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Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ...... lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration which is also singularly absent in this case. ………&helli......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......ip;……(7 & 12)   Case Referred to-   SAM Iqbal vs. State and another, 3 BLC (AD) 125.   Lawyers Involved:   Rokanuddin Mahnzud, Senior Advocate (SS Halder Se..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......m by his order dated 2‑5‑2000. 2. Md. Golam Rabbani, Chairman of Shuvadanga Union Parishad, Rajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on laying a First Information Report by Md. Golam Rahman, brother of deceased Md. Golam Rabbani as informant which led t......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......e Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused petitioner is restored. Lawyers Involved: Golam Arif Tipu with FRM Nazmul Ahsan, Advocates‑For the Accused-Petitioner..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)

.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......text of his friendship, on the night following 2-6-1993, the accused petitioner abducted his wife After futile attempts to trace his wife, the complainant opposite party No.1 filed the instant case before the learned Magistrate, First Class Panchagarh, on 7-6-1994, being Miscellaneous Case No.345 of...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......Golam Rahman (Md.) ……….Accused-Petitioner Vs. Md. Bazlur Rahman (Babu) and one other……….Opposite Parties. Judgment December 2, 1999. Lawyers Involved: Ziaul Karim with Syeda Mymuna Begum, Advocates—For the Petitioner. ..

Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ....... The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and mater......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ...... (AD) 14; Hedayet Ullah Khan vs. Crown, PLD 1949 Lahore 21; Zahur Ahmed vs. State, PLD 1974 (Lahore) 256; Crown vs. Khushi Muhammad, 5 DLR (FC) 86; Sadek Ali vs. State 18 DLR (SC) 393. Lawyers Involved: Mahmudul Islam Attorney-General, (B Hossain, Deputy Attorney-General an..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

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

.... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......ult: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Whether a criminal proceeding can be quashed on the ground of lodging of F.I.R. by the informant under order of the Home Ministry or on the denial of prosecution allegations by the accused ...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......se barred by law. A prosecution cannot also be quashed just because it was initiated at the instance of the Home Ministry. Cases Referred to- Sudbanya Bawali & others Vs. Emperor 18 Cr. Law Journal 781; Krishna Gopal vs. Emperor 92 IC 589; Farruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....hand, that this Court has no jurisdiction to go into this matter on this application, inasmuch as, the proceeding has been initiated under the Martial Law Regulations 1975 and clause (g) of the First Proclamation of 20th August, 1975 has ousted the jurisdiction of this Court The next contention of t......Opposite party Judgment August 12, 1977. Result: The rule is made. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shah Alam Vs State, 28 DLR 448; Zaforul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Solicitor Vs. A.T. Mridha, 26 DLR (SC) 1......aten mercilessly by the police and subsequently an information was lodged by the opposite party No. 4, the Officer- in-Charge of Puthia Police Station under G.D. Entry No. 601 dated 20.6,76 under the Martial Law Regulations 7(2) (C) on the allegation, inter alia, that the accused-petitioner occupied...... 28 DLR (AD) 38; Shah Alam Vs State, 28 DLR 448; Zaforul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Solicitor Vs. A.T. Mridha, 26 DLR (SC) 17; S.R. Kapur Vs. State. ATR 1960 (SC) 866. Lawyers Involved: S. S, Halder, A. Y. Mashiuzzaman—For the Petitioner. K. A. Wahdb, ..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......r Rahman and Habibullah Bhuiyan should not be quashed or such other or further orders passed as to this Court may seem fit and proper. 2. Heard Mr. Shawkat Ali Khan, the learned Advocate appearing for the petitioners and Mrs. Sufia Khatun, the learned Assistant Attorney-General appearing for the ......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......tin J Abdus Samad Khan and 3 others…………..Petitioners Vs. 1. State 2. MA Razzak……………..Opposite Parties Judgment June 3, 1997. Result: The Rule is discharged. Lawyers Involved: Shawkat Ali Khan with Fariduddin Reza, Fazlul Hoque Khan, Khurshid Alam Khan an..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67

Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)

....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......ner (In all Revisions). SR Paul with Bazlur Rahman Chhana and Momtazuddin Fakir, Advocates-For the Opposite Party No.1 (In Criminal Revision Nos. 88, 89 and 90 o 1987). Md. Khurshid Alam Khan, for Alimuzzaman Chowdhury, Advocates ‑ For the Opposite party No.1 (In Criminal Revision No. 104 o......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......hammad Abdul Mannan J Khorshed Alam……………………….............Petitioner Vs. Azizur Rahman & another....................Opposite‑Parties Judgment August 13, 1995. Lawyers Involved: Md. Abdul Malek with Iman Ali, Amatur Noor Begum, AHM Mostifiqur Rahman and Bin..

Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99

Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)

....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ...... Kasiani Police Station, District, Gopalganj to the effect that the petitioner Nos.1 and 2 in connivance with each other misappropriated Taka 12,674.00 by withdrawing the said amount from the Bank by forging the signatures of four teachers of Parulia High School. The said amount was shown as the sal......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ...... Referred to- Abdus Salam Vs. State, 36 DLR (AD) 58; Golam Jilani Vs. Govt. of West Pakistan, 19(SC) 426; Mihir Lal Saha podder @ Mihir Kumar Poddar and another Vs. Zhunu Rani Saha, 37 DLR 227. Lawyers Involved: Kazi Shahadat Hossain, Advocate- For the Petitioner. Syed Matiul Islam, Assi..

Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80

Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)

....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......Abdul Kader alias Kada, Hasen Ali, Md. Dudu, Mofizuddin alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before the occurrence accused......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......Kader alias Kadu and others……………………………Appellants Vs. State……………………………Respondent Judgment May 16, 1994. Result: The appeal is allowed. Lawyers Involved:  Khondker Mahbub Hossain with Golam Kibria and Md. Afzal Hossain, Advocate..

Category: Criminal Law | Date: 16 May, 1994 | Hits: 31

Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)

....e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276   ......detenu and the said provision is mandatory. Section 9. Commencement and termination of time, (1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the w......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276   ......other period of time, to use the word 'from' and, for the purpose of including the last i.e. a series of days or any other period of time to use the word 'to'…… (7) Lawyers Involved: AS Md. Ramjan Khan, Advocate—For the Petitioner. Syed Abu Kowsar, ..

Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3

Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)

....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......No. 400 of 1991 rejecting the revisional application under sections 435/438 of the Code of Criminal Procedure. 2. The opposite party herein Md. Mainuddin Hossain Chowdhury filed an application before the Upazila Magistrate, Comilla under section 147 of the Code of Criminal Procedure complaining......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ...... Judgment February 27, 1994 Result: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DLR (AD) 246. Lawyers Involved: Md. Amir Hossain, Advocate‑For the Petitioner. Md. Majibar Rahman, Adv..

Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1

Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)

....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......2 with Palashbari PS Gaibandha, in which she alleged that the petitioner No.1, a 50‑year‑old headmaster of a school, seduced her with false promise of marriage and had sexual intercourse with her for about three to four years. When she became pregnant petitioner No.2 terminated the pregnancy on ......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ...... AIR 25 Mad. 61(PC) Abdur Rahman 31 CWN 271(282) (PC) Madhya Pradesh Vs. Veereshwar Rao Agnihotri reported in AIR 1957 (SC) 592 Din Dayal Sharma Vs. State of UP the Respondent AIR 1959 (SC) 831. Lawyers Involved: Tufail Ahmed with AKM Shamsul Haque, Advocates‑For the Petitioners. JK..

Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....of the lamed Magistrate vide Memo of the Anti‑Corruption Bureau dated 26.11.86. The accused also remained in abscondence since the beginning of the case in spite of issuance of Warant of Arrest and Proclamation and ultimately he was arrested by the Police and produced before the Upazila Magistrate......a Union Parishad arises out of the Judg­ment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Special Case No.36 of 1990 convicting the aforesaid accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevent......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ......m Vs. State, 20 DLR 461; Ali Newaj Bhuiyan & another Vs. State, 40 DLR 461; Profulla Kumar Roy Chowdhury and another Vs. Emperor AIR 1944 (Cal) 120; Muhammad Hussain Vs. State, 1967 PLD 307. Lawyers Involved: Abdul Hameed Chowdhury with Shah Mushlak Ahmed and Shaikh Shamsul Alam, Advoc..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)

....ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229   ......Dhaka in Sessions Case No. 147 of 1992 convicting the accused appellant under section 19(1)/1(Ka) of the Narcotic Control Act, 1990 (Act 20 of 1990) and sentencing him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 2,000.00, in default to suffer Rigorous Imprisonment for ......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229   ......ate, 9 DLR 594 Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Bhagaban Chandra Chakma Vs. State , 1987 BLD 351 = 38 DLR 374; Md. Abdul Karim Mondal Vs. Fadul Bari and others, 33 DLR 397. Lawyers Involved: Faruque Ahmed with Abul Kalam, Advocates­-For the Appellant Md. Enam..

Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2

Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)

.... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......lt: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of the case. Cases Referred to- Ramchandra Prasad Vs....... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......orted in 1963 (SC) 178; Karimuddin Akanda and others Vs. State 21 DLR (SC) 148; Natabor Ghosh Vs. Adyanath Biwas 27 CWIV 674; Joinal Gazi Vs. State 25 DLR 422; ILR 24 (Cal) 167,52 Cr LJ (Al) 221 Lawyers Involved: Abdul Malek with Imman Ali and AFM Mushfiqur Rahman, Advocates‑For the Peti..

Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2

Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)

.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......t. Both the petitions are under section 491 of the Code of Criminal Procedure. 2. The facts, in short, are that the father of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Report on 1.7.92 alleging that on the night following 30th June...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......an Bala Chowdhury Vs. State 17 DLR 544; Prafullah Kamal Bhattacharya Vs. Ministry of Home Affairs, 28 DLR 123; Manindra Kumar Malakar Vs. Secretary of Home Affairs and others, 43 DLR 71 para 10. Lawyers Involved: Amirul Islam with MA Quddus Miah and Most. Shireen Akhter, Advocates‑For pe..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)

.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175   ......ases concerned, appeal from which was barred by limitation, could be examined under section 561A of the Code of Criminal Procedure and whether the judgment of the tribunal could be quashed. 2. Before we enter into the facts of the cases the law in this regard has to be closely considered and se...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175   ......1; Bangladesh Vs. Abdul Wahab and others, 12 BLD 368; Waryam Singh and another Vs. Amarnth, AIR 1954 (SC) 215; Muhammad Samiullah Khan and another Vs. State, PLD 1963 (SC) 237 = 15 DLR (SC) 150. Lawyers Involved: Maudud Ahmed with Azizul Haque and SK A Awal, Advocates—For the Petiti..

Category: Criminal Law | Date: 11 May, 1993 | Hits: 1

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

.... 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.   ......hid, was taken into custody in execution of an order of detention passed by the District Magistrate, Barisal on 24.9.93 under section 3(2) of the Special Powers Act, 1974 directing him to be detained for a period of 30 days. The grounds of detention were duly served on the detenu. The order of deten...... 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.   ......s absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193; 45 DLR 318; Borjahan Vs. State of West Bengal, AIR 1972 (SC) 2256 AIR 1972 at page 2256. Lawyers Involved: Sayed Ziaul Karim, Advocate‑For the Petitioner M Shamsul Alam, DAG‑F..

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   ...... December 2, 1992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed prop...... 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   ...... 4 BLD (AD) 165; 26 DLR 170; 27 DLR 260; 20 DLR (DACCA) 367; PLD 1968 (Peshwar) 214; 25 Crl L. J. 1161 (Rangoon); 50 Crl. L. J. 967 (All); 32 Crl. L. J. 1237 (Cal); A. I. R. 1947 (Lahore) 227 Lawyers Involved: S K Sinha with AK Ahmedul Hasan, Advocates—For the Petitioner. Sha..

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