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Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ...... passed by the learned Metropolitan Magistrate in Petition Case No. 1245 of 1996 who convicted the accused petitioner under section 420 of the Penal Code, sentencing him to suffer simple imprisonment for 1(one) year and to pay a fine of Taka 10,000 in default to suffer simple imprisonment for 6(six)......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......…………………………………….Petitioner Vs. State…………………………………………………..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assi..

Category: Criminal Law | Date: | Hits: 41

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37....... Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Judge, Kushtia con­victing the appellant No. 1 Momin Malitha under section 302 of the Penal Code and sentencing him to transportation for life and Appellant No. 2 Babu @ Badaruddin Malitha under section 323 of the Penal Code and sente......part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37........Respondent Judgment April 24, 1988 Cases Referred to- 1987 BLD (AD) 265, 1985 B.C.R. (AD) 315, AIR 1936 (Rangoon) 526 & AIR 1934 (Lah.) 345, 1987 BLD (AD) 165, 1985 B.C.R. (AD) 315. Lawyers Involved: Md. Abdur Rahim with Hasan Foez Siddique Advocates— For the Appellants. A...

Category: Criminal Law | Date: | Hits: 52

Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)

....et aside. We di­rect that the detenu Gafur Mohammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......hat Mr. Lasker Abu Kalam, Addi­tional District Magistrate, Dhaka passed the order dat­ed 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dh......et aside. We di­rect that the detenu Gafur Mohammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35....... Amin Chowdhury J Monowara Begum................................Petitioner Vs. Secretary, Ministry of Home Affairs.............................Opposite Party Judgment August 2, 1988 Lawyers Involved: MM Hyder Ali, Advocate— For the Petitioner. A.K.M. Shamsul Karim, Advocat..

Category: Criminal Law | Date: | Hits: 29

Amir Hossain Vs. State, 1988, 17 CLC (HCD)

....se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......r of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them under section 395/397 of the Penal Code and sentencing them there under to suffer rigorous impri­sonment for 7 years each by his judgment dated 21-4-85 in Sessions Case No. 105 of 1983. 2. The prosecuti......se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ...... Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J Amir Hossain…………….. Appellant Vs. State.................................... Respondent Judgment December 11, 1988. Lawyers Involved: P.C. Guha with A.K.M. Zahirul Huq, Advo­cates— For appellants. Obaidur Ra..

Category: Criminal Law | Date: | Hits: 51

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

.... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......h Reference No. 3 of 1987. Judgment Muhammad Ansar Ali J. — This is a Ref­erence under section 374 of the Code of Criminal Procedure by Mr. Kamal Uddin Mian, Additional Sessions Judge, Bogra for confirmation of the sen­tence of death of the condemned-prisoner Badsha Mollah passed on him on...... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......8, 1988. Cases Referred to- 6 DLR 246, 1985 BLD (AD) 301, 1985 BLD (HCD) 129, AIR 1952 (SC) 343, AIR 1976 (SC) 917, 1979 (SC) 190, AIR 1984 (SC) 1622, AIR 1976 (SC) 557, AIR 1953 (SC) 468. Lawyers Involved: Sultan Ahmed, Deputy Attorney-General with Sajjad Ali Chowdhury, Advocate — ..

Category: Criminal Law | Date: | Hits: 42

Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)

....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......nal Revision No. 1 of 1987 Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of conviction and sentence passed under section 381 of the Penal Code. 2. The informant Nazrul Islam lodged a First Information Report on 2.4.1984 with the Kotwali Police Station o......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......i Gopal Biswas Vs. Municipality of Howrah, 1958 (SC) 141, Begu Vs. Emperor, 1925 (PC) 130, J.D. Sharma Vs. The State of Uttar Pradesh, AIR 1960 (SC) 400, Rampat Roy Vs. The State, AIR1960 All 380. Lawyers Involved: Not represented — the Petitioner. Mostafa Kamal Pasha, Advocate — For th..

Category: Criminal Law | Date: | Hits: 26

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......fferent places and sell the same at Chittagong; on 15th Bhadra the complainant purchased 500 mds. of paddy from one Hajee Mozaffar Ahmed Chowdhury on credit and handed over the same to the petitioner for sale at Chittagong. The petitioner sold the same at Chittagong but did not pay the sale proceeds......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ...... Vs. Kabir Ahmed........................Opposite Party Judgment February 4, 1988. Case Referred to- Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD) 14. Lawyers Involved: Mokbul Ahmed, Advocate — For the petitioner. Abdul Momen Chowdhury, Advoc..

Category: Criminal Law | Date: | Hits: 37

State Vs. Khalilur Raman, 1998, 17 CLC (HCD)

...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......er and disposed of by this judgment. 2. The prosecution case is that at about 3 P.M. on 12.9.84 the accused appellant Khalilur Rahman assaulted his wife Peara Begum with a balikucha (an instrument for sharpening dao) severely for non­payment of the balance of Tk.600/00 out of the dow­ry of Tk.4......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ...... High Court Division (Criminal) Present: Nurul Huq Bhuiya J Md. Badruzzaman J State...........Appellant Vs. Khalilur Raman...........Respondent Judgment August 25, 1988 Lawyers Involved: M. Shamsul Alam Deputy Attorney General with A.K.M. Zahirul Huq and Md. Abdur R..

Category: Criminal Law | Date: | Hits: 35

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......rs are directors of Kaswa Shipping Lines Ltd., a private limited company carrying on the business of water transport. The said company has been made accused No.1 in the petition of complaint and the aforesaid petitioners are accused Nos. 2, 3, and 4 therein. In Criminal Revision 244 of 1984 the peti......he coasters. The learned Advocate also sought to contend that the BSRS was itself at fault for non-completion of the project and it did not itself act up to the recommendations made by a high powered Martial Law Investigation Committee which was set up to inquire into the incomplete projects such as......te 3. Kaswa Shipping Lines Ltd. 4. Shamsul Alam, 5. Anowarul Aziz, 6. Mrs. Mahuba Hossain, 7. Bangladesh Ship Building Industries Ltd…………….Opposite- Parties. Judgment July 3, 1985. Lawyers Involved: Khan Saifur Rahman, Advocate with M. Khalilur Rahman, Advocate - For Petitioner..

Category: Criminal Law | Date: | Hits: 67

Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)

.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18....... a cultivator and an honest and innocent person living on cultivation. On 24.1.87 the Kotwali Police arrested the detenu along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......la, Superintendent of Police, District Special Branch, Comilla. 4. Inspector-General of Prisons, Government of Bangladesh. Dhaka...............Opposite-Parties. Judgment October 25, 1987. Lawyers Involved: Mahfuzur Rahman - For the petitioners. A. K. M. Shamsul Karim, Assistant Att..

Category: Criminal Law | Date: | Hits: 40

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......or the Government. Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasim, a Member of......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ...... October 28, 1999. Cases Referred To- Cyril Sikdar Vs. Nazmul Huda, 46 DLR 555; AIR 1965 (SC) 745, Tei Kiran and others Vs. M Sanjiva Reddy and others, AIR 1970 (SC) 1573; 47 DLR (AD) 111. Lawyers Involved: Moudud Ahmed with Khondker Mahbubuddin Ahmed, AM Mahbubuddin and Iyreen Mahbub..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......tained in Dhaka Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......) 494; Rendal Sah Vs. State of Bihar, (1983) 3 SCR 508 (AIR 1983 (SC) 1086); Sebastian M Hongony Vs. Union of India, AIR 1984 (SC) 1026; Md Shahnewaz Vs. Govt of Bangladesh, 18 BLD 337=50 DLR 633. Lawyers Involved: MK Rahman with Idrisur Rahman, Advocates-For the Petitioner Obaidur Rahman M..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......n the respondents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 days and to submit the report of the result of the review to this court within ......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......ladesh Legal Aid and Services Trust…………………Petitioner Vs. Bangladesh and others……………………………………………….Respondents Judgment August 3, 2004. Lawyers Involved: Md. Nizamul Haque, Advocate- For the Petitioner. Adilur Rahman Khan, Deputy..

Category: Criminal Law | Date: | Hits: 45

Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)

....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......No.299 of 2000/167 of 2000 now pending in the Court of Magistrate, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a c......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......Poddar………………..Petitioner Vs. State and another………… Respondents Judgment July 11, 2001. Case Referred To- Abdur Rahman Vs. Maklis Ali as 31 DLR (AD) 118. Lawyers Involved: Ismail Hossain, Advocate—For the Petitioner. Nurul Haque, Advocate—For ..

Category: Criminal Law | Date: | Hits: 35

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......n-Record- For the Petitioner. Khurshid Alam Khan, Advocate, instructed by Syed M Rahman, Advocate-on-Record—For the Respondent No. 2. Not Represented—Respondent No. 1. Criminal Petition for Leave to Appeal No.159 of 2009. (From the judgment and order dated 3-3-2009 passed by the Hig......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. .......Petitioner Vs. State and another……………………………...Respondent Judgment November 16, 2009. Case Referred To- Abdul Kader Mirza Vs. Bangladesh, 60 DLR (AD) 185. Lawyers Involved: AKM Shafiqul Alam, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Re..

Category: Criminal Law | Date: | Hits: 34

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......e did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of C......d circumstances of the case, amount to gross contempt. 157. In a signed article, "The nation must ponder” published in the new edition on March 30, 1983, Lt. General HM Ershad, the than Chief Martial Law Administrator, expressed his views on the role of the Supreme Court. He wrote:……......tances of the case, amount to gross contempt. 157. In a signed article, "The nation must ponder” published in the new edition on March 30, 1983, Lt. General HM Ershad, the than Chief Martial Law Administrator, expressed his views on the role of the Supreme Court. He wrote:……………..

Category: Criminal Law | Date: | Hits: 130

Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)

....r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......er 15, 2009. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-On-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Apple No.238 of 2009. (From the judgment and order dated 28.04.2009 passed by the Hi......r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......ra Kumar Sinha J Md. Tariqul Islam……………………………...Petitioner Vs The State ………………………………….........Respondent Judgment November 15, 2009. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-On-..

Category: Criminal Law | Date: | Hits: 56

State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......, Advocate-on-Record- For the Petitioner. Abdul Majid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-14. Criminal Petition for Leave to Appeal No. 28 of 2010 (From the Judgment and order dated 08.12.2009 passed by the Hi......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ...... Md. Muzammel Hossain J Surendra Kumar Sinha J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque, Assistant Attorney General, instructed by Mrs. Sufia Khatun, Adv..

Category: Criminal Law | Date: | Hits: 68

Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)

....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......ction dated 14.9.92 passed by the Sessions Judge, Patuakhali in Sessions Case No. 16 of 1992 convicting and sentencing the accused appellant under section 302 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 2,000.00 in default to payment of fine to suffer imprisonment for......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......zi Vs. Awlad Hossain 43 DLR (AD) 63; Salauddin Vs. State 32 DLR 227; State Vs. Abdur Rashid 35 DLR 195; State Vs. Purandhar Roy Joydhar 31 DLR 312; Nowsher Mi Sarder Vs. State 39 DLR (AD) 194. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Appellant. Syed Abu Kowser, Ass..

Category: Criminal Law | Date: | Hits: 38

Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)

....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......Thakurgaon arising out of Haripur PS Case No.2 dated 12-6-98 corresponding to GR Case No. 116 of 1998 directing the learned Magistrate to hold further inquiry as to the naraji petition filed by the informant in accordance with law an observation made in the body of the impugned judgment setting asid......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......man and others Vs. Nurul Islam Chowdhury and others, 35 DLR (AD) 127, 3 BLD (AD) 279; Sher Ali (Md) and others Vs. State, 46 DLR (AD) 67; Alauddin and others Vs. Jamaluddin and another 37 DLR 164. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate—For the Petitioner. Md. Mozammel Huq,..

Category: Criminal Law | Date: | Hits: 40