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Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....n custody from his sentence of imprisonment as provided under amended section 35A of the Code of Criminal Procedure, which is a beneficial clause, and such deduction is available to convicts of all criminal cases including the appellant as intended by the legislature in inserting thereof in the Co......e. Jail Appeal No. 1027 of 2005. Judgment Khademul Islam Chowdhury J.- This Jail appeal is directed against judgment and order dated 17-72005 passed by the learned Special Tribunal No.5, Mymensingh, in Special Tribunal Case No.41 of 2002 convicting the jail appellant under section 19A and...... on 13-12-2001 and was sent up for trial along with 4 others before the Special Tribunal No. V of Mymensingh on charges under section 19A and 19(f) of the Arms Act relating to alleged recovery of firearms and ammunitions, dagger etc, from their possession. 3. At the trial the prosecution exam..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
.... Md. Abul Hossain Azadi, Advocate—For the Appellant. Md. Rabiul Karim, Assistant Attorney-General—For the State. Criminal Appeal No. 3194 of 2004. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellant Md. Tuta Pramanik has been preferred agains......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......ent for a period of 15 (fifteen) years and 7 years respectively and also ordered that both the sentences shall run concurrently. The Court also ordered that the total period which accused-appellant already spent in custody would be deducted from his sentence. 2. The prosecution case, as it ap..Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....ppellant. Nikhilesh Dutta, Deputy Attorney-General with Md Rabiul Karim, Assistant Attorney-General—For the State. Criminal Appeal No. 1173 of 1999. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused appellant Md. Anisur Rahman Gazi alias Anisur alias C......ing of the appellant was absolutely an open place accessible to others and, as such, the appellant had no exclusive possession and control of the arms and ammunition in question consciously with mens rea. 25. For the reason stated above, we find substance in the submission made by the l......appellant was apprehended in Tala PS Case No. 7 dated 14-2-1997 under sections 386/387 of the Penal Code and in course of interrogation of that case the accused-appellant admitted that there are firearms under his control and possession and according to his version and pointing out a revolver lo..Category: Criminal Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......d. Abdul Wahab on 9-2-2002 alleging that the accused petitioners murdered Mst. Sabana, wife of accused Abdul Jabbar. The father of the deceased filed an application before the learned Magistrate for treating the case as Nari-o-Shishu Nirjatan Daman Case and prayed for inclusion of the accused petiti..Category: Criminal Law | Date: | Hits: 33
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......money would be returned on or before 8-5-2001. The accused petitioner gave three cheques for the said amount. The complainant placed the cheques for encashment but the cheques were dishonoured and thereafter, the matter was brought to the notice of the accused petitioner but the accused petitioner d..Category: Criminal Law | Date: | Hits: 27
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......proper. 2. Rule was made returnable within 2 weeks. 3. Convict-appellant petitioner was enlarged on bail for a period of 6 months, which was extended till disposal of the Rule. 4. Rule being ready was fixed for hearing. 5. Prosecution case at the trial, in brief, was that informant PW 3 ..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... Suja, Matin Mia, Siddiqur Rahman, Jillur Rahman, Lutfur Rahman, Abdus Salam, Belal Ahmed and Mainul (Mohibul and as many as 16 others, alleging, inter alia, that the accused No. 1 Jamir Ali lodged a criminal case under sections 448/ 302/114/34 against the husband, son and other male members of the ......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......etrol on the household articles and set fire through igniting match stick. The informant and other female members of the house ran out from the building and started crying standing at the outside. Thereafter, Fire Brigade came in and attempted to douse the fire. The informant thereafter fell unconsc..Category: Criminal Law | Date: | Hits: 30
Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....esh Dutta, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State. Criminal Appeal No. 1926 of 2002. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused appellant Monir Hossain alias Monir has been preferre......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......hishu Nirjatan Daman Ain, 2000 on 28-4-2000. On the commencement of the trial charge under sections 7 and 13 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 was framed against the appellant which was read over and explained to him to which he pleaded not guilty and claimed to be tried. 4. The..Category: Criminal Law | Date: | Hits: 33
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......mission by the respondent No. 3 for prosecuting the petitioner in Metro Special Case No. 178 of 1999 arising out of Motijheel PS case No. 103 dated 17-10-1996 under sections 420/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) pending in the Cou..Category: Anti-Corruption Laws | Date: | Hits: 140
Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)
....t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......riage her father gave this convict cash of Taka 20,000 and ornaments of 2 tolas. After the marriage the victim began to demand dowry of Taka 10,000 in addition to the previous amount. Being failed to realise the same on 8-5-1991 he divorced the victim in the office of the Notary Public, Sirajgonj. T..Category: Criminal Law | Date: | Hits: 30
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......l-Amin went out of the house for searching her eldest son Kamruzzaman Rana who was not found. They went to the residence of Shahjahan, friend of Rana, told Shahjahan that Rana is not traceable and thereafter Sharifa Khatun, Al-Amin and Shahjahan went to different places of the locality for searching..Category: Criminal Law | Date: | Hits: 29
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....cadres of the accused Dr. Roushan Alam committed the mischief. He said that the accused Dr. Roushan Alam was President of Banchharampur Thana BNP at the relevant time. It is also admitted that in the criminal case initiated for ransacking houses of Jalali, he was an accused. 23. PW 8 Deen Muhamma......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345....... Kajal Ahmed Jalali, Humayun Kabir @ Phool Mia, Ziauddin @ Bayes, Ibrahim Noor, Apu Abdul Mannan @ VP Mannan and Giasuddin Jalali started conspiracy to oust him from local politics and they used to threaten Shujan with dire consequences. As such, the victim Shujan had to lodge a GDE in 1996 against ..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....of Kiron Chandra Das vs. Sirajul Hoque Patwari reported in 34 DLR 225 at paragraph 5, 226 thus: "There is a presumption of good faith in human transaction as there is a presumption of innocence in criminal matters. That being so the burden of proving every species of bad faith such as fraud, coll....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......r's case that the opposite party No. 1 as plaintiff on 30-5-2000 instituted Title Suit No. 78 of 2000 before, the Court of Senior Assistant Judge, Barguna for cancellation of Kabala dated 5-1-1991 by reason that the same is illegal, collusive and without consideration. The plaintiffs case is that on..Category: Property Law | Date: | Hits: 32
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....of document does not attract the definition of the offence as provided by section 464 and 463 of the Penal Code punishable under the Provision of sections 467/468/471 of the said Code and to initiate criminal proceeding against the executant and recipient of such document. Therefore, we find substan......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......ed property measuring about 11 decimals comprised in RS plot No.4371/4378 under RS khatian No. 679 within mouza Madaripur is vested property and the accused petitioners in connivance with each other created forged deed of purchase in their favour being No. 4511 dated 13-11-2000 with an aim to grab..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....t of the record, the Magistrate is bound to give the copies under section 548 of the Code. Section 548 of the Code is as follows: “548. If any person affected by a judgment or order passed by a criminal Court desires to have a copy of any order or deposition or other part of the record he shal......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of document……………..” 9. Naturally an accused for obvious reasons feels interested to inspect the documents viz statements under section 164 of the Code where..Category: Criminal Law | Date: | Hits: 25
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....6 00 out of which a balance amount of Taka 16,72,301 40 has been left with the accused petitioner, which he did not pay to the company, Lever Brothers Bangladesh Ltd. As such, he committed offence of criminal breach of trust and cheating by way of misappropriating the money as agent of the Lever Bro...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......f which a balance amount of Taka 16,72,301 40 has been left with the accused petitioner, which he did not pay to the company, Lever Brothers Bangladesh Ltd. As such, he committed offence of criminal breach of trust and cheating by way of misappropriating the money as agent of the Lever Brothers Bang..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....The specific case of the accused petitioner is that while the impugned bainapatra has been submitted in the civil proceeding and the same is pending before the competent civil Court the initiation of criminal proceeding against the accused petitioners under sections 463/465/471 of the Penal Code in ......e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ......mplaint Case No. 379 of 1990 before the Magistrate, First Class, Natore, against the accused petitioner under sections 463/465/471 of the Penal Code alleging, inter alia, that the accused petitioner created a false and forged bainapatra and filed the same in Title Suit No. 285 of 1983 which was disp..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......impur Police Station implicating the accused appellants alleging, inter alia, that he along with patrol party came out from Hilli Camp Border outpost for preventing smuggling and guarding the border area and while on patrol duty at Fakirpara Dharanda area at about 11-30 AM found some male, female pe..Category: Criminal Law | Date: | Hits: 84
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... ABM Waliur Rahman Khan, Deputy Attorney-General with Shamim Ara Dora, Assistant Attorney-General—For the State. Criminal Appeal No. 1726 of 2003. Judgment Siddiqur Rahman Miah J.- This criminal appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of th...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......e accused tried to convince her saying that he loves her more than his life and he will die unless he gets her; that the accused had been convincing the victim saying that he would marry her; that thereafter believing the accused, the victim responded to the proposal of the accused and on the date o..Category: Criminal Law | Date: | Hits: 38