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Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)

....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..

Category: Civil Law | Date: | Hits: 136

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....f the Petitioner no. 2 on 23rd November 1975 and the arrest of the Petitioner No.1 himself on 15th November 1976. They were apprehended following the lodgance of a so called first information report (FIR) with the Mohammadpur Police Station on 4th June 1976. Section 121A of the Penal Code was cited ......iew to ascertain the veracity of the deponents swornstatement In APSRT Corp. Vs. Satya Narayan (AIR 1965 SC1303), the top Court of India expressed the view that toascertain the truth from conflicting stories figured in twocountervailing affidavits, cross examination of the deponentsmay be desirable...

Category: Criminal Law | Date: | Hits: 154

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

.... 173 of Cr.P.C. only the earliest or the First Information Report in regard to the commission of cognizable offence satisfies the requirements of section 154 of The Code. Thus, there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information ......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..

Category: Criminal Law | Date: | Hits: 83

Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)

....azar in Sessions Case No.41 of 1996 framing charge under sections 302/34 of the Penal code. 2. Facts giving rise to this Rule may briefly be put thus: 3. One Md. A Shahid as informant lodged an FIR stating, inter alia, that the accused persons are very dangerous and heinous character and after......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..

Category: Criminal Law | Date: | Hits: 66

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

.... not interfere at the interlocutory stage of criminal proceedings in a sub-ordinate Court. It is held in the case of State of Maharashtra Vs. Ishwar Piraji Kalpatri 1995 (4) Crimes 769 (SC) that when FIR disclose a strong prima facie case against the accused petitioner for which without holding tria......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..

Category: Procedural Law | Date: | Hits: 79

MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)

....is Court may seem fit and proper. 2. Mr. Md. Badrudduza the learned advocate appearing on behalf of the accused petitioner sub­mits that considering the case as made out by the prosecution in the FIR the High Court Division granted an ad-interim bail on the date of issuance of the Rule and till ......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ..

Category: Criminal Law | Date: | Hits: 151

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....resaid Adalat examined the complaint on oath under section 200 of the Code of Criminal Procedure and took cognizance of the offence and sent the complaint to the local Kafrul PS for treating it as an FIR. The case was lodged on 19-05-2010 and the case was registered as Kafrul PS case No.42 dated 19-......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..

Category: Criminal Law | Date: | Hits: 176

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....he penal Code and sentencing each of them to suffer rigorous imprisonment for 2 years with fine and acquitting others. 2. The prosecution case, in short, is that Md. Jashim uddin @ Bachu lodged an FIR at Nikli Thana on 20.05.1998 at 14.30 hours alleging, inter alia that on 20.05.1998 at 10.00 a.m......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..

Category: Criminal Law | Date: | Hits: 153

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....……..Appellants Vs. The State…………………………….....................Respondent Judgment May 2, 2012. Result: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give information of a cognizable......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 170

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....nd the dead body of her daughter hanged suspending from angle (rafter) in the garret (chapra ghar) of the said house. Thereafter, she went to the police station and lodged a first information report (FIR). On the basis of that first information report, Araihazar Police Station UD Case No. 13 dated 2......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..

Category: Criminal Law | Date: | Hits: 91

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....there is no evidence to warrant conviction of the appellants under section 302/34 of the Penal Code; that during trial, there has been a distinct departure from the prosecution story as set up in the FIR; that during trial substantial improvement on prosecution story was made and that the prosecutio......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..

Category: Criminal Law | Date: | Hits: 74

Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

....ed to the credit facility or to the alleged guarantee. 4. The said complaint petition, was for­warded by the learned Magistrate to Gulshan police Station for investigation by treating the same as FIR, where upon Gulshan PS Case No.14 dated 16-4-2006 under section 406/420/109/465/467 of the Penal...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..

Category: Criminal Law | Date: | Hits: 124

Jahirul Haque Vs. State, 2011, 40 CLC (HCD)

....n. On query the accused-appellants admitted their guilt and also disclosed the name of the absconding accused as Jashim and Shahidullah. Thereafter, on 19-4-2001 at about 1-15 AM, P.W.4 lodged the FIR orally and hence the case. 4. Then the police took up the investigation, visited the place of......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..

Category: Criminal Law | Date: | Hits: 83

Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....on was arrested from his house and the learned Judge of the Tribunal in convicting and awarding sentence did not consid­er the defence witnesses. She further submits that in this particular case the FIR was lodged after long lapse of time which makes the prosecution case fatal. 9. On the other h......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..

Category: Criminal Law | Date: | Hits: 99

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..

Category: Property Law | Date: | Hits: 139

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

.... inhabitants as witness and non examination of all the witnesses to the report is not fatal. The statements of witnesses will be of grant use to test the value of the evidence in Court. A copy of the FIR should accompany the dead body and should find reference in the inquest report in order to lend ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

....157 or to contradict him under section 145 of the Evidence Act. It is always viewed with grave suspicion when the story made at the trial dif­fers in material particulars from the story given in the FIR and thus the prosecution case has become shaky………………………….(58) It is true ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..

Category: Criminal Law | Date: | Hits: 84

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

....o suffer rigorous imprisonment for 7(seven) years with a direction that both the sentences will run concurrently. 2. The prosecution case, in short, is that Inspector Sheikh Abdul Mannan lodged an FIR on 13-7-2001 alleging, inter alia, that he on the strength of Lakshmipur Police Station General ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..

Category: Criminal Law | Date: | Hits: 92

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

....dvocate appearing on behalf of the convict-appellants submits that the appellants are innocent and committed no offence as alleged. There is no use of deadly weapons or any attempt of dacoity. In the FIR, no overt act was mentioned against the appellants. The statements made by the accused before th...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..

Category: Criminal Law | Date: | Hits: 86

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....e proceeding amounts to an abuse of the process of the Court; (3) Where there is a legal bar against the initiation or continuation of the proceeding; (4) In a case where the allegations in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirely, ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..

Category: Criminal Law | Date: | Hits: 70