83 at about 8 P.M. the i......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ...... Present: Qazi Shafi Uddin J Belal Ahmed…………………………….Petitioner Vs. The State………………………………..Opposite Party Judgment June 25, 1987. Lawyers Involved: Surendra Kumar Sinha, Advocate - For the Petitioner. Fazlul Hoque, Assistant..

Category: Criminal Law | Date: | Hits: 38

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......lage Bauria, PS Shandip, District Chittagong at present 412/A, Ashkona PS Uttara, Dhaka being detained in Central Jail, Dhaka, under section 3 of the Special Powers Act, 1974, should not be brought before this court so that it may satisfy itself that he is not being held in custody without lawful au......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......ent of West Pakistan vs. Begun Agha Abdul (aims Shoris Kashirmiri 21 DLR (SC) 1; Aruna Sen vs. Government of Bangladesh and others 27 DLR 122; Md. Khair Ahmed vs. Bangladesh and others 40 DLR 353. Lawyers Involved: Moudud Ahmed with AM Mahbub Uddin, Advocates—For the Petitioner Obaidul Ha..

Category: Criminal Law | Date: | Hits: 45

State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......d by the convict inasmuch as they involve common question of fact and law. 2. The prosecution case is at in the morning of 2-6‑90 at about 8‑00 AM Md. Shamsu Sikder, the elder brother of the informant Md. Somez Sikder went to Elashin Ghat to buy fish fry and while he was taking tea in the tea......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......eferred To- Pandurang, Tukia and Bhillia Vs. State of Hyderabad, (1955) 1 Supreme Court Reports 1083; Abu Taher and others Vs. State, 1991 BLD (AD) 80; Zafar and others Vs. State, 1994 BLD 280. Lawyers Involved: TH Khan with Subrata Saha, Md Jahurul Islam­- For Condemned Prisoner Nos. 1‑..

Category: Criminal Law | Date: | Hits: 36

Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)

....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......ntemner. Contempt Petitioner No. 40 of 1999. Judgment Kazi Ebadul Hoque J. - This Rule was issued calling upon the contemner Mr. Shah Azizur Rahman, MP to show cause as to why a proceedings for committing contempt of this Court should not be drawn up against him for allegedly making certai......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......t Bar Association represented by its Secretary, Md. Saidur Rahman …………..……….Petitioner Vs. Shah Azizur Rahman, MP………………….Contemner Judgment August 26, 1999. Lawyers Involved: Habibul Islam Bhuiyan with Md. Saidur Rahman, Advocates- For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 120

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......8 of 2001. Judgment AFM Abdur Rahman J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Proce­dure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show caus......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......Singh, AIR 1931 All 443; State of Gujarat vs. Bhikubhai, AIR 1965 Gujarat 70; Patal Laljibhai, AIR 1971 SC 1935; Mrs. Shahar Banoo Ziwar Sultan Beyed vs. Mrs. Wahida Khatoon 1996 BLT (AD) 154. Lawyers involved: Md. Bashiruddin Zindigir, Advocate—For the Accused-Petitioner. Md...

Category: Criminal Law | Date: | Hits: 43

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......peal No.145 of 2004. Judgment AKM Fazlur Rahman J.- This is a reference under section 374 of the Code of Criminal Proce­dure submitted by the learned Judge of Druta Bichar Tribunal No.3, Dhaka for confirmation of sentence of death awarded by him to absconding accused Al Hasib Bin Jamal alias ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......tate vs. Sree Ranjit Kumar Pramanik, 45 DLR 660; Abdul Khaleque vs State 45 DLR 75; Sanwar Hossain vs. State, 45 DLR 489; Abdus Salam vs. State, 1994 BLD 99 and State vs. Badsha Mollah, 41 DLR 11. Lawyers involved: Zahirul Hoque Zahir, Deputy Attorney-General with ABM Mahbub Suman, Assistant A..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......5 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. MA Muntakim, Advocate—For the Informant-Opposite Party. Criminal Miscellaneous Case No. 9954 of 2006 with Criminal Miscellane......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......(SC) 68; Rashid Murtuza Qureshi vs. State 17 DLR (SC) 608; State vs. Abdul Gafur 13 DLR 851; Md. Ayub Khan vs. Custodian of Evacue Property 15 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. ..

Category: Criminal Law | Date: | Hits: 97