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Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)

....vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......ssion he has annexed a printed downloaded copy from internet Annexure-A and A1 to the supplementary affidavit though it does not disclose his name in any way. The petitioner has to seek relief in the form of releasing the account of Unipay 2U Bangladesh Ltd. as an interested person, contemplated in ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......�………….Petitioner Vs. Anti Corruption Commission and others………………………..Respondents Order March 22, 2011. Result: The application is summarily rejected. Lawyers Involved: Md. Hedayet Ullah, Advocate - For the Petitioner. Md. Khurshid Alam Khan, A..

Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75

State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)

....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Nahida Sultana, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No.215 of 2010. (From the judgment and order dated 22.2.2010 passed by the Hi......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ............................................Petitioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is granted. Lawyers Involved: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocat..

Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15

Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......ccused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purview of section 561...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......oppression or needless harassment……………….(20) Cases Referred to- Begum Khaleda Zia Vs. State, 55 DLR 596; 1997 BLD (AD) 44 = 2 BLC (AD) 16; 28 DLR (AD) 38; 31 DLR (AD) 69. Lawyers Involved: Sheikh Fazle Noor Taposh with AFM Mesbahnddin, Nurul Islam Sujon, Md. Mehedi ..

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 293 of 2009. (From the judgment and order dated 10.02.2009 passed by th......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ...... (35) 1948 Privy Council 128; Lumbhardhar Zutshi Vs. Emperor, AIR 1948 Bom 79; Afzalur AIR 1943 FC18; Matajog Dobey Vs. H.C. Bhari AIR 1956 SC 44; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......ions 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing to the drawer of the cheque within thirty days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid. The drawer of the cheq......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......ging Director, 10 BLC (HCD) 747; S A Sultan Vs. The State and another, 44 DLR (AD) 139; Aminur Rahman (Md.) Vs. State and another, 8 BLC 518; Nurul Islam Vs. State and another, 49 DLR (HCD) 464. Lawyers Involved: Mohd. Ziaul Hoque, Advocate - For the Accused-Petitioner. Ms. Bead..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ......e Nisi was issued calling upon the respondents to show cause as to why the detenu Md. Belial Hossain, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without l......ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ......of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: The Rule is made absolute. Case Referred to- Abdul Abedin Abdul Vs. State, 53 DLR 109. Lawyers Involved: AM Mahbub Uddin, Advocate - For the Petitioner. Razik-al-Jalil, Deputy..

Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......lant Vs. The State and another…………………………………………………………………Respondents Judgment August 6, 2008. Result: The application for bail is allowed. The Appellate Division in the case of ACC Vs. Barrister Mir Md. ......od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......utory period of 90 days for disposal of the appeal..............................(13 & 14) Case Referred to- A.C.C. Vs. Barrister Mir Md. Helaluddin and another, 60 DLR (AD) 57. Lawyers Involved: M. Amirul Islam with Shafique Ahmed, M. Enayetur Rahim, Nurul Islam, Advocat..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)

....ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ...... The Rule is discharged. The Narcotics Control Act, 1990 (Act No. 20 of 1990); section 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisi......ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ......er this Act. for this reason, an application for quashing the proceedings are not the correct exposition of law. Case Referred to- Kali Pada Sana Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Md. Fakhar Uddin, Advocate - For the accused-petitioners. Helaludd..

Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ......o Bheramara Police Station Case No.12 dated 20.01.2004 convicting the accused petitioner under section 25B(2) of the Special Powers Act, 1974 and sentencing him thereunder to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in default, to suffer imprisonment for 6 months mo......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ......hellip;……State Judgment July 30, 2008. Result: The Rule is discharged. Case Referred to- Md. Jahangir Alam alias Zakir Vs. The State, 10 MLR (AD) 335. Lawyers Involved: Hasan Foez Siddique with Md. Kabirul Islam, Advocates- For the Accused Petiti..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)

....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......o.7 dated 22-1-2007 corresponding to GR Case No.7 of 2007, convicting the appellant under section 25(1) Part (II) of the Special Powers Act, 1974 and sentencing him to suffer simple imprisonment for three months and also to pay a fine of Taka 1,000 in default to suffer simple imprisonment ......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ...............................................Respondent Judgment June 4, 2008. Result: The appeal is allowed. Case Referred to- Md. Amir Hossain Vs. State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahman, Advocate - For the Convict-Appellant. Osman Gani, A..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......ed 22-01-2007 corresponding to G.R. Case No.07 of 2007, convicting the appellant under section 25(1) Part (II) of the Special Powers Act, 1974 and sentencing him to suffer simple imprisonment for three months and also to pay a fine of Tk.1,000/- in default to suffer simple imprisonment fo......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......��…………………………..Respondent Judgment June 4, 2008. Result: The Appeal is allowed. Case Referred to- Md. Amir Hossain Vs. The State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahman, Advocate-For the Convict-Appellant. Osman Gani, Ass..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3

Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ...... No.41(3)07 dated 10.03.07 corresponding to GR Case No.178 of 2007 under section 409 read with section 109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority an......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......ka and others……………………………………………………………………………..Respondents Judgment May 18, 2008. Result: The Rule is made absolute. Lawyers Involved: Ahsanul Karim with Khairul Alam Choudhury, Rumeen Farhana-For the Petitioner..

Category: Criminal Law | Date: 18 May, 2008 | Hits: 3

Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)

....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......st Class, Cognizance Court No.3, Habigonj. At the time of issuance of Rule the petitioners namely 1. Abdul Alim alias Chuttu and 2. Alim Miah alias Md. Abdul Halim were enlarged on ad-interim bail for a period of three months directing to furnish bail bonds to the satisfaction of concerned autho......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ...... The Rule is made absolute. Cases Referred to- Harun Howlader Vs. The State, 36 DLR 21; The Public Prosecutor Vs. George Williams alias Victor, AIR (38) 1951 Madras 1042-1952 Criminal Law Journal 213. Lawyers Involved: Md. Abdul Halim Mondal, Advocate - For the accused pet..

Category: Criminal Law | Date: 13 May, 2008 | Hits: 9

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ...... file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But under the Ain an accused after conviction has to f...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......t is ultra vires of the Constitution could not be substantiated……(23) Cases Referred to- Abdul Kader Mirza and Another Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and Others, (2004) 56 DLR 31; Master Giasuddin and Others, (1..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)

....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ...... the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the court. The failure of the accused to produce evidence does not relieve the prosecution of ......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......the merits of the case and fixed formula can be adopted…………………………(43) Cases Referred to- State Vs. Abdus Batter, 26 BLT (AD) 30; Md. Isahaque Ali Vs. State, 16 BLT 69. Lawyers Involved: Dewan Abdun Naser, Advocate - For the Appellant. Umme Kulsum Begum, De..

Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......been deprived of his right to submit any effective representation against his detention and explain his position.………………………………..(14 & 16) Cautions should be taken before an order of detention is made The Special Powers Act of 1974 being a special law provi......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......) 870; M. Mahmood Vs. Bangladesh, 43 DLR 83; Baqi Baluch, 20 DLR (SC) 249; Kudrat-e-Elahi Vs. Bangladesh; Md. Farid Alias Munna Vs. The State, Criminal Miscellaneous Case No.10953 of 2007. Lawyers Involved: Ahsanul Karim with Faheemul Huq with Khairul Alam Choudhury with Md. Kabir ..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)

....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......the Petitioner. Criminal Miscellaneous Case No.6179 of 2007. Judgment Khademul Islam Chowdhury J.- This Rule at the instance of accused petitioner Al-haj A.B.M. Mohiuddin Chowdhury is for bail in Panchalish P.S. General Dairy No.409 dated 8.3.2007 now pending before the Chief Metropo......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......lip;………………………………..Respondent Judgment December 2, 2007. Result: The rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with A.K.M. Faiz, with H.S. Deb Barman-For the Petitioner. ..

Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......te Parties. Syed Haider Ali, Deputy Attorney-General - For the State. Criminal Revision No.1333 of 2003. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the informant, under section 439 of the Code of Criminal Procedure, directing against the judgment and or......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......s. Ful Mia, 5 BLC (AD) 41; Moslem Ali Mollah Vs. State, 48 DLR 427; Alauddin Vs. State, 7 BLC 54 ; Yousuf Bepari Vs. State, 10 BLC (AD) 146; Abdul Hamid Mollah Vs. Ali Mollah, 44 DLR (AD) 223. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate - For the Petitioner. Abdur Raz..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......t in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor to examine any number of wi......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ...... Islam 1995 BLD 53 = 48 DLR 305; Kamala Vs. State 1995 BLD 449; Md. Jamaluddin Vs. State 1994 BLD 94 = 44 DLR 492 and Hatesingh Bhagost Shingh Vs. State of Modhya Bharat AIR 1953 (SC) 468 ref. Lawyers Involved: SN Goswami, Advocate - For the Appellants. Umme Kulsum Begum, Deputy ..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......enal Code and sentenced them thereunder to death by hanging subject to confirmation by the High Court Division and made the reference to this Court under section 374 of the Code of Criminal Procedure for confirmation of the said sentence. 3. Being aggrieved by the impugned judgment and order of c...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......04 is allowed with rejection of Death Reference No.33 of 204. The Criminal Miscellaneous Case No.1195 of 2005 is made absolute. Jail Appeal Nos.313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

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