Search Options
Judgment Advanced Search
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....orma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellant filed an application under Article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh impugning letter bearing Nos. 23, 40, 04, 01, 23, 2004-219(3) dated 22.04.2004 issued un......il Appeal No. 139 of 2006) The Principal Secretary, Office of the Hon'ble Prime Minister, Tejgaon, Dhaka and others.......................Appellants (In Civil Appeal No. 140 of 2006). Vs. Salahuddin Ahmad and others.............Respondents (In both cases.) Judgment ......same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......rt Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J M.K. Bazlur Rahman…............Petitioner Vs. Md. Johurul Haque and another.......Respondents Judgment &......on is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....lodged F.I.R. with Kaliganj Police Station alleging, inter alia, that while he and other members of his party were on petrol duty at Khazia Boarder out Post, found the accused persons to enter into Bangladesh territory from India at about 22.30 hours and they apprehended those accused persons and......t: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J The State………………………..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008.&......This Case is also Reported in: VI ADC (2009) 807. ......pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ..Category: Criminal Law | Date: | Hits: 45
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....) 69; Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536; Jamna and others V. State of U.P. 1994 Supp (1) SCC 185; State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153; Jamil Huq Vs. Bangladesh, 34 DLR (SC) 125; Balbir Singh and another V. State of Punjab (1995) 1 SCC 90; Joginder ......;.Appellant (In Criminal Appeal No. 58 of 2007) Major (Retd). A.K.M. Mohiuddin Ahmed……..... Appellant (In Criminal Appeal No. 59 of 2007 and Jail Appeal No. 02 of 2007) Vs. The State…………………………...... Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......the evidence on record as well as facts and circumstances of the case by judgment and order dated 08.11.1998, acquitted four of the accused persons, namely,1. Taheruddin Thakur, 2. Hon. Captain A. Wahab Joarder, 3. Dafader Marfat Ali Shah (absconding), 4. L.D. Md. Abul Hashem Mridha (absconding)..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ing at Bangabhaban. P.W.37 stated that after the incident he at the Studio No.2 of the Radio Station, saw Shahriar, along with other co-accuseds were preparing speech of Khondker Mostaque Ahmed of Bangladesh Radio on 15th August 1975 at 7 a.m. P.W.42 stated that he found Shahriar, Mohiuddin......y which he had carried out as per direction of his Commanding Officer. 196. The learned counsels, in support of their contentions, referred the cases of Nurul Islam and others Vs. The State, 43 DLR (AD)6, Hazrat Khan @ Hazrat Ali Vs. the State, 54 DLR 636, Moslemuddin and ot......overnment of Sheikh Mujibur Rahman and in consequence of such revolt only, the President and his family members were killed by the army in which the appellants were not involved. 193. Mr. Abdullah-Al-Mamun, learned counsel appearing for the appellant Bazlul Huda and Mohiuddin(Lancer) fu......his company, stated that Bazlul Huda and 3 other army personnel were from the field artillery units, on 15th August, 1975 at about 5 A.M. he along with other guards noticed that Subedar Major Abdul Wahab Joarder was getting down from the jeep in front of the house situated on Road No.31 where he..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....r,1975 by him/Major Gen. Khaled Mosharaf and inclusion of the Indemnity Ordinance, 1975 in the schedule of 5th Amendment of the Constitution and rehabilitating them in different foreign missions of Bangladesh by President General Ziaur Rahman and subsequently by the next President General H.M. E...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......inhuman (he burst into tears while placing the evidence on murder of Sheikh Russel). Mr. Ajmalul Hossain, Q.C., described it as horrendous killing, Sr. Advocate Mr. Tawfique Newaz, Sr. Advocate Mr. Abdul Matin Khasru, former Law Minister, Sr. Advocate and President of the Supreme Court Bar Associ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....ed brother Md. Tafazzul Islam, J in his judgment has extensively discussed the facts, relevant laws, grounds of delay in lodging the FIR including the background and the scenario which prevailed in Bangladesh after the assassination of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman, ......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. .......M. Rashed Chowdhury, Major A.K.M. Mohiuddin (Lancer), Lt.Col. S.H.B.M. Nur Chowdhury, Lt. Col. Md. Aziz Pasha, Lt. Col. Mohiuddin Ahmed (Artillery), Risalder Moslemuddin @ Moslehuddin and Captain Abdul Majed and accordingly dismissed the Criminal Appeal No.2616 of 1998 filed by accused Lt. Col.......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....in considering the delay in lodging the FIR. After the incident Khondker Mostaque Ahmed usurped the power and proclaimed Martial Law on 20th August, 1975 and assumed the office of the President of Bangladesh with retrospective effect from 15th August, 1975. Thereafter he promulgated the Indemni......y a Court-Martial to be convened by the Chief of Army Staff as was done in case of General Ziaur Rahman’s killing. In this connection the learned counsel has referred to the case of Jamil Huq Vs. Bangladesh, 34 DLR (AD) 125. 643. Mr. Anisul Huq and the learned Attorney General......in support of the charge of criminal conspiracy for killing Bangabandhu Sheikh Mujibor Rahman and his family members, rather the evidence of Lt. Col. Abul Basher B.A. (P.W 7), Lt. Col. (Rtd) Abdul Hamid, (P.W.9), A.L.D. Sirajul Haq, (P.W.12), Habilder Md.Aminur Rahman(Rtd), (P.W.24), Naik......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....nd beyond reproach the same can be relied upon and a conviction can be founded thereon.” 747. Therefore, I find that there is uniform views of the Supreme Courts of Bangladesh and India that if an extra judicial confession is reliable and the evidence of such con......l Huda and Mohiuddin Ahmed at the place of occurrence but the High Court Division has totally ignored this aspect of the matter. The learned counsel has referred the cases of Nurul Islam and others Vs. The State , 43 DLR (AD)6, Hazrat Khan @ Hazrat Ali Vs. the State, 54 DLR 636, Moslemuddin and ......ir statements are corroborated by other evidence on record. These accused appellants can be convicted relying upon these extrajudicial confessions as well. Charge of murder 748. Mr. Abdullah-Al-Mamun, learned counsel appearing for the appellant Major Bazlul Huda and Major A.K.M.Mo......t Captain Bazlul Huda and 3 other army personnel were also in the field artillery unit, that on 15th August, 1975 at about 5 A.M. he along with other security staff noticed that Subedar Major Abdul Wahab Joarder was getting down from the jeep in front of the house on Road No.31 where he along wi..Category: Criminal Law | Date: | Hits: 291
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ...... Aziz J The State................Petitioner (In Criminal Petition Nos. 335 and 336 of 2008). Md. Abdul Hai Bhuiyan ...........Petitioner (In Criminal Petition No. 125 of 2009). Vs. Shahidur Rahman alias Shahid and another......Respondent (In Criminal Petition No.335 of......This Case is also Reported in: 14 MLR (AD) (2009) 358. ......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..Category: Criminal Law | Date: | Hits: 63
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117....... Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Azizullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. ...... 1997 and in the report dated 18-11-1997 filed in the above proceeding, SI Azizur Rahman of Motijheel Police Station, DMP, was shown as the First Party, Manowara Islam, the responÂdent No.3, and one Abdul Alim were shown as Second Party while the respondent No.4, along with Nawab Ali Yar Khan and A......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......ffidavit of the complainant and considered the submissions of the learned advocates of the parties. 7. Before enter into the merits of the case we would like to refer the case of Dr. S. Ashraf Ali Vs. Md. Ahsan Habib and another reported in 56 DLR 169 wherein their Lordships categorically stated ......and another reported in 56 DLR 169 Queen Vs Okhoy Coomar Shaw 13 BLR 307 (FB). Bhuaban Mohan Das Vs Surendra Mohan Das AIR 1951 Cal. 69 Velji Raghavji Patel Vs State of Maharashtra AIR 1956 (SC) 1433 Abdul Gafur Vs Dr D Ahmed, 3 DLR 449, State Vs Syed Imtiaz Uddin Hossain 17 DLR 382, Nasiruddin Mahm......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ..Category: Criminal Law | Date: | Hits: 93
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Syed Nurul Azim Babar……………………………..Petitioner Vs. The State……………………………………………………Respondent Judgment ......ed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State……………………..............Petitioner (In all the Cases) Vs. Lal Miah@ Abdul Bari…….........Respondents (In Criminal Petition No. 270 o...... This Case is also Reported in: VI ADC (2009) 706. ......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..Category: Criminal Law | Date: | Hits: 53
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......rt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.............................................Appellant Vs. Anowar Hossain Pinto alias Anowar Hossain & another…....Respondents Judgment June......also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ...... (Criminal) Present: MM Rahul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Mohammad Mostafa alias Dayemuddin and another..........................Appellants Vs. The State..................................Respondent Judgment April 6, 20......d. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Shajahan Ali alias Md Shajahan ...........................Petitioner Vs. The State, represented by the Deputy Commissioner, Kishoregonj...........Respondent ......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ..Category: Criminal Law | Date: | Hits: 52
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ...... Md Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kudrat Ali………………………….....Petitioner Vs. Dr. Mahfuzul Haque and another..........Respondents Judgment August 19, 2...... Supreme Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kudrat Ali……………………......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......d in: VI ADC (2009) 629. ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ..Category: Criminal Law | Date: | Hits: 47
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ...... Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Rustam Al Khan……………………..Petitioner Vs. The State and others…………..... Respondents Judgment ...... This Case is also Reported in: VI ADC (2009) 627. ......e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ..Category: Criminal Law | Date: | Hits: 57