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Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)

....having received the postmortem report lod­ged the FIR on 28-8-1995 and Ghior Police Station Case No. 10 of 1967 dated 29-8-1995 was started, 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under sections 302/201 of the Penal Code......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..

Category: Criminal Law | Date: | Hits: 71

Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)

....nizance of the offence under Sections 406 and 420 of the Penal Code and issued warrant of arrest against the petitioner and subsequently the petitioner was granted bail. It is further stated that the charge under Section 420 of the Penal Code was framed against the petitioner and the case is pending......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..

Category: Criminal Law | Date: | Hits: 92

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....ahman, under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mondal of the charge leveled under sections 302/34 of the Penal Code. 2. The aforementioned convicts filed Crim......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..

Category: Criminal Law | Date: | Hits: 44

Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)

....4 to show cause as to why they should not be directed to implement the order dated 01.08.2001 issued under the signature of the respondent No. 4 on behalf of respondent No. 2 (Annexure-'C') to give charge of the office of Mutawalli of Ershad Ali Chowdhury Waqf Estate to the petitioner within one......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 199

State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)

....d. Sirajul Haque was taken to Sirajganj Sadar Hospital for treatment. Thereafter, P.W.1 went to the police station and lodged F.I.R. 3.  Police on completion of investigation submitted charge sheet in the case. During trial the accused persons were charged under sections 302/34 of th......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

.... of the salish of the leading people of the locality in the manner they wanted to settle; and therefore he lodged the F.I.R. on 28-8-1998. 3. Upon the aforesaid allegation, Police submitted charge sheet  on 24-10-1998 under Section 6(1) of the Nari-O-Shishu Nirjatan Bishesh Bidhan A......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....e on 10 December 1983. In due course, the Investigating Officer, on consideration of the report of the autopsy held on the dead body of Mahmuda and other facts and circumstances of the case submitted charge sheet against the appellant who was then put on trial under s. 326 of the Penal Code for volu......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..

Category: Criminal Law | Date: | Hits: 50

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

.... warrant for according a step motherly treatment when the 'State' is the applicant praying for condonation of delay. In fact experience shows that on account of an impersonal machinery (no one in charge of the matter is directly hit or hurt by the judgment sought to be subjected to appeal) a......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 205

Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)

....n to Netrokona Hospital and on the basis of a complaint petition filed by the Khodeja Khatoon, her mother, Netrokona PS. Case No.11 (8) 200 was started and after inves­tigation police submitted charge sheet against the petitioner Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under Sectio......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)

....ions 4207 4487 506 and other sections of the Penal Code. 3. The case being transferred to the learned Metropolitan Magistrate Dhaka, he heard the matter and by order dated 29.01.2001 framed charge against the peti­tioner and two others under section 420 of the Penal Code. Against the ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 30

Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)

....s a result of which he died. Suranjan Kamur brother of deceased Bhabaranjan lodged FIR with Tala Police Station on the basis of which a case was started and the police after investigation submitted charge sheet against the accused petitioner and others. During trial they were charged under Secti......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..

Category: Criminal Law | Date: | Hits: 52

S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)

....ined on oath, the learned Magistrate issued summons against the petitioner under Section 138 of the Act and the accused peti­tioner has been released on bail. At the time of hearing as to framing of charge the peti­tioner filed an application to discharge him under section 241A of the Code of Crim...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 36

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

.... Government is a pre-requisite for prosecution of the public servant like accused petitioner and that the High Court Division is wrong in saying that the proceeding of a case starts with framing of charge. 5. He further submits that after taking cognizance the learned special Judge appear......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)

....act being revealed, Motijheel PS. Case No.170(11)82 was started against the petition­er, co-accused Majibul Hoque and others under sections 409/467/468/ 201 of the Penal Code and after investigation charge sheet was submitted and the case was there­after sent for trial and the learned Special Judg...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

Mizanur Rahman alias Mithu and anoth­er Vs. State, 2006, 35 CLC (AD)

.... and also lodged FIR narrating the occurrence on the basis of which Kawkhali P.S. Case No. 2 dated 10.09.1994 was started against the accused petitioners and others and the case being investigated charge sheet was submitted against them under section 457/325A/224/225 of the Penal Code. During tr......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Criminal Law | Date: | Hits: 48

Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)

....Division in Criminal Appeal No. 5449 of 2001 dismissing the appeal and affirming the order dated 20.8.2001 passed by the learned Nari-o-Shishu Nirjaton Daman Bishesh Adalat No.3 at Naogaon framing charges against the accused peti­tioners under sections 9 (Kha) and 14 of the Nari-O-Shishu Nir......sidera­tion. Preparation of paper book is dis­pensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 29

Abul Hashem Vs. State, 2006, 35 CLC (AD)

....se. 3. The petitioner filed an application under section 561A of the Code of Criminal Procedure praying to quash the proceeding. The High Court Division by the impugned judgment and order discharged the Rule. 4. Mr. Syed Ziaul Karim, the learned Advocate, appearing on behalf of the ......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ..

Category: Criminal Law | Date: | Hits: 30

Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)

....a quarrel between Badsha Miah and the vic­tim about the fishing net and because of that in a premeditated manner, the accused com­mitted murder of the victim. 4. The police submitted charge sheet on 27.10.90. The Sessions Judge, Rajbari held trial under section 302/34 of the Penal ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)

....further stated that the Chief Metropolitan Magistrate, on perusal of the said report allowed the petitioner's prayer for Jimma by his order dated 11-11-2003 with a direc­tion to the Officer-in-charge of Doublemooring Police Station to release the trawler in favour of the petitioner upon exec......) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ..

Category: Property Law | Date: | Hits: 31

Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)

.... afore­said allegation said Md. Farooq Hossain lodged First Information Report. Thereafter a case was started and it was investigated by the police and the police after investigation submitted charge sheet under Section 394 of the Penal Code. The case being sent for trial, prosecution produc......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 52