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State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

....is not desirable to lay down any inflexible rule governing the fields of quashing a proceeding but in aforesaid decision certain circumstances have been de­tailed for the purpose namely, when the FIR or the complaint even if taken at its face value and accepted in its entirety, do not constitute...... the ac­cused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law.  Ed. ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....ding to her, the impugned judgment and order of conviction and sentence is to be upheld by dismissing the appeal. 10. We have considered their submissions. In this connection we have perused the FIR, charge-­sheet, charge framed against the jail appellant, the depositions of the witnesses a......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

.... result of the injuries found on her person which were ante mortem and homicidal in nature. On receipt of the post‑mortem report the aforesaid charge officer, being P.W.1 Md. Nurul Amin, lodged the FIR on 7­-3‑1994 mentioning the above facts and entrusted P.W.11 SI Md. Majibur Rahman with in......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

.... Criminal Procedure with direction to issue summons upon the witnesses. 2. The prosecution case, in brief, is that, one Md. Motiur Rahman as informant lodged a First Information Report, briefly, FIR, with Tongi Police Station on 8‑5‑2004 alleging that 3rd annual general meeting of Tongi Tha......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....r for withdrawal of the prosecution case against the petitioner should not be set aside. 2. The short facts involved in this case are that on 4‑7‑1999 at 13.30 hours one Asia Begum lodged an FIR with Kalia PS, District Narail alleging, inter alia, that on 4‑7‑1999 at about 7 hours Md. S......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....ng into consideration the aforesaid memo dated 10‑4‑04 of the Bureau or Anti­-Corruption while taking decision to refuse sanction in this case. Mr. Rahman has also contended that although the FIR was lodged on 22‑12‑02 but the amount of Taka 20 (twenty) lac seized from the possession of ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)

....he head of Angura Bibi, accused Faruk gave a dao blow on the head of his Bhabi Angura Bibi and accused Faruk also gave dao blow on the left hand of Lai Bibi. Fatik Mia died on the spot and thereafter FIR was lodged and ultimately charge‑sheet was submitted against the appellants. Charge was fr......those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

.... respondents. The case of the petitioner is that accused Shaibal Saha Partha was apprehended by plain clothes police and after 4 days he was produced before Dhanmondi Police Station on 29-8-2004, and FIR was lodged on the same day with the allegation of offences under sections 419 and 505A of the Pe......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ..

Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....o.1 first alone then jointly with defendant Nos.2 and 3 contested the suit by filing two written statements. 13. Their common case, in short, is that on 4-­8‑84 one Mizanur Rahman lodged a FIR against Anisuddin and four others with Dhanmondi Police Station and Dhanmondi PS Case No.12(8)84......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)

....03 as to refusal to accord consent to the prayer for withdrawal of the case under section 494 of the Code. We live seen the application under sections 439/435 of the Code. We have also looked, at the FIR, charge‑sheet and other connected papers of the case. We have also scrutinised and examined Go......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ..

Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115

Mukul Vs. State, 2004, 33 CLC (AD)

....nt to the house of the condemned prisoner and after holding inquest sent the dead body to the morgue.  7. After receiving the post mortem report by the police, the informant lodged the FIR on April 24, 1999 and thereupon Narail PS Case No. 29 of 1999 was started under sections 10(1) ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed.  Ed. ..

Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100

Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)

....;1996 under sections 364/302/201/109 of the Penal Code from the Court of Sessions Judge, Munshiganj to the Court of Sessions Judge Dhaka.   2. The respondent No. 1 lodged an FIR on 15­8‑1996 with the officer‑in‑Charge of Gazaria Police Station stating...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ..

Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....er which prosecution has no control, then allowing of quashing will be either giving premium to the unscrupulousness of the prosecution or the accused. 15. It may be mentioned in the instant case FIRs were lodged on 11‑10‑1992 and the charge­ sheets were submitted between 12‑10‑1994 and......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....9;1999 corresponding to GR No. 632 of 1999.  2. Facts relevant for disposal of this case is, that on 18‑5‑1999 one Syeda Choliara Khanom, daughter of Syed A Jalil lodged an FIR with Khulna Police Station stating, inter alia, that they have a Salt Industry under the name a......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....Case No. 213 of 2002 should not be quashed and/or such other or further order of orders passed as to this Court might seem fit and proper. 2. On 27‑11‑2001 the petitioner as informant lodged a FIR with Daudkandi Police Station alleging that on 20‑10‑2001 he, his wife and other members of ......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

....posed by the respondent State through the learned Assistant Attorney General Mr. ABM Waliur Rahman Khan. 8. Mr. Md. Habibur Rahman Miah, the learned Advocate for the appellant, took us through the FIR, charge-sheet, charge so framed, deposition of the prosecution witnesses, impugned judgment and ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

....e read subject to the corollary that a legislature can always expressly provide that pending proceeding be affected by an amendment of the law. In Sarder and others vs. State AIR 1961 Calcutta 181 an FIR was lodged on 17 December, 1957 alleging abduction against the accused and charge‑sheet was su......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).

.... there are reasons behind the High Court Division giving direction for fixing a separate date for taking steps under section 265C of the Criminal Procedure Code. The reasons being‑in a normal FIR case documents are brought before the court on the basis of which the court forms its opinion a......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..

Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....t. After completion of the treatment she came back home and filed a petition of complaint before the Magistrate Court. Thereafter, by the order of the Magistrate the complaint petition was treated as FIR. Accordingly, Jhalakati Police Station Case No.25 dated 25‑5‑1999 under section 19(2) of Nar......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

State Vs. Harish, 2002, 31 CLC (HCD)

....ibit 2. 19. PW 19 Md. Renu Miah investigated the present case and he stated that he recorded the ejahar lodged by the informant on 18-5-1997 and put the signature of the informant, filled up the FIR column and, started investigation of the case. He proved the ejahar Exhibit 6 and his signature ......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89