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State Vs. Saidul and others, 2007, 36 CLC (HCD)

....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......e and other pieces of evidence, one can find that there is doubt as to his complicity in the occurrence and accordingly, he is entitled to benefit of doubt. His abscondence alone cannot be the ground for his conviction……………………………(45) Result: The Death Reference is ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. .......143 of 2004 are dismissed. Cases Referred to- Nurjahan Begum Vs. State, 42 DLR (AD) 130; Arshad Ali Mirza Vs. State, 7 BLC 265; State Vs. Abdul Barek, 7 MLR (AD) 17 = 54 DLR (AD) 28. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney-General with Md. Yamin Newaj Khan, Assis..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......ses cannot be a manifestation that such witnesses were unwilling to support the prosecution case. The prosecution is not bound to examine all the witnesses cited in the charge sheet inasmuch as it is for the prosecution to decide how many witnesses will examine amongst the cited witnesses for establ...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ...... (AD) 95; 44 DLR 217; 45 DLR 68; 50 DLR 565; 50 DLR 618; 40 DLR 122; 53 DLR (AD) 1; 12 BLD (AD) 180; 8 BLC 275; 33 DLR 274; 6 BCR (AD) 225; 25 BCR 392; 37 DLR 237; 12 BLD (AD) 190; 44 DLR (AD) 10. Lawyers Involved: Md. Abdul Baset, Deputy Attorney-General with Rawshan Ara Begum, Assistant Atto..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)

....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......nwarul Hague J. — This Death Reference under section 374 of the Code of Criminal Procedure submitted by Mr. Md. Jahangir Alam Mollah, the learned Judge of the Drutta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death of the (l)Monir Hossain son of Md. Nazrul Islam (2) Lipaya son......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......l Haque, 8 BLC 132; Rustum Vs. State, 11 BLC 467; Sarafat Mandal @ Mander Mondal Vs. State, 11 MLR 168 = 11 BLC 1; Mostain Mollah Vs. State, 44 DLR 295; Rajastan Vs. Kartar Singh, 1970 AIR 1305. Lawyers Involved: SM Aminul Mam, DAG -with AKM Nurul Alam, AAG—For the State. Mahbub..

Category: Criminal Law | Date: 27 May, 2007 | Hits: 5

Ful Miah & others Vs. State, 2007, 36 CLC (HCD)

....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ...... @ Akbar Ali Kajal Miah, Abdul Ahad and Liakot Ali and the petitioner Md. Ishak Mia@ Hoson Mia @ Kason Mia guilty under sections 19A and 10(f) of the Arms Act and sentenced with rigorous imprisonment for 10 years on each count with a direction to run the sentences concurrently. This Judgment governs......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ioner (In Jail) Vs. The State…………………………………Opposite Party Judgment January 25, 2007. Result: The appeal is dismissed with the modification of sentence. Lawyers Involved: M.A. Shahid Chowdhury - For the appellants. S.N. Goswami with Miss Afsana Be..

Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ...... 29 of the Nari-O-Shishu Nirjaton Damon Ain 2000 read with section 374 of the Code of the Criminal Procedure, has been made by the learned Judge, Nari-O-Shishu Nirjaton Damon Tribunal, Jamalpur, for confirmation of death sentence imposed upon the condemned prisoner Md. Abdul Gofur on his convic......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......State, 2 BLC (AD) 126; Abdul Motleb Howlader Vs. The State, 21 BLD (AD) 27; Abdul Motleb Howlader Vs. The State, 5 MLR (AD) 362; Abdur Rashid Vs. The State, 27 DLR (AD) 1; 50 DLR 10; 52 DLR 370. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General and Nasreen Akhter, Assistant Attorn..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....tan, Police Station Lalbag. Thus, to say that the previous I.O. visited the house of the father-in-law of the accused and spoke to his mother-in-law is a fallacious argument. Equally, to say that the Proclamation and Attachment were properly served at that address is, so to say, 'putting the cart be......f 2005. Judgment Md. Imman Ali J.-This Reference under Section 374 of the Code of Criminal Procedure made by the learned Metropolitan Additional Sessions Judge, Third Court, Dhaka is submitted for confirmation of the sentence of death imposed upon accused Shahid Javed Gaira alias Garib Miah, ......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......bur Rahman @ Razibulla Vs. State, 58 DLR 393; Nurul Islam and others Vs. The State, 43 DLR (AD) 6; Belal Ahmed Vs. The State, 40 DLR 154; Amar Kumar Thakur & ors Vs. The State, 8 BLD (AD) 101. Lawyers Involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant A..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......f the accused-appellants. 2. The prosecution case in short, is that J.C.O. 4527 Naik Subedar Md. Abdul Jabbar, 6 Rifle Battalion, Chapai Nababgonj Police Station, District Chapai Nababgonj on as informant 15.9.2003 lodged First Information Report with Chapai Nababganj Police Station implicating a......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......��…………………….Accused-Appellants Vs. The State……………………………………………. Respondent Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorne..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......ent No.4. Writ Petition No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,00......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......rojini De Chowdhury, AIR 1939 Cal 337; Keshav Datta Misra Vs. State, AIR 1967 All 276; Paras Nath Vs. State, AIR 1969 All 116; Ali Hossain Vs. State, 52 DLR 282; Rowshan Ali Vs. State, 52 DLR 510. Lawyers Involved: Nizamul Haque with Dr. Shahdeen Malik and Amatul Karim, Advocates - For the Pet..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ...... Additional Sessions Judge convicted the appellant under item No.1 (kha) of the Table of section 19(1) of the Narcotics Control Act, 1990 briefly, the Act of 1990, and sentenced her with imprisonment for life with a fine of Tk. 20,000/-, in default, to suffer rigorous imprisonment for 3 months more.......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......sh, AIR 1956 S.C. 411; Radha Kishan Vs. State of Uttar Pradesh, AIR 1963 S.C. 822; State of Maharashtra Vs. P.K. Pathak, AIR 1980 S.C. 1224; State of Punjub Vs. Balbir Singh, AIR 1994 S.C. 1872. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney-General-For the State. Jail Ap..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......l Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death sentence imposed upon the condemned prisoner Maku Rabi Das, on his convict......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......d. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attor..

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......dvocate-on-Record- For the petitioner. Abdul Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 47 of 2004. Judgment &......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......lip;……………………………………..Respondent Judgment October 23, 2005 Lawyers Involved: Abdul Malek, Senior Advocate, (S.M. Shajahan, Advocate, with him), in..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)

....wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......essions Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant and absconding accused Ful Banu under sections 314/34 of the Penal Code and sentencing to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer further rigorous imprisonment ......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......lip;………………………………Respondent-State Judgment July 27, 2005. Result: The Appeal is dismissed. Lawyers Involved: Md. Khurshid Alam Khan, Advocate‑ For the Appellant. Md. Faisal Hossai..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ...... across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first information report with Police Station which was drafted and processed by father of deceased lady and ......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ...... State of Kerala and others Vs. Revada Chandrasekhar and others, 2001 SCC (Crl) 1048; Woolmington Vs. Director of Public Prosecutions, (1935) AC 462; Zilu Mia and others Vs. State, 1988 BLD 418. Lawyers Involved: Mahbubur Rahman with Zainal Abedin and Md. Abu Taher, Advocates- For Convict..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)

....e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......between the petitioner and the accused opposite party No.1. The accused persons made an unlawful assembly with a bad intention to do harm to the petitioner on the date of occurrence and entered forcefully to the dwelling house of the petitioner situated in plot No.1332 under the Bakargathi M......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......��…Petitioner Vs. Mosharef Hossein Sikder son of Late Abdul Mannan Sikder and others………………State Judgment June 15, 2005. Result: Rule is absolute. Lawyers Involved: Khurshid Alam Khan, Advocate-For the Petitioner. A.B.M. Waliur Rahman K..

Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2

Emarat Ali Vs. State, 2005, 34 CLC (HCD)

....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......5. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the application within the period fixed by statute. Where the Court before exerc......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......p;…..(28-30) Cases Referred to- Masum Ali and others Vs. State, 37 DLR 261; Montu Miah Vs. Akhlakur Rahman, 28 DLR 74; Jamir Hossain and others Vs. Crown, PLD 1949 (Lahore) 179. Lawyers Involved: Abdul Matin Khasru with Habibur Rahman and Farhad Ahmed‑ For the Petitioner..

Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......ict and Sessions Judge), Comilla in Special Case No.118 of 2001 convicting the accused appellant under section 471 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for 3 (th......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......llip;…………………………………Respondent Judgment May 16, 2005. Result: The Appeal is allowed. Lawyers Involved: Nazrul Islam, Advocate- For the Appellant. MU Ahmed, Assistant Attorney-..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......r Razzaque Khan, Additional Attorney General (Abdur Rouf, Deputy Attorney General and Faisal H. Khan, Assistant Attorney General with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record, for the Appellant (in all the appeals). T.H. Khan, Senior Advocate, (Habibul Islam...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......5. Cases Referred to- Abdul Quader Vs. State, 28 DLR (AD) (1976)38, Ghulam Muhammad Vs. Muzammel Khan, P.L.D. 1967 (SC) 317, Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (S.C.) 764, R. P. Kapur Vs. State of Punjab, A.I.R. 1960 (SC) 866, M.S. Khawaja Vs. Stat..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ......e appellant as complainant filed a petition of complaint in the Court of Senior Special Judge, Narayanganj against the accused-respondents alleging, inter alia, that the accused Atahar Uddin Ahmed former manager and accused Md. Momin Ali Bepari former Senior Officer of Islami Bank Bangladesh Lim...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ...... 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam Azad Vs. The State, 48 DLR 294; Nagandra Chandra Sarker Vs. Aftab Uddin, 15 BLD (AD) 133; Alauddin and others Vs. The state, 4 BLD 75. Lawyers Involved: Muhammad Nazrul Islam, Advocate - For the appellant. None appears - For..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Montu and others Vs. State, 2005, 34 CLC (HCD)

....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......gail PS Case No.19 dated 24‑2‑2004 convictin the petitioners under section 4(1) of the Ain Sringkhola Bignokari Aparadh (Druta Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonment for ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ...... The Rule is discharged. Cases Referred to- Mohammad Ali and others Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bimal Chanda Das and others Vs. State, 51 DLR 466. Lawyers Involved: Abul Basher Bhuiyan with Md. Shamsul Alam, Advocates‑ For the Petitioners...

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... of 2001 convicting the jail appellant Md. Sohel Rana under section 9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 (in short, Ain, 2000) and sentencing him thereunder to rigorous imprisonment for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment for fur......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..................................Respondent Judgment April 19, 2005. Result: The Jail Appeal is allowed. Nari‑o‑Shishu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the App..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

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