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Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Mashuque Hosain Ahmed J Sheikh Abdul Awal J Monohar Joarder and others............Appellants Vs. State.............................................Respondent Judgment January 15,...... Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......rt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment...... Saydur Rahman, 36 DLR (AD) 48; Jobeda Khatun Vs. Momtaz Begum and others, 45 DLR (AD) 31; Nader Ali Sk Vs. State, 35 DLR 180; Abul Basher and another Vs. Hasanuddin Ahmed and others, 51 DLR (AD) 14; Abdul Majid Mondal Vs. State, 4 MLR 191=51 DLR 287. Lawyers Involved: Md. Majibur Rahman, ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....ill not allow withdrawal of case mechanically although Government recommended withdrawal. It is also specifically stated that accused-petitioners are closely related to Saifur Rahman, Ex-President of Bangladesh Nationalist Party, Gopalgonj Unit, accused-petitioner No.5 is the full maternal uncle of ...... (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Badar Biswas & ors......................................Petitioners Vs. State ........................................................Respondent Judgment ...............................................Respondent Judgment January 9, 2005. Result: The Rule is discharged. Cases Referred to- Sikander Ali Vs. State, 31 DLR (AD) 135; Abdul Hakim Chowdhury Vs. Ruhul Amin and State, 40 DLR 259; Abdul Khaleque and others Vs. Md. Hanif ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....2 involving same facts, are taken up together for disposal and this judgment would govern both the Rules. 2. One Md. Abdul Hai, Anti Corruption Officer, (Task force No.1) Anti Corruption Bureau, Bangladesh, Dhaka lodged the first information report on 8‑1‑2002 with the Ramna Police Station,...... High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J AFM Ali Asgar J Nasim (Md.) and another........................Petitioners Vs. State..................................................Opposite Party Judgment Ja...... State..................................................Opposite Party Judgment January 4, 2005. Result: The Rules are discharged. Cases Referred to- AIR 1945 PC 156; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; 14 DLR (SC) 96; 14 DLR (SC) 235; 15 DLR 549; 19 DL......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....fficient. At the time of hearing the learned Additional Attorney-General produced Memo No. 4561 dated 30‑3‑2004 issued by the Deputy Director (Raj/Rangpur), Bureau of Anti Corruption Bangladesh, and submits with reference to the above memo dated 30‑3‑2004 that under Memo......ate Division (Criminal) Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J Atiquzzaman Khan (Md).........Appellant Vs. State……………………Respondent ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....victim, the three other being the members of the unlawful assembly are equally liable. Cases Referred to- Abdus Samad @ AKM Abdus Samad and others vs State 44 DLR (AD) 233; Bangladesh vs Abed Ali and others 36 DLR (AD) 234. Cases Referred: A K ......on (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J Haider Ali and others ...............................Appellants Vs. State………..Respondent Judgment November 4, 2003......h dao, fikol, kocha sola, lathi and other weapons. On hearing the hue and cry, Fatik Mia, brother of the informant, Bhabi, named Angura Bibi, sister of the informant also named Angura Bibi his father Abdul Jalil and Lai Bibi came to the place of occurrence. Dilbahar, after taking a fikol from the ha......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....hment on the ground of delay or in exercise of discretion or for complete justice. ..............(12) Cases Referred to: Md. Shamsuddin vs. State and others, 40 DLR (AD) 69; Bangladesh vs. Amjad Ali Mridha and others, 56 DLR (AD) 119. Lawyers Involved: A...... (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents ......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......ision (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State…………….................Petitioner Vs. Md. Amir Hamza…..........Respondent Judgment July 31, 2004. Result: ......erred to- Prativa Rani Dey Vs. Dr. Md. Yousuf 52 DLR (AD) 8. Lawyers Involved: Abdur Razaque Khan, Additional Attorney‑General (Khondaker Mahbubuddin Ahmed, Senior Advocate and Abdul Malek, Senior Advocate with him), instructed by Mvi Md. Wahidullah, Advocate‑on‑Record‑F......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Mukul Vs. State, 2004, 33 CLC (AD)
.... Vs. State……..Respondent Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This prov...... J MM Ruhul Amin J Md. Tafazzal Islam J Mukul …………….Petitioner Vs. State……..Respondent Judgment July 10, 2004. ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ...... Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Roquib Mohammad Fakrul alias Rocky…………..Appellant Vs. Md. Abdul Kashem & others ..................Respondents ......rim J MA Aziz J Amirul Kabir Chowdhury J Roquib Mohammad Fakrul alias Rocky…………..Appellant Vs. Md. Abdul Kashem & others ..................Respondents Judgment ...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....ed in Sessions Case No.46 of 2000. E. Copy be forwarded for information and necessary action to: i Learned Additional Sessions Judie, Pirojpur. ii. Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka. iii. Inspector General of Police, Dhaka. iv. Superintendent...... Present: AK Badrul Huq J Md. Abu Tariq J State………………………………………Petitioner Vs. Md. Delwar Hossain Faraji…………Convict (in abscondence) Judg......;Convict (in abscondence) Judgment May 18, 2004. Result: The Death Reference No.39 of 2001 is accepted. Cases Referred to- Gourangh Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Matleb Howlader Vs. State, 6 BLC (AD) 1; State Vs. Kalu Bepari, 43 DLR 249; Shamsuddin Vs. Sta......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......gh Court Division (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Afzal Hossain Ahmed J Shakawat Hassan.................................Petitioner Vs. State.................................................Opposite Party Judgment &nb..........................................Opposite Party Judgment April 4, 2004. Result: The Application is disposed of. Case Referred to- Abdul Wadud Vs. State, 48 DLR 599. Lawyer...... This Case is also Reported in: 57 DLR (2005) 244. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....prisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Constitution of Bangladesh, 1972, Articles 103 & 104 Considering the facts and circumstances of the cases and......t Appellate Division (Criminal) Present: Syed JR Mudassir Hussain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the convict...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State.............................................Petitioner Vs. Anjuara Khatun................................Condemned Prisoner Judgment ...... February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. Cases Referred to- Abdul Bahar alias Abul Bashar and others Vs. State, 1995 BLD 84; Nazir and others Vs. State; PLD 196......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......sent: SK Sinha J MM Rahman Bhuiyan J State…………………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgme......at, AIR 1964 SC 1563; Bhikari Vs. State of Uttar Pradesh, AIR 1966 SC 1; Fayasena Vs. Reginam, (1970) 1 All ER 219. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistant Attorney-General and Fara Mahmuda, Assistant Attorney-General- For the State-...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J Abdul Bashir alias Bashu .............Petitioner Vs. State..................... Respondent Judgment January 18, 2004. Result: The pe......Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ision (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J Ershad Ali Sikder (Md) ...........Petitioner Vs. State ……. Respondent Judgment December 9, 2003. ......rded, specially in view of the fact that their evidence has not at all been shaken in the cross‑examination………………………….(26) Cases Referred to: Md. Abdul Majid Sarker vs State, 40 DLR (AD) 83; Fateh Khan and others vs State 15 DLR (SC) 51; State of......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......(Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents. Judgment August 23, 2003. ......f conviction 23‑8‑1986 passed by Additional District Magistrate in CR Case No. 1080 of 1986 passed by Additional District Magistrate in CR Case No. 1080 of 1982 conviction the petitioners Abdul Jalil, Abdus Salam and Abdur Rahman under section 467 of the Penal Code and sentencing them to......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ...... Court Appellate Division (Criminal) Present: Md. Ruhul Amin J KM Hasan J Khandaker Abdul Hannan............................Appellant Vs. Sayara Begum, and another............Respondent Judgment April......nd. Ed. ......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......rted in: 56 DLR (AD) 146. ......rocedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject matter. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Record‑For the Appellant...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
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