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Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent No. 2. Not Represented-For the Respondent No.1. Criminal Petition for leave to Appeal No.400 of 2008. Judgment  Shah Abu Nayeem Mominur Rahman J. - Delay of ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......e and another……………….Respondents Judgment March 22, 2009. Result: The petition is dismissed. Case Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: Ajmalul Hossain QC, Senior Advocates, instructed by Mvi. Md. Wahidullah, Advoca..Category: Criminal Law | Date: | Hits: 163
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ...... Lawyers Involved: S. N. Goswami Advocate instructed by Syed Mahbubur Rahman Advocate-on-Record-For the Petitioners. Not Represented-For the Respondent. Criminal Petition for leave to Appeal No. 245 of 2008. Judgment &n......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......hellip;……………………Respondent Judgment March 18, 2009. Case Referred To- Nazrul Islam Chowdhury Vs. The States. Lawyers Involved: S. N. Goswami Advocate instructed by Syed Mahbubur Rahman Advocate-on-Reco..Category: Criminal Law | Date: | Hits: 126
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... State. Criminal Miscellaneous Case No. 3875 of 2007 Judgement 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 G.R. Case No. 8 of 2007 arisi......passed in exercise of powers granted by the Act and was, therefore, without jurisdiction." 13. Mr. Rafuq-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 ...... Kh. Ehtesham Uddin Ahmed @ Iqbal Vs. Bangladesh and others, 33 DLR (AD) 154; Abdul Rauf and others Vs. Abdul Hamid Khan and others, 17 DLR (SC) 515; East Pakistan Vs. S.A. Khan, 40 DLR (AD) 202. Lawyers Involved: Advocate Kh. Mahbub Uddin Ahmed, Dr. Kamal Hussain, Rafiq-ul Huq, Abdul Malek,..Category: Criminal Law | Date: | Hits: 101
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......; S.M Kamal vs. State 6 BLC (HCD) 113. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.157 of 2008. &nbs......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......………….......Respondent Judgment May 26, 2009. Cases Referred to- 59 DLR (HCD) 4C2, 16 BLD (AD) 268; S.M Kamal vs. State 6 BLC (HCD) 113. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not r..Category: Criminal Law | Date: | Hits: 155
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......ondent Judgment April 19, 2009. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 1859 of 2008. (From the judgment and order dated 08.04.2008 passed ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......lip;……………….Petitioner Vs. Mitali Rani Chandra………….........Respondent Judgment April 19, 2009. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Repr..Category: Criminal Law | Date: | Hits: 75
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....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. ......ting the Metropolitan Sessions Judge, Dhaka to proceed with the Special Case No.39 of 2004 arising out of Complaint Petition No.3795 of 2003 filed against the appellant-writ-respondent No.5 and pro-forma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellan......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. ......eal No. 140 of 2006). Vs. Salahuddin Ahmad and others.............Respondents (In both cases.) Judgment August 23, 2009. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate and Khondker Mahbubuddin Ahmed, Senior ..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. ...... April 16, 2009. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for leave to Appeal No. 655 of 2008. (From the judgment and order dated 19th August, 2008 p......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. ..............Petitioner Vs. Md. Johurul Haque and another.......Respondents Judgment April 16, 2009. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not repre..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....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. ......ed: Md. Ali Akanda, Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 341 of 2006. (From the judgment and order dated 09.07.2006 passed b......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. ......p;…………………..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008. Lawyers Involved: Md. Ali Akanda, Deputy Attorney General, instructed by Abu Sams Md. Khale..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......¦â€¦â€¦....... Respondent Judgment January 19, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sancti......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......te………………...... Appellant. Vs. Md. Moslemuddin……………………....... Respondent Judgment January 19, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizanc..Category: Criminal Law | Date: | Hits: 63
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 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 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ...... and another, AIR 1961 SC S.124;, State of Andhra Pradesh V. Cheemalapati Ganeswara Rao and another, AIR 1963 S.C.1850; Nurul Hoque Kazi V.State 7 BLC (AD) 52; Pratt and another V.Attorney General for Jamaica and another (1993) 4 All E.R. 768; Henfield V. Attorney General of Commonwealth of ......LR (AD) 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 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......others V. State of Haryana (1978) 4 S.C.C 440; Nurul Hoque Kazi V. State 7 BLC (AD) 52; Machhi Singh and others V State of Punjab, AIR 1983 S.C. 957; Abul Khair V. The State 44 DLR (AD) 225. Lawyers Involved: Abdullah-Al-Mamun, Advocate, instructed by Md. Nurul Islam Bhuiyan, Advoca..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......ile the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and then both of them followed Mohiuddin (Lancer) who then arranged uniforms for the...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......AIR 1983 S.C. 75 Bhagwati, J. speaking for the majority observed as follows: “We can not allow the dead hand of the past to stifle the growth of the living present. Law cannot stand still; it must change with the changing social concepts and values. If the bark t..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....later Chief Martial Law Administrator and became the President of Bangladesh and later General H.M. Ershad stepped in as President till he was removed in 1990 by people's up rise. 355. By Proclamation Order No.1 of 1977 dated 23.04.1977 and inclusion of Indemnity Ordinance in the Schedu......other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child as h......scussed about their conspiracy with Kh. Mostaque Ahmed, a the then Minister, Maj. Gen. Ziaur Rahman, the then Deputy Chief of Army, who after 15th of August, 1975 became Chief of Army, later Chief Martial Law Administrator and thereafter usurped power as President of the Republic, his reaction i......s 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 Association, Mr. A.F.M. Mesbahud..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....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. ......ned companion Judge of the Division Bench of the then Dhaka High Court differed only with regards to the conviction of accused Mohim Mondal under Section 148 of the Penal Code. The case was laid before the third learned Judge under Sections 378 and 429 of the Cr. P.C. The third learned Judge, Mu......d forces.” 500. The offence of murder has been defined in Section 300 of the Penal Code. When an offence of mutiny is committed it is exclusively triable by Court-Martial. The offence of murder is not defined under Chapter 5 of the Army Act. According to Sectio......Huq–Vs-Bangladesh reported in 34 DLR (AD) 125 at page 138, paragraph 37 the Appellate Division of the Supreme Court has quoted with approval of the observations of Prof. Holland published in Law of Court Martial (Current Legal Problem 1950 at Page 193) which reads as follows: ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....f certain acts; things, committed by those persons in connection with, or in preparation or execution of any plan for, or necessary steps towards the change of the Government of Bangladesh and the Proclamation of Martial Law of 15th August, 1975. Whether or not an F.I.R could have been lodged ev......rved as follows: “It is true that witnesses can not be called upon to explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating eviden...... the case. 629. There is another factor which should not be ignored 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 retros......e. 629. There is another factor which should not be ignored 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 ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......rdon me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and othe...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......, AIR 1983 S.C. 75 Bhagwati, J. speaking for the majority observed as follows: “We can not allow the dead hand of the past to stifle the growth of the living present. Law cannot stand still; it must change with the changing social concepts and values. If the bark..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. ...... No.125 of 2009) Abdul Baset Majumder, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent (In Criminal Petition No.336 of 2008). Criminal Petition for Leave to Appeal Nos. 335-336 of 2008 and 125 of 2009. (From the judgment and order dated......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. ......dent (In Criminal Petition No.335 of 2008 and 125 of 2009). Tonai Mollah........................Respondent (In Criminal Petition No. 336 of 2008). Judgment May 24, 2009. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General instructed by B. Hossain, Advoca..Category: Criminal Law | Date: | Hits: 63
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. ...... Magistrate), Moyeshkhali, Cox's Bazar should not be quashed. 2. Events leading to issuance of this Rule, in short, are that the opposite party No.2 as complainant filed C.R. Case No. 54 of 2004 before the court of Upazila Magistrate, Cox's Bazar under sections 420/406 of the penal code against t......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. ......hmud and others Vs Mamtazuddin and another, 36 DLR (AD) 14, Syed Ali Mir and another, 42 DLR (AD) 240 Islam Ali Mia alias Md. Islam vs. Amal Chandra Mondal and another, reported in 45 DLR (AD) 27. Lawyers Involved: Md. Zahirul Islam with M. Masud Alam Chowdhury, Advocates-For the accused petit..Category: Criminal Law | Date: | Hits: 93
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. ......kram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. (In the all cases) Criminal Petition for Leave to Appeal Nos.270-273 of 2007. &nbs......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. ......(In Criminal Petition No. 272 of 2007) Raju and another…………….Respondent (In Criminal Petition No. 273 of 2007) Judgment March 12, 2009. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain..Category: Criminal Law | Date: | Hits: 53
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......ucted by Md. Aftab Hossain, advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondents No.1. Not represented-Respondent No. 2-9. Civil Petition for Leave to Appeal No. 707 of 2008. (From the judgment and order dated 15.11.2007 passed by...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......hellip;………….Petitioner Vs. Kazi A. K. M. Sajahan and others……………Respondents Judgment June 23, 2009. Lawyers Involved: A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, ad..Category: Criminal Law | Date: | Hits: 62
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. ...... Chairman, Asma Akhtar Lipi, rebuked them over the said incident followed by an altercation between those two little boys and Lipi. Mizan and Faruque, thereafter, went to their respective homes and informed the incident to their relatives. Thereafter, the condemned prisoner Abul Kashem and the convi......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. ...... Md. Abdul Aziz J State.............................................Appellant Vs. Anowar Hossain Pinto alias Anowar Hossain & another…....Respondents Judgment June 4, 2009. Lawyers Involved: A.S.M Abdul Mobin, Deputy Attorney-General instructed by Mvi. Md. Wahidullah, A..Category: Criminal Law | Date: | Hits: 53
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