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Jahanara Begum Vs. State, 1993, 21 CLC (HCD)

.... on the detenu. The order of detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security), Ministry of Home Affairs, Government of Bangladesh and by this order the period of detention was extended for a further period of 3 months. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Naimuddin Ahmed J Abu Sayeed Ahmed J Jahanara Begum.......................................Petitioner Vs. State...................................................... Opposite Party Judgment ......rism and realisation of subscription. It is further alleged in this ground that at gun‑point he realised subscription from the public in general. In ground No. 2 it is alleged that he kidnapped one Abdul Gafur Sikdar on 5.3.91 and then murdered him and, as such, a case being Mehindiganj Police Sta...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107.   ..

Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1

Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)

.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298   ......h Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2,......ase is also Reported in: 46 DLR (HCD) (1994) 298   ...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298   ..

Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1

State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)

....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354   ......sion (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahammed J State.............................................Appellant Vs. Abdul Khaleque........................Respondent Judgment November 24, 1992. ...... (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahammed J State.............................................Appellant Vs. Abdul Khaleque........................Respondent Judgment November 24, 1992. Result: ......ead for the defence unless they certify that the accused can afford to do so. 3. The case for the prosecution, in brief, is that victim Meher Negar, aged about 16 years (daughter of P.W. 3 Abdul Wahab Khalifa and P.W.4 Anwara Begum) was married to accused about 4 months before the occurrence. P..

Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4

Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)

....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77.       ......p; Md. Abdul Karim J Abul Hossain and others…………………………………………Appellants Vs. State…………………………&helli......       ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77.       ..

Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6

Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

....er to him as listed in Annexure F to the petition which are stated to be in the Jimba of one Sekander Ali Munshi. Let a copy of this judgment be sent to the Secretary, Ministry of Establishment, Bangladesh Sachibalaya, Dhaka (Respondent No. 4) for taking appropriate action against Mr. AKM Musa,......pecial Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others………………………......now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....or non‑receipt of the consignment. Over that matter an Enquiry Committee was constituted and the Committee after necessary enquiry submitted its report and oil the basis of that report the CCM (C), Bangladesh Railway, Chittagong asked the Divisional Mechanical Engineer, Paksey on 3.3.76 for direct......ourt High Court Division (Criminal Appellate jurisdiction) Present: Mahmudul Amin Chowdhury J Syed Ali Mandal alias Md. Syed Ali and 4 others……..Appellants Vs. State…………………………&helli......e prosecution that the CCM (C), Bangladesh Railway, Chittagong asked DME, Paksey to direct the Loco Foreman, Santahar to return 11000 gallons of superior kerosene oil to the actual consignee, but Mr. Abdul Kashem, the DME, Paksey illegally and dishonestly without directing the Loco Foreman, Santahar......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......;                                 Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal A......ida Khatun (P.W.1) in village Anwarpur, PS Balaganj, District Sylhet in which one ASI Harunur Rashid and four constables, namely, 1. Lal Miah, 2. Gouranga Chandra Nath (respondents in this appeal) 3. Abdul Halim and 4. Moinuddin of Balaganj PS and some private persons were involved. The complainant ......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

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

.... granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (AD) 95, 31 DLR (AD) 69, 30 DLR (SC) 28, 35 DLR 100; Bangladesh Vs. Tan Heng Hock, 31 DLR (AD) 69; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 19.......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Bari Sarker J Habibur Rahman Khan J Hossain Mohammad Ershad..............Petitioner Vs. The State…………………………&h...... Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....iminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another...................ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judg......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Govern­ment of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alias Ashraf &am......tafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Govern­ment of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alias Ashraf & another........................Respondents Judgment ...... and caught by the miscreants who started assaulting and dragging him towards Mathurapur ghat. Some of his companions recognised four of the miscreants, such as, accused Akbar, Ashraf, Abul Khair and Abdul Matin in the moon‑light. The Chairman could not be traced out during the night. The matter w......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)

....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J A Gafur alias Haji Abdul Gafur & others.................Appellants Vs. Jogesh Chandra Roy and another.............................Respondents Judgment ......991) 62. ......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ..

Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76

Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)

....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......t Division (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Sharif (Mohd) .................Complainant‑Appellant Vs. Mohd Obaidur Rahman & others .......................Accused Respondents Judgment ......iced in their defence………………………… (4) Cases Referred to- Shamsul Huq @ Shamsul and others Vs. The State, 38 DLR (AD) 75; Abdul Aziz Vs. the State and others, BCR 1987 (AD) 140. Lawyers Involved: AKM Harunor Ras......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..

Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......te Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Wajear Rahman Moral (Md.) .......................Appellant Vs. The State ...............................Respondent Judgment August 20, 1990. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......gony for laches of others – Hence death sentence is commuted to one of life imprisonment. Case Referred to- Sheikh Minted Vs. The State 3, BSCR 417. Lawyers Involved: MA Wahab Miah, Advocate-For the Appellant. B Hossain, Advocate-on-Record - For the Respondents. ..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......llate Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J State................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. ......s Case No.213 of 1979. The respondents were charged under section 302/34 and 201 of the Penal Code and the other accused (since acquitted) were charged only under section 201 Penal Code. 3. One Abdul Hakim Talukder, a residence of village Jainkathi, PS Patuakhali, was alleged to have been murd......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..

Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50

Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)

.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Abdul Jalil.............................Appellant. Vs. Jashim Munshi and another ………..Respondent Judgment August...... 43 DLR (AD) (1991) 118. ...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..

Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50

Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)

.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......J MH Rahman J ATM AfzaI J Mustafa Kamal J Abdul Hai Sikder and another…………………………….Appellants Vs. The State ...................................................Respondent Judgment ......s also Reported in: 43 DLR (AD) 95. ...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91

Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)

....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......eme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Badsha Mia and others............................Appellants Vs. Abdul Latif Majumder and others ............Respondent Judgment July 30, 1990. ...... Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Badsha Mia and others............................Appellants Vs. Abdul Latif Majumder and others ............Respondent Judgment July 30, 1990. Result......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ..

Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Dr. Md. Abdul Baten................................Petitioner Vs. The State..............................................Opposite Party Judgment J......his Case is also Reported in: 43 DLR (1991) 60. ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)

....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bakul Howlader @ Shamsul Alam.....................Accused-Appellant Vs. The State ..................................Respondent Judgment May 20, 1990. ......ot injury killing victim Motleb. In that case after investigation charge sheet has already been submitted by the Police on 4.8.88. 3. On the self‑same incident another GD Entry was recorded by Abdul Hashem, the maternal uncle of deceased Motleb, alleging, inter alia, that Chunnu Chowdhury and......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ..

Category: Criminal Law | Date: 20 May, 1990 | Hits: 100

Fazal & others Vs. State, 1990, 19 CLC (HCD)

....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......1991) 40. ......itional District Magistrate for disposal of the case in accordance with certain remarks passed in the body of the judgment. 3. The prosecution case was that on 9.3.86 at about 6 PM as the victim Abdul Majid, son of the informant was returning home from the nearby Nayadighi Bus Stand, the petiti......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ..

Category: Criminal Law | Date: 14 May, 1990 | Hits: 66