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Naimuddin and another Vs. State, 2007, 36 CLC (HCD)

.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......i-o-Shishu Nirjatan Daman Bishesh Adalat 3, Dinajpur convicting the appellants under section 8(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to rigorous imprisonment for 14(fourteen) years each with fine of Taka 10,000 (ten thousand) in default to rigorous imprisonm...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......Ashfaqul Islam J Naimuddin and another……………..Appellants Vs. State...................... ………………Opposite Party Judgment April 24, 2007. Lawyers involved: Md. Khurshid Alam Khan, Advocate—For the Appellants. Nikhilesh Dut..

Category: Criminal Law | Date: | Hits: 84

Monwar Mallik Vs. State, 2007, 36 CLC (HCD)

.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......ated 16-10-2001 correspon­ding to GR case No. 327 of 2001 convicting the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ...... 310; State of Himachal Pradesh vs. Asha Ram AIR 2006 (SC) 381; Alam (Md) and another vs. State r 54 DLR 298; Hossain Shially (Fakir) vs. State 8 MLR 355 and Misti vs. State 6 MLR 394 = 6 BLC 138. Lawyers involved: Zakir Hossain Bhuiyan, Advocate—For the Appellant ABM Waliur Rahman Khan, ..

Category: Criminal Law | Date: | Hits: 38

Mainuddin Vs. State, 2010, 39 CLC (AD)

....in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259...... instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record-For Respondent No.2. Not Represented- For Respondent No.1. Criminal Petition for Leave to Appeal No. 449 of 2009. (From the judgment and order dated 22.11.2009 passed by the......in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......mel Hossain J Surendra Kumar Sinha J Mainuddin………………………………….Petitioner Vs. The State and another………………..Respondents Judgment August 5, 2010. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Md. Zahirul Islam, Advocat..

Category: Criminal Law | Date: | Hits: 24

Abu Taher and others Vs. State, 2009, 38 CLC (AD)

....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......, 2009. Lawyers Involved: A. F. M. Meshabhauddin, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 344 of 2008. (From the judgment and order dated the 9th day of August, 20......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......minur Rahman J ABM Khairul Haque J Abu Taher and others………………..Petitioner Vs. The State…………………………………..Respondent Judgment October 15, 2009. Lawyers Involved: A. F. M. Meshabhauddin, Senior Advocate instructed by Md. Nawab Ali, Advocate-o..

Category: Criminal Law | Date: | Hits: 31

Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)

....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......: Rokanuddin Mahmud, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate- on-Record- For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 265 of 2009. (From the judgment and order dated the 2nd day of June, 2009......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......Rokeya Begum……………………………..Petitioner Vs. Chartered Credit and Co-operative Limited….......Respondent. Judgment February 3, 2010. Result: Leave is granted. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate- ..

Category: Criminal Law | Date: | Hits: 45

Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)

....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......dgment Md. Hamidul Haque J .- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......ngladesh 44 DLR 317; Habiba Mahmud 54 DLR (AD) 89; H Saha vs. State of West Bengal AIR 1974 (SC) 2154; M Mohamed Sulthan vs. Joint Secretary to the Government of India, Finance Dept. as 1990 Criminal Law Journal (SC) 2473, AIR 1990 (SC) 2222. Lawyers Involved: M Amirul Islam, Advocate—For th..

Category: Criminal Law | Date: | Hits: 34

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......f GR Case No. 215 of 1995 originating from Alamdanga PS Case No. 9 dated 31‑5‑1995, convicting the appellant under section 387 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a period of ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... Haque Vs. State, 43 DLR 614; Asimon Begum Vs. State, 51 DLR (AD) 18; Dulal Howlader Vs. State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appel..

Category: Criminal Law | Date: | Hits: 38

Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)

....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ...... Case No. 45/96 corresponding to GR No.275/96 convicting the petitioner under sections 8, 9(A)(B)(C) of Cruelty to Women & Children (Special) Act, 1995 and sentencing the petitioner (in absentia) for a period of 10(ten) years RI with a fine of Taka 2,000 in default to suffer RI for further perio......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......ossain Bhuiyan ……….Petitioner Vs. State ……………….Opposite Party Judgment December 12, 2001. Case Referred To Sonali Bank vs Karnaphuli Works Ltd 46 DLR (AD) 55. Lawyers Involved: Shawkat Ali Khan, Senior Advocate with Md Shamsul Hoque, Advocate — For the P..

Category: Criminal Law | Date: | Hits: 37

Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)

....hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......e stopped. 2. The facts leading to this Rule is that the op­posite party No. 2 on 22.10.1984 lodged F.I.R. is Feni Police station alleging that at about 7.30 A.M. of that date the accused persons forming an unlawful assembly and being armed with Cheni, Knife, Kiriz etc. attacked the son of the i......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......to- Nayan @ Fazlul Huq Vs. The State, 38 DLR 415; Ramjoy Mondal and ors. Vs. The State, 37 DLR 252, 1987 BLD 135; 37 DLR 252; 1987 BCR(AD) 32, Akbar Ali and others Vs. The State, 1987 BLD 135. Lawyers Involved: Ruhul Amin- For the Petitioners. A.F.M. Shahid, Deputy Attorney-General -For..

Category: Criminal Law | Date: | Hits: 26

Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)

....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139....... with the Kalia Police Station al­leging inter alia that on 24.10.84 his father Golam Hossain and his maternal uncle Belayet Kha and oth­ers went to the house of Gopal Sardar of village Dewa Bhanga for a salish. After holding salish they were returning home and at about evening time they reached i...... specified time that judge or the Magistrate must be physically present in court to hear and con­clude a trial but if he is directed by the Government for example, to work as a member of the Summary Martial Law court over and above his duties as a Magistrate how on earth he would be hearing the cas......e.........................................................Opposite Party Judgement November 10, 1987. Cases Referred to- Nayan Vs. The State, 38 DLR at page 415; 1987 BLD at page 135. Lawyers Involved: M.A. Wahab- For the Accused Petitioner. Md. Kaisaruddin Ahmed - For the Stat..

Category: Criminal Law | Date: | Hits: 30

Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)

....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......udgment and order of the learned Sessions Judge, Bhola passed in Sessions Case No. 19 of 1984 con­victing the appellants under sections 302/34 of the Penal Code and sentencing them to transportation for life with a fine of Tk.5000/- each in default, to suffer rigorous imprisonment for 6 months each......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......986. Cases Referred to- Nazrul Islam vs. State, 27 DLR 671; The Crown and Badiuzzaman vs. Abdul Majid Bepari 8 DLR (FC) 69, 9 DLR 247; Ekabbar Khan and others vs. The State, 29 DLR (AD) 221. Lawyers Involved: Menhajuddin Ahmed Khan with M.A.Mannan and Md. Zahirul Huq- For the Appellants...

Category: Criminal Law | Date: | Hits: 27

State Vs. Shahin and others, 2009, 38 CLC (AD)

....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......ucted by Syed Mahbub Hossain, Advocate-on-Record-For the Respondent. (In Criminal PetitionNo.74 of 2009) Not Represented- the Respondent. (In Criminal Petition No.73 of 2009) Criminal Petition for Leave to Appeal Nos. 75, 74 & 73 of 2009. Judgment Md. Tafazzul Islam J. –These pet......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ...... Rahman @ Shamsu Vs. The State 10 BLR 251; Tapinder Singh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Ad..

Category: Criminal Law | Date: | Hits: 33

Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)

...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......nce dated 15-9-1996 passed by the learned Additional Sessions Judge, Dinajpur convicting the appellants and another under section 392 of the Penal Code sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 1,000 each, in default to suffer RI for 6 (six) months more i......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......¦â€¦â€¦â€¦â€¦. Respondent. Judgment June 17, 2001 . Cases Referred To- Babul alias Abdul Majid Khan and ors vs. State, 42 DLR (AD) 186; Shaharul Islam alias Green vs. State 1 BLC 524. Lawyers Involved: M Enayetur Rahim, Advocate—For the Appellants Abul Hossain Azadi, Assistan..

Category: Criminal Law | Date: | Hits: 83

State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)

....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... 3235 of 1999 and Criminal Appeal Nos. 2428, 2198 of 1999. Judgment Md. Abdul Matin J.- This Death Reference under section 374 Cr.P.C. is made by the Additional Sessions Judge, 1st Court, Pabna for confirmation of the sentence of death imposed upon Md Rafiqul Islam alias Gadan, son of Yousuf A......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......Rahman and others, 29 DLR (SC) 271; Rustam Ali and others Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, 1999 BLD 268; Anshad and others Vs. State of Karnataka, (1994) 4 Supreme Court Cases 381. Lawyers Involved: Syed Abu Kowser, Deputy Attorney-General with Fara Mahmuda Assistant Attorney-G..

Category: Criminal Law | Date: | Hits: 38

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

....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36....... by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of 1990 convicting the appellant and others under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment for 5(fi......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......d Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobarak Hossain Vs. The State, 1 BLD 286. Lawyers Involved: Md. Kaisar Ali, Advocate‑ For the Appellant. ABM Waliur Rahman Khan, Assis..

Category: Criminal Law | Date: | Hits: 41

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....f 19 Gha of the said, Rules. 15. Mr. Rafiq-ul Huq has also pointed out before this Court, two other instances, specially in respect of Martial Law Order No. 14 of 1982 whereby, pursuant to the Proclamation of 24th March, 1982, the said Order was promulgated curtailing jurisdiction of all the ...... Criminal Miscellaneous Case No. 3875 of 2007. Judgment Nozrul Islam Chowdhury J.- On 29-3-2007 this application under section 498 of the Code of Cri­minal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising ......'Court' is not available for the purpose of construction of 19 Gha of the said, Rules. 15. Mr. Rafiq-ul Huq has also pointed out before this Court, two other instances, specially in respect of Martial Law Order No. 14 of 1982 whereby, pursuant to the Proclamation of 24th March, 1982, the said...... PLD 1960 (SC) 113; Kh Ehteshamuddin Ahmed @ Iqbal vs. Bangladesh, 33 DLR (AD) 154; Abdul Rauf vs. Abdul Hamid Khan, 17 DLR (SC) 515 and Province of East Pakistan vs. SA Khan 40 DLR (AD) 202 . Lawyers involved: Abdul Matin Khasru, Advocate—For the Petitioners. Salahuddin Ahmed..

Category: Criminal Law | Date: | Hits: 50

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... rejecting the memorandum of appeal of Criminal Appeal No. 86 of 2005 on the ground of limitation. The appeal is barred by 5187 days. 2. Mr. Rajat Kanti Chakraborty, learned Advocate appearing for the petitioner, submits that the accused petitioner did not know about the pro­ceeding of the c......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......hammad Ullah (Driver)................Convict-Appellant­-Petitioner Vs. State............................................Opposite Party Judgment January 24, 2007. Lawyers involved: Rajat Kanti Chakraborty, Advocate—For the Petitioner. Md. Monsur R..

Category: Criminal Law | Date: | Hits: 36

Mozam and others Vs. State, 2006, 35 CLC (HCD)

....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......nvicting the appellants under section 4(c)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred as Ordinance 1983) and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6(six) ......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......s. State 1988 BLD 425; Momtaz Ahmed Khan vs. State 19 DLR (SC) 259; Saidur Rahman Neuton vs. State 45 DLR (AD) 66; Seraj Talukder vs. State 3 BLC 182 and Asiman Begum vs. State 51 DLR (AD) 18. Lawyers involved: Dr. Rafiqur Rahman, Senior Advocate with Sarwar Ahmed and Sakila Rowshan, A..

Category: Criminal Law | Date: | Hits: 82

Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)

....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......y Metropolitan Magistrate, Dhaka in GR Case No. 166 of 1995 and TR No. 42 of 2000 corresponding to Mohammadpur PS Case No. 48(01)95 sentencing the appellant-petitioner to suffer rigorous imprisonment for total period of 10(ten) years along with fine of Taka 10,000 in default to suffer simple impriso......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......ussain vs. State, 9 DLR (SC) 14; Abdur Rahim vs. Begum A Murshed, 34 DLR 320; Siraj Din vs. Kala, 16 DLR (SC) 94; Nur Hossain vs. State, 31 DLR 405; 3 BLC 251 and Alkas Mia vs. State, 25 DLR 398 . Lawyers involved: Chowdhwy Sanwar Ali, Advocate—For the Convict-Appellant-Petitioner. Md. Kh..

Category: Criminal Law | Date: | Hits: 40

Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)

....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......n, Advocate—For the Opposite Parties. Criminal Miscellaneous Case No. 18733 of 2006. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the accused petitioner, is for quashment of the proceeding of Metro Sessions Case No. 984 of 2006 under section 138 of the Nego......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ........................................... Accused-Petitioner Vs. Biswajit Dey and another……………………………….Opposite Parties Judgment March 11, 2007. Lawyers involved: Abdul Barek Chowdhury, Advocate—For the Petitioner. Mohammad Hossa..

Category: Criminal Law | Date: | Hits: 50