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State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)

.... Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 172; Abdul Wadud Vs. the State, (1995) 3 BLT (AD) 326. ...... (Criminal) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State..........................Appellant Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. ...... Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 172; Abdul Wadud Vs. the State, (1995) 3 BLT (AD) 326. Lawyers Involved: Abdur Razzaque K...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ..

Category: Criminal Law | Date: | Hits: 48

Paritosh Rudra Vs. State, 2007, 36 CLC (AD)

....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......min CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Paritosh Rudra…………………………Petitioner Vs. The State............................Respondent Judgment May 7, 2007. ......hellip;………………Petitioner Vs. The State............................Respondent Judgment May 7, 2007. Lawyers Involved: Abdul Baset Mazumder, Senior Advocate, with J. B. M. Hassan instructed by A.S.M. Khalequzzaman, Ad......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ..

Category: Criminal Law | Date: | Hits: 43

Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)

....ssir Husain J Abu Sayeed Ahammed J Wonder Land Toys Ltd., C-101, Central Road, New DOHS Mohakhali C/A, Dhaka…….Petitioner Vs. Ministry of Finance, Govt. of Bangladesh represented by its Secretary, Bangladesh Secretariat and others.........Respondents ......ammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Wonder Land Toys Ltd., C-101, Central Road, New DOHS Mohakhali C/A, Dhaka…….Petitioner Vs. Ministry of Finance, Govt. of Bangladesh represented by its Secretary, Bangladesh Secret......istry of Finance, Govt. of Bangladesh represented by its Secretary, Bangladesh Secretariat and others.........Respondents Judgment November 18, 2002. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Nurul Islam, Advocate-on-Record- For the Petit...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..

Category: Criminal Law | Date: | Hits: 36

Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)

.... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Anwar Hossain.........................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance and Others ................................. Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Anwar Hossain.........................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance and Others ........sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..

Category: Criminal Law | Date: | Hits: 41

Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)

.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Aminur Rahman & others ..............Petitioners Vs. Fatema Begum & the State .................Respondents Judgment August ......nur Rahman & others ..............Petitioners Vs. Fatema Begum & the State .................Respondents Judgment August 12, 2007. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..

Category: Criminal Law | Date: | Hits: 61

State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)

....by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......preme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J The State.......................................Petitioner Vs. Md. Mukul alias Swapan..................Respondent Judgment August 12, 2007. Resu......apprehended because of p darkness, that S.I. Amzad Hossain was taken to Singra Thana Health Complex by a Tempoo and therefrom he was taken to the Rajshahi Medical College for better treatment by S.I. Abdul Bari, Constable Bari and Constable Nurul Islam and the victim died there. 7. On the afores......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ..

Category: Criminal Law | Date: | Hits: 73

Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)

....suffer simple imprisonment for one month each. From the said impugned order the appellants moved this Court with this appeal under article 103(2)(c) of the Constitution of the People's Republic of Bangladesh. 5. At the hearing of the appeal the appellants filed an application for acceptin...... Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Abul Kalam Azad and others .............................Appellants Vs. Mohammad Iqbal Hossain & Ors.......................Respondents Judgment ......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ..

Category: Criminal Law | Date: | Hits: 47

Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)

....fficer submitted final report on 08-05-2001 stating that during investigation, the informant failed to produce any witness and on the other hand, he applied to the Registrar of the Supreme Court of Bangladesh to seize the deed in question but no permission was accorded. 4. The informant fi......urt Appellate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Lutfor Rahman and others......Petitioners Vs. The State and another..........Respondents Judgment July 29, 2007. ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..

Category: Criminal Law | Date: | Hits: 39

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....n the Saudi Arabia. He brought $5400 from Saudi Arabia and kept it in deposit to his cousin (full khalato bhai), P.W.4, Md. Hanif who gave it to his maternal uncle P.W.1, Abu Taher for exchange in Bangladeshi currency. After sometime P.W.1 Abu Taher came from Chittagong to Dhaka and discussed wi......Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Joynul Abedin J Md. Hassan Ameen J Mohammad Ali alias Shanu ............Petitioner Vs. The State..................................Respondent Judgment December 10......nd sentencing them for different periods arising out of Lalbag Police Station Case No.3(9)86 dated 06.09.1986 and G.R. Case No.5629 of 1986. 2. The prosecution case, in brief, is that P.W.2, Abdul Hye was serving in the Saudi Arabia. He brought $5400 from Saudi Arabia and kept it in deposi......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..

Category: Criminal Law | Date: | Hits: 40

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

....ut only reduced the sentence from 7(seven) years to 3(three) years so far the appellants are concerned. 50.In view of Article 105 of the Constitution read with review rules as per Supreme Court of Bangladesh, Appellate Division Rules,1988 in Order XXVI, rule I interference can be made only on the...... Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State................................Respondent Judgment January 31, 2008. Result: ...... Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..

Category: Criminal Law | Date: | Hits: 94

Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)

....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......d. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Dawad Ali Sardar (Md)..................Petitioner Vs. Kazi Mujibar Rahman and others............... Respondents Judgment &nb...... ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)

.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ...... Md. Tafazzul Islam J Md. Abdul Matin J State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment ...... Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J State..........Appellant Vs. Sailendra Chandra Borman........... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..

Category: Criminal Law | Date: | Hits: 63

Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)

.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......n Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Wahab Talukdar alias Mohammad and others…………...Appellants (In both the appeals) Vs. State and another…………………...Respondents ......ppellate Division (Criminal) Present Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Wahab Talukdar alias Mohammad and others…………...Appellants (In bot......te Division (Criminal) Present Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Wahab Talukdar alias Mohammad and others…………...Appellants (In both the ..

Category: Criminal Law | Date: | Hits: 45

Faridul Alam Vs. State and another, 2007, 36 CLC (AD)

....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......eme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Faridul Alam............ ..................Petitioner Vs. State and another...........................Respondents Judgment February 18, 2......�………..(16) Cases Referred to- Electronics Trade and Technology Development Corpn Ltd., Secunderabad vs. Indian Technologists and Engineers (Electronics) Pvt. Ltd. AIR 1996 (SC) 2339; Abdul Quader Chowdhury vs. State 28 DLR (AD) 38. Lawyers Involved: AM Mahbubuddin, Advocate (a......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 138

Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)

.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ...... (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Taher and others.........................Petitioners Vs. Md. Abdul Kuddus and others……...Respondents Judgment &nbs...... (2008) 277. ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..

Category: Criminal Law | Date: | Hits: 50

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....al Code and other penal laws of the country…………….(44) Cases Referred To- Khondaker Modarresh Elahi Vs. The Government of the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another Vs. State of Kerala and others, AIR 199......iya ………………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and others …………………&hell...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Abdul Mannan Bhuiya ………………….......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..

Category: Criminal Law | Date: | Hits: 79

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abu Taher Chowdhury & others....………………………………......Appellants Vs. State……………………………………………………………………..……....... others Vs. State of Maharashtra, 1971 Vol.III SCC 416; 1969 Vol.I SCC 48; 18 DLR (WP) 112; Lachman Singh Vs. State AIR 1952 (SC) 167; AIR 1972 (SC) 975; AIR 1971 (SC) 1405. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appe......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..

Category: Criminal Law | Date: | Hits: 74

Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)

....ed J.R. Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other&hell...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 88

Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)

....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......p;………......Petitioners (On bail) Vs The State and another ......................Respondent Judgment August 29, 2005 Lawyers Involved: Abdul Majid, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)

.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......e order dated 25-08-1998 passed by the Chief Metropolitan Magistrate, Dhaka in Sabujbagh PS. Case No.69 (9) 1997 directing to make further investigation. 2. Facts, in brief, are that Mr. Md. Abdul Mannan, Inspector, Tejgaon Circle, Dhaka Metropolitan Area, Dhaka, started Sabujbagh P.S. Ca...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 90

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