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M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....ugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ..Category: Criminal Law | Date: | Hits: 45
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 780. ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 780. ..Category: Administrative Law | Date: | Hits: 162
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....ise of that power could not subsequently supercede the order of release. 35. In Shahbaz's case (PLD 1956 FC 46) the Government remitted the sentence of the accused under section 401 of the Code of Criminal Procedure and ordered release of the accused on a certain date, but before that date the Go......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....o interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..Category: Criminal Law | Date: | Hits: 63
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....ab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......ns and his famiily members. In order to achieve their such objective, they assembled at Balughat within Cantonment Police Station on the night following 14th August, 1975 and in fulfilment of such conspiracy, the accused persons killed 11 persons on the morning of 15th August including the then ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....quot;Sunday Times" dated 38.05.1976, which was marked as Ext X with a note of objection by the defence, stating that he while acting as Director Ministry of Foreign Affairs, at the request of Criminal Investigation Department, C.I.D, collected a copy of the "Sunday Times" through ......lso the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....stice and to see rule of law has been established, unsuccessfully moved from Court to Court in High Court Division with heavy pain and agony, with humiliation and disgrace for early hearing of the Criminal Appeals filed by the convicts, but the learned Judges declined feeling embarrassed for rea......rnments up to 1996. 343. The learned Counsels for the respondents drew our attention from evidence and materials on record that the convicts from time to time met and discussed about their conspiracy with Kh. Mostaque Ahmed, a the then Minister, Maj. Gen. Ziaur Rahman, the then Deputy Ch..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....nder Section 429 of the Cr.P.C. In this decision Ray, J observed as under- “Counsel for the appellants contended first that the third learned Judge under Section 429 of the Criminal Procedure Code could only deal with the differences between the two learned Judges and no......icitor. Conspiracy for Murder or Conspiracy for Committing Mutiny 513. The fourth ground on which leave was granted concerned the question as to whether it is case of criminal conspiracy for murder or a case of conspiracy for committing mutiny. In the instant case the convic..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....e deemed to be guilty of an offence under the said Act. “Civil offence’ defined in section 8(2) Army Act means “an offence which, if committed in Bangladesh would be triable by a Criminal Court”. Section 59(2) of the Army Act stipulates that a person who is a subjec...... the night of 14th August from which it was apparent that it was a mutiny simplicitor, not a murder and therefore, the trial of the appellants was vitiated. There was no agreement or criminal conspiracy or premeditated plan or pre-arranged plan, the learned counsel argued, within the meani..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....day times” published on 30th May 1976. Md. Azizul Huq (P.W.58) exhibited the issue of “The Sunday Times” as exhibit ‘X’. This witness stated that as per request of the Criminal Investigation Department while he was posted as Director, Ministry of Foreign Affairs, co...... and 45” are based on misconception of fact and also on piecemeal consideration of the evidence of P.W.s 44 and 45. The learned Judge failed to comprehend the admitted fact that as a part of conspiracy the night parade on 14th August was arranged by Lt. Col. Rashid and in course of such ni..Category: Criminal Law | Date: | Hits: 291
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
.... by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ...... Alamgir, Kachi, Biplab, Mali Mohammad, Dakat Shahid and Kala Sharif. The deceased was shifted to Dhaka Medical College Hospital. The doctor declared him dead. Accused Shahidur Rahman @ Shahid made conspiracy of killing the deceased with the other accused person in consequence of which the deceas..Category: Criminal Law | Date: | Hits: 63
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....ed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....rence re-amendment of Constitution of Canada, 123 DLR(3rd)1,84; State Vs. Chief Editor, Manabjamin, 57 DLR 359, Bangladesh Vs. Shamsul Huda, 60 DLR (AD)124; State Vs. Moyez Uddin Sikder and others in Criminal Appeal No.65 of 2007; Basheshar Nath Vs. Commissioner of Income Tax, Delhi and Rajasthan an......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....three pillars on four sides of the suit land amounting to dispossession of the plaintiff. The Court of Appeal below also considered the evidence of P.W.2 who admitted that the defendant No.1 filed Criminal Case No.42 of 1998 under Section 107 of the Code of Civil Procedure against the plaintiff ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 29
Special Reference No.1 of 2009, 38 CLC (AD)
....sive substances; i. Theft, extortion and dacoity; j. Causing disappearance of evidence of offence of murder by removing dead bodies; k. Causing explosion to endanger life and property; l. Criminal intimidation; m. Criminal conspiracy and abetment of mutiny, murder and other offences; ......n and dacoity; j. Causing disappearance of evidence of offence of murder by removing dead bodies; k. Causing explosion to endanger life and property; l. Criminal intimidation; m. Criminal conspiracy and abetment of mutiny, murder and other offences; n. Distributing leaflets containing..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....e matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..Category: Criminal Law | Date: | Hits: 53