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Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... No.7 of 2012) Shahjahan @ Haider @ Kutti ………Petitioner In Jail Petition No.8 of 2012 Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others……… Respondents (In Civil Appeal No.116 of 2010) The State......owry, causing rape to death of women, attempts to causing death or causing grievous hurt in committing rape to women and abetement of those offences are included as schedule offence under the Special Powers Act, 1974. This piece of legislation is followed by another legislation namely, Nari-O-Shishu...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....jahan @ Haider @ Kutti……………….Petitioner (In Jail Petition No.8 of 2012) Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs, Dhaka and Others…………………………&hel......owry, causing rape to death of women, attempts to causing death or causing grievous hurt in committing rape to women and abetement of those offences are included as schedule offence under the Special Powers Act,1974. This piece of legislation is followed by another legislation namely, Nari-O-Shishu ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....sband was a former State Minister and MP and now Joint, Secretary of Bangladesh Jatiotabadi Dal, (BNP). On 10-3-2015, at 10-15 PM, he was picked up from House No. 49, Road No. 13/B, Uttara, Sector-3, Dhaka. But he has not been traced out as yet. The petitioner intend­ed, to lodge a GD entry on 1......Abdul Latif Mirza challenged his detention by writ jurisdiction under Article 102 of the Constitution. The Deputy Commis­sioner, Pabna by his order dated 22-4-1974, under section 3 of the Special Powers Act, detained him for a period of thirty days and thereafter the Government on 24-5-1974, pas......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

.... of 2013 before the High Court Division under section 10(1A) of the Criminal Law Amendment Act, 1958 chal­lenging the order dated 4-9-2013 passed by the learned Metropolitan Senior Special Judge, Dhaka in Metro Special Case No.138 of 2012 arising out of GR No. 88 of 2011 correspondence to Gulsha......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....;                 The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka……………………….Respondent Judgme......procedure and practice of this Division for disposal of a review petition, that is to say, a review in a criminal matter can be made on the ground of an error apparent on the face of the record. Power of review is not an inherent power A review in a criminal matter can be made on the groun......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

.... Sultana J Syed Mahmud Hossain J Ali Haider Chowdhury…………………………. Petitioner Vs. State, represented by the DC, Dhaka and another………….Respondents Judgment February 11, 2015. ......o Motijheel Police Station Case No. 140 dated 29-3-2007 under sec­tions 409/109 of the Penal Code and read with section 5(2) of the Prevention of Corruption Act, 1947 and Rule 15 of the Emergency Power Rules, 2007, now pending before the Special Judge, Court No. 3, Dhaka and obtained Rule in Cri...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....ed. Since these petitions arise from a common judgment, they are disposed of by this order. 2. The respondent Engineer Monjurul Ahsan Munshi was put on trial before the Special Judge, 5th Court, Dhaka in Special Case No. 4 of 2007, for offences punishable under sections 26(2) and 27(1) of Durni......t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)

....default to suffer rigorous imprison­ment for 6(six) months more. 3. The relevant facts, for the disposal of the petition, in short, are that at about 3-00 pm on 18-4-2001 P.W.4 Nurjahan left Dhaka for Burichang along with her elder son, Imran and daughter, Asha Akhter. They reached at Buric......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ..

Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5

Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....short, the Code) was issued calling upon the opposite parties to show cause as to why the judgment and order dated 22-4-2013 passed by the learned Metropolitan Additional Sessions Judge, Court No. 3, Dhaka in Criminal Appeal No. 752 of 2012 affirming the judgment dated 23-8-2012 passed by the learne......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ..

Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9

State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)

....torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271         ......torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271         ......torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271         ......torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271         ..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4

Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)

.... learned Magistrate concerned accepted the police report and issued warrant of arrest against the accused persons. Thereafter, one Inspector of CID with reference to a letter of Police Head Quarters, Dhaka, filed an application to the Magistrate concerned seeking permission for re-investigation and ......ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ......ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ......ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ..

Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34

Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)

.... Dr. Monjur Kader, DAG with Md. Aminur Rahman Chowdhury, AAFG—For the State-Opposite—Party. Md. Khurshid Alam Khan, Advocate—For Opposite-party No. 2, Durniti Daman Commission, Dhaka. Inherent Power under Section 561A of the Code It is pertinent to make a note of tha......G with Md. Aminur Rahman Chowdhury, AAFG—For the State-Opposite—Party. Md. Khurshid Alam Khan, Advocate—For Opposite-party No. 2, Durniti Daman Commission, Dhaka. Inherent Power under Section 561A of the Code It is pertinent to make a note of that inherent power unde...... Let the lower Court's record along with a copy of this judgment be sent down to the con­cerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ......e aforesaid view also finds support the decision in the case of State Vs. Niren Das Gupta and others reported in 1957 Criminal Law Journal. The factual aspects of the case are that M/s. cargo Chariot Company was appointed the carrier of different kinds of construction materials under Calcutta Constr..

Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

....are not the same. P.W.1 is the informant and she stat­ed that she was the mother of the victim, Shuvon. Accused stated in his confession that one prosti­tute who used to work in Navana Hotel, Dhaka, was the mother of the victim. The accused also stated in his confession that he saw the lady ......nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)

....se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......19 BLC 468 has been affirmed by the above judgment. Judgment Surendra Kumar Sinha J. - In this petition accused petitioner Abdul Wadud, former Managing Director of Rupantorita Prakritik Gas Company Limited seeks leave from a judg-ment of the High Court Division which refused to quash the p..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

....Short facts to dispose of the appeals are thus. Victim Moulana Abdul Kader was shot to death on 17 October, 2001, at about 3 PM at his office Akhter Chamber, 1st floor, 51, Motijheel Commercial Area, Dhaka, by some unknown mis­creants on entering into his office. Over the said incident his broth...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....tion against the judgment passed in the civil appeal against the concluding paragraph of the judgment which was as follows: "Decree dated 27-3-80 passed by the Subordinate Judge, 3rd Court, Dhaka in Title Suit No.249 of 1976 be stayed for six months and the Miscellaneous Case No.958 of 198......d a sum of Taka 24,18,085. First Information Report (FIR) was lodged with Kotwali Police Station on 12-8-2004, giving rise to Kotwali Police Station Case No.24(8)2004 under section 25B of the Special Powers Act, 1974 (the Act, 1974). The informant deposited the seized almost, namely: gold and silver......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......or disposal of the properly seized during investigation or alamots in a case under the Act, a1974 invoking the aid of section 517 of the Code............ (19) it was found that Gannysons Limited Company, in no circumstances, could be declared as an abandoned property, allowed the review applica..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....licitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order dated 20-8-1991 passed by learned Additional Sessions Judge, Fifth Court, and Special Judge, Dhaka (briefly as Judge) stopping the proceedings of the case and thereby releasing the accused oppo......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

State Vs. Arman, 2014, 43 CLC (AD)

....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ..

Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4

Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)

....t the instance of Durnity Daman Commission is against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kafrul, Taltola, Sher-e-Bangla Nagar, Dhaka enlarging her on anticipatory bail for a period of 1 (one) month from the date of order dated ......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1.     ......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1.     ......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1.     ..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4

Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)

....t the instance of Durnity Daman Commission is against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kafrul, Taltola, Sher-e-Bangla Nagar, Dhaka enlarging her on anticipatory bail for a period of 1 (one) month from the date of order dated ......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ..

Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4