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Lukus Miah Vs. State, 1991, 20 CLC (HCD)

....is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......olam, Maola, Special Tribunal Judge, Moulvibazar in Special Powers Act Case No. 43 of 1988. 2. The prosecution case as given in the FIR lodged by the informant Lailunnessa (PW 1) against the three accused persons including the present appellant Lukus Miah which runs as follows: “আসাম..

Category: Criminal Law | Date: | Hits: 68

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......sfer of Special Tribunal Case No. 60 of 1991 now pending in the Court of Senior Special Tribunal No. 1, Dhaka on the grounds, inter alia, that there arose a reasonable apprehension in the mind of the accused that he would not get a fair and impartial trial from that Tribunal stating the grounds for ..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......ainant. Criminal Appeal No. 396 of 1988 with Criminal Appeal No. 408 of 1988. Judgment Qazi Shariuddin J.- Accused‑appellant Baharul Islam has preferred Criminal Appeal No, 396 of 1988 and accused‑appellants Delwar Hossain, Abdul Bari, Osman Gani and Bashirul Alam have preferred Crimina..

Category: Criminal Law | Date: | Hits: 87

Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)

.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......body and sent it to the morgue for post‑mortem examination. The doctor after post‑mortem examination found that the injuries were ante‑mortem and homicidal in nature. In course of investigation accused appellant Nazrul and accused Kashem was arrested on 4.5.85. Both these two accused made conf..

Category: Criminal Law | Date: | Hits: 86

Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)

....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ...... the cheque was dishonoured on 15th June, 2008. Thereupon, the drawee-respondent served a legal notice through his lawyer on 22nd June, 2008 requesting the petitioner for payment of the money but the accused petitioner despite receipt of the notice did not respond to the request. Thereafter the resp..

Category: Criminal Law | Date: | Hits: 118

Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)

....pecial Tribunal No. 2, Narayanganj convicting and sentencing the petitioners to suffer RI for 3 years each under section 4(c) and 4B of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and absconding accused Nurul Islam and Shaha Alam were sentenced to suffer RI for 10 years for the offen......unal No. 2, Narayanganj convicting and sentencing the petitioners to suffer RI for 3 years each under section 4(c) and 4B of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and absconding accused Nurul Islam and Shaha Alam were sentenced to suffer RI for 10 years for the offence punishab..

Category: Procedural Law | Date: | Hits: 76

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201....... not take any action against the Manager as the Manager had got some high official relations in the bank. The Deputy Director, Anti‑Corruption Department, Chittagong Division made Abdul Awal Mia an accused in the criminal case but due to illegal influence of the relations he was not charge‑sheet..

Category: Civil Law | Date: | Hits: 82

Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)

....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......hi, Advocate ‑ For the Petitioner. M Habibullah, Advocate ‑ For the Opposite Party No.1. Criminal Revision No.235 of 1985. Judgment Muhammad Ansar Ali J.- This Rule at the instance of accused petitioner Mrs. Sigma Huda in an application under section 561A of the Code of Criminal Proc..

Category: Family Law | Date: | Hits: 191

Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)

....convenience witnesses. After the amendment of the Code of Criminal Procedure by adding section 339B the Court is competent to proceed with the trial in the absence of any accused person who is either absconding or absenting after his production or appearance before the Court after his release on bai......t. The hijackers fired 3 rounds of shot towards those persons. Mahbubur Rahman Khan was arrested with the revolver and bullet but other hijackers fled away. Mahbubur Rahman disclosed the name of co‑accused Jitu, Quddus, Selim and Bijoy who had fled away. Then he took the accused Mahbubur Rahman Kh..

Category: Criminal Law | Date: | Hits: 75

State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)

....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......d by the High Court Division in Criminal Miscellaneous Case No.17892 of 2010). Judgment ABM Khairul Haque CJ.- This petition is against the Order dated 8-6-10, granting anticipatory bail to the accused-respondents by the High Court Division, in Criminal Miscella­neous Case No. 17892 of 2010. ..

Category: Criminal Law | Date: | Hits: 89

Kadu and others Vs. State, 1990, 19 CLC (HCD)

....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......zaman J. - This appeal is directed against the judgment and order dated 10.8.77 passed by the Additional Sessions Judge, 1st Court, Mymensingh, in Sessions Case No. 22 of 1976 convicting the 4 (four) accused‑ appellants, for the offence punishable under sections 302/34 of the Penal Code and senten..

Category: Criminal Law | Date: | Hits: 74

Anwar Hossain Majhi Vs. Government of Bangla­desh & others, 1989, 18 CLC (HCD)

....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......however, after completion of investigation failed to find any prima facie case against him, so far Bhederganj PS Case No. 8 dated 29.2.88 was concerned and as such he was omitted from the category of accused in the police report submitted therein. Having come to know about the pendency of the other ..

Category: Election Law | Date: | Hits: 121

Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)

....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......s 54 and 55 of the said industrial Relations Ordinance and after appearance granted bail to the petitioner; that the petitioner filed an application under section 241A of the Cr.P.C. to discharge the accused petitioner but the learned Magistrate by order dated 27.4.89 rejected the petition and frame..

Category: Criminal Law | Date: | Hits: 69

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......of 2004 before the Court of Chief Metropolitan Magistrate, Dhaka which was subsequently registered as Ramna Police Station Case No.57 dated 18.09.2004 against the respondent Nos.1 and 2 and others as accused persons under Sections 406, 420 and 506 of the Penal Code corresponding to G.R. Case No.896 ..

Category: Civil Law | Date: | Hits: 113

Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)

.... convicted this present appellant Sohel @ Sanaullah and others under sec­tions 302/201/34 of the Penal Code and sentenced this present appellant to death and sentenced the other appellant Hannan and absconding co-accused Hanif and Mannan to suffer imprisonment for life with varying amount of fine, ......of 2004 along with Criminal Appeal No. 2331 of 2004, Criminal Appeal No. 2282 of 2008 and Jail Appeal No. 690 of 2004). Judgment Nazmun Ara Sultana J.- This appeal, by leave, it the instance of accused Sohel @ Sanaullah @ Sohel Sanaullah is against the order of sending beck the case on remand ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Keramat Ali & another, 2010, 39 CLC (AD)

....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......aulted Muslim Uddin for such cutting of their ail. The said occurrence was informed to the village elites includ­ing the informant who assured him that they would settle the matter between them. The accused persons including the accused-respondents became furious for the act of the informant. Conse..

Category: Criminal Law | Date: | Hits: 90

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ......nt together with a statement of allegations on which it is based and of any other circumstances which the authority proposes to take into consideration when passing orders on the case and require the accused Government servant to submit within ten to twenty working days, a written statement of his d..

Category: Employment/Service Law | Date: | Hits: 79

Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)

....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......tence passed by the Magistrate 1st Class, Sirajdikhan. 2. The complainant Din Islam filed a petition of complaint in the Court of Upazila magistrate, Sirajdikhan on 4.10.86 to the effect that the accused petitioners and one Habibun Nessa on 19.9.86 at about 7/8 A.M forming an unlawful assembly e..

Category: Criminal Law | Date: | Hits: 73

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......ternative remedy does not debar the exercise of jurisdiction by the High Court Division under Article 102 of the Constitution when the facts and circum­stances of a particular case are such that the accused person had no reasonable opportunity to avail of the statutory remedy under section 30 of th..

Category: Civil Law | Date: | Hits: 113

Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)

....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......asuddin Ahmed, Advocates ‑ For the Petitioner. Not represented ‑ the Opposite Parties. Criminal Revision No.82 of 1985. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner under section 561A calling upon the opposite parties to show cause why the crimin..

Category: Criminal Law | Date: | Hits: 132