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Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......t avail of. 2. The appellant’s case in the writ petition was that on 19-9-91 one Tabarakullah, Chairman- in-Charge of No. 8, Sonapur Union Parishad under PS Begumganj lodged a first information report with Begumganj PS against the appellant and another Anwarullah alleging, inter ali...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, 1997 Lawyers Involved: MA Wahhab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on..Category: Criminal Law | Date: | Hits: 98
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......n aged about 28 years, unattached with any political party. He was arrested by the police on 31-1-95 in connection with Motijheel PS Case No. 85 (1)95 under section 392 of I the Penal Code and was forwarded to the Chief Metropolitan Magistrate, Dhaka on 1-2-95 and taken into custody in Dhaka Cen......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ...... Judgment November 20th, 1995 Cases Referred to- Habiba Mahmud vs. Bangladesh and others, 45 DLR (AD) 89, Shameen vs. Government of Bangladesh, 47 DLR (AD) 109. Lawyers Involved: Joynal Abedin, Advocate instructed by Mvi, Md, Wahidullah, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 99
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......and sentence passed by the Thana Magistrate, Tarali, in CR Case No. 95 (1)92 convicting the appellant under section 406 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for one year. 2. Relevant facts for the purpose of the disposal of the appeal briefly be na......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......J Reazuddin Ahmed (Md)……… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: The Appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, Supreme Court, instructed by Md. Sajjad..Category: Criminal Law | Date: | Hits: 78
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......e (appeared with the leave of the Court), instructed by Md. Nawab Ali, Advocate-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......oner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocat..Category: Criminal Law | Date: | Hits: 78
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......e, Sylhet in GR Case No. 77 of 1989 acquitting the accused respondent from charges under sections 107/148/ 149/3241323/307/379 of the Penal Code. 2. One Mokhlesur Rahman lodged a First Information Report on 7-11-86 against the accused- respondents alleging, inter alia, that on 6-11-86......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......hellip;………..Appellants Vs. Mobaswir Ali and others………………..Respondents , Judgment August 20th, 1996 Lawyers Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....w Court his judgment and order were illegal and without jurisdiction. The learned Judges of the High Court Division upheld the said contention and in support thereof referred to paragraph 4 of the Proclamation of withdrawal of Martial Law dated 10-11-86 and observed that the learned Sessions Jud......by a Division Bench of the High Court Division in Criminal Appeal No, 328 of 1986 setting aside the order of conviction under section 302 of the Penal Code and sentence thereunder of transportation for life passed against the two respondents by the learned Sessions Judge, Chandpur on 13-9-1986 in...... of this judgment we are going, dismiss this appeal but we shall be doing it with an agonising feeling that because of sheer incompetence, negligence and bungling at the trial stage in the Special Martial Law Court at Comilla and then in the Sessions Judge’s Court at Chandpur a gruesome ca......Vs. Golam Mostafa & ors………………………………….Respondents Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Ad..Category: Criminal Law | Date: | Hits: 120
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ...... Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record — For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 27 of 1998. Judgment &nbs......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......ance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the offence……………(6) Lawyers Involved: Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-o..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ...... ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners. Not represented— The Respondents. Criminal Petition for Leave to Appeal No. 123 of 1997. Judgment &n...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......e a higher offence as because that can be done at the time of framing of charge or even after that if a higher section is attracted………………..(5) Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advoc..Category: Criminal Law | Date: | Hits: 74
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......amine the witness by the trial court. Lawyers Involved: Abul Quasem, Advocate — For the Petitioner. Not represented— The Respondents. Criminal Petition for Leave to Appeal No. 225 of 1996. Judgment &n......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......tional Sessions Judge rightly exercised his jurisdiction affirmed by the High Court Division in granting opportunity to the accused concerned to cross-examine the witness by the trial court. Lawyers Involved: Abul Quasem, Advocate — For the Petitioner. Not represe..Category: Criminal Law | Date: | Hits: 73
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest law—and in each case the High Court Division will consi......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......tta Hardware Stores and others, AIR 1986 (SC) 614 and Bank of Maharashtra vs. Race Shipping Transport Co Pvt. Ltd. and another, AIR 1995 (SC) 1368. , Gosling vs. Veley 12 QB 328 (407). Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......llip;…………… Respondent Judgment January 28, 1997. The Penal Code, 1860 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant ......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......nt by the accused. Moreover for a conviction of forgery there must be clear evidence as to the above facts which are the ingredients of the offence……………(5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advoc..Category: Criminal Law | Date: | Hits: 92
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......, Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evid......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......sponsible for causing death of the victim, it is therefore evident that the appellant could not be convicted for causing death of the victim Hyder Ali. …………(13) Lawyers Involved: Abdul Malek instructed by Aftab Hossain, Advocate-on-Record—For th..Category: Criminal Law | Date: | Hits: 104
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ...... Judgment February 17, 1997. The Special Powers Act, 1974, sections 24B & 25D (i) We have heard with some compassion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreig......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......to be reduced to rigorous imprisonment for 7 years and the sentence of fine imposed on him should also be remitted……………………….(16) Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoca..Category: Criminal Law | Date: | Hits: 130
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......¦â€¦â€¦.(4) Lawyers Involved: Abdul Malek Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 92 of 1996. Judgment Bimalendu Bikash Roy Choudhury J.- In a case ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......ision will not interfere as the learned Judge of the High Court Division has considered all material aspects of the case justly and upheld the judgment of the trial court………………….(4) Lawyers Involved: Abdul Malek Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record â..Category: Criminal Law | Date: | Hits: 95
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... is dismissed. The Evidence Act, 1872 (I of 1872), Section 5 Positive testimony of a witness and evidence of other witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accu......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Siddique,..Category: Criminal Law | Date: | Hits: 108
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......p; Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a divi...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... Mostafa alias Mosto. ...........Petitioner. Vs. The State, represented by the Deputy Commissioner, Pabna………….. Respondent. Judgment 21st July 2002 Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......he High Court Division in Criminal Appeal No. 680 of 1994 allowing the same upon setting aside the order of the Assistant Judge and Special Tribunal, Shariatpur Convicting the accused respondent for the offence punishable under section 19(A) of the Arms Act and sentencing him to suffer rig......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......Amin J K. M. Hasan J Syed J. R. Mudassir Husain J The State......Petitioner Vs. Nurul Islam……………….Respondent Judgment 13 May 2002 Lawyers Involved: Abdur Razzak Khan, Additional Attorney General instructed by Md. Ahsan Ulla..Category: Criminal Law | Date: | Hits: 106
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......hchu and that they requested him to visit the house of accused Abdur Rashid and proposed marriage of his sister-in-law with A. K. M. Amirul Alam and also gave a proposal to invest Tk. 3,00,000/- for manpower business and aforesaid A. K. M. Amirul Alam agreed and paid Tk. 55,000/- on 08.03.......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ...... Amirul Kabir Chowdhury J The State...........................Petitioner Vs. Abul Kalam...................Respondent Judgment August 3, 2005. Lawyers Involved: Ramzan Ali, Deputy Attorney General, instructed by Mr. B. Hossain, Ad..Category: Criminal Law | Date: | Hits: 92
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......ly 20, 2002. Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......dassir Husain J Abu Sayeed Ahammed J Enamul Haque... .............Petitioner Vs. The State..........Respondent Judgment July 20, 2002. Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner. ..Category: Criminal Law | Date: | Hits: 81
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......te................................Respondent Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 80 of 2001. (From the Judgment and Order dated 4/5-2-2001. Passed by the Hi......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ...... J Judgment 20th July 2002 Mazid Sheikh @ Mazid and others………………Petitioners. Vs. The State................................Respondent Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners. Not Represent..Category: Criminal Law | Date: | Hits: 121
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