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Md. Abdur Rouf alias Lengra Rouf Vs. State, 2011, 40 CLC (HCD)
....trate and Amoli Adalat No.3, Sirajgonj. 2. Prosecution case, in short is that on 26.3.10 one Md. Nazrul Islam alias Kanchhe lodged an FIR with the Tarash Police Station against unknown accused persons alleging inter alia that his younger brother Md. Abdul Bari was found dead at 7.a.m on 26.3.10 ...... The learned advocate appearing for the petitioner on drawing our attention to the FIR, seizure list and the charge sheet submits that there is nothing on record to implicate the petitioner in the so called incident and he has simply been arrested on mere suspicious and he is in custody since 14.6.2......s that there is nothing on record to implicate the petitioner in the so called incident and he has simply been arrested on mere suspicious and he is in custody since 14.6.2010, and till now since the trial has not been started and the case is remained in the court of judicial Magistrate and the tria......d on bail in G.R. Case No. 21(Tarash) of 2010 corresponding to Tarash P.S. Case No.07 dated 26.03.10 under section 302/379/34 of the Penal Code, now pending in the Court of Senior Judicial Magistrate and Amoli Adalat No.3, Sirajgonj. 2. Prosecution case, in short is that on 26.3.10 one Md. Nazru..Category: Criminal Law | Date: | Hits: 43
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
.... Chief Judicial Magistrate, Cognizance Court, Jhenidah. 2. Facts for disposal of the rule are that Mst. Anjira Khatun lodged an FIR with the Jhenidaha Police Station on 12.2.10 accusing unknown persons alleging inter alia, that her husband is a van driver; on 10.2.10 he returned to home at about ......is work and stood in the courtyard of the home taking one maflar and one jacket from her; then he received a phone call on his cell phone and on asking he said that his nephew namely Md. Abul Kashem, called him over phone; after receipt of the said call he got out of the home at 10.30 p. m. felling ......ill appear that the petitioner is a minor boy and was compelled to take part in the alleged occurrence at the instance of the other accused persons and since the this petitioner is a minor boy, joint trial along with other accused persons is illegal, in view of the Children Act. He further submits t......Court, Jhenidah. 2. Facts for disposal of the rule are that Mst. Anjira Khatun lodged an FIR with the Jhenidaha Police Station on 12.2.10 accusing unknown persons alleging inter alia, that her husband is a van driver; on 10.2.10 he returned to home at about 10.00 p.m. after finishing his work and..Category: Criminal Law | Date: | Hits: 56
Md. Zamal Hossain alias Nata Zamal alias Zamal Vs. State, 2011, 40 CLC (HCD)
....opolitan Special Tribunal No.07, Dhaka. 2. In a dacoity case the petitioner was not named in the FIR but subsequently after being arrested made a confessional statement along with other accused persons. 3. Since his prayer for bail was rejected by the impugned order, he then obtained the insta......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......perusal of the confessional statement it will appear that the confession is exculpatory in nature and the appellant has got fair chance of acquittal in this case. He further submits that although the trial court started trial long before till now only P.W.1 was examined but thereafter no witness was......09 arising out of G.R. Case No.260 of 2008 corresponding to Kafrul P.S. Case No.16 dated 7.6.2008 under section 395/397 of the Penal Code, now pending in the Court of Joint Sessions Judge, 2nd Court, and Metropolitan Special Tribunal No.07, Dhaka. 2. In a dacoity case the petitioner was not named..Category: Criminal Law | Date: | Hits: 59
Md. Tota Miah @ Tota Vs. State, 2011, 40 CLC (HCD)
....we find substance in the submission of the learned advocate for the petitioner and as such we are inclined to enlarge him on bail. We find merits in this rule. 8. In the result, the rule is made absolute. The petitioner Md. Tota Miah @ Tota, son of late Somesh Ali @ Shoma Miah may find bail on fu...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......rresponding to Mirzapur P.S. Case No.7 dated 13.09.2009 under section 302/34 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Tangail. 2. The petitioner was brought to the trial under section 302/34 of the Penal Code. 3. Since his prayer for bail was rejected by the im......wing our attention to the statement of the accused petitioner recorded under section 164 of the Code of Criminal Procedure submits that on perusal of the statement it will appear that it was not true and voluntary one, more over the injury shown as inflicted through his confessional statement did no..Category: Criminal Law | Date: | Hits: 76
Md. Khorshed Alam Vs. State, 2011, 40 CLC (HCD)
....we find substance in the submission of the learned advocate for the petitioner and are inclined to enlarge the petitioner on bail. We find merits in this rule. 8. In the result, the rule is made absolute. The petitioner Md. Khorshed Alam Son of Md. Hafiz Miah may find bail on furnishing bail bond...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... obtained the instant rule. 4. The learned advocate appearing for the petitioner submits that the petitioner is in custody since 01.11.2010 and the case is lying before the court of Magistrate for trial and there is no certainty as to when the trial will be commenced. He further submits that the ......cial Powers Act, 1974 read with under table 7(Ka) of section 19(1) of the Narcotics Act, 1990 rejecting the prayer for bail of the accused petitioner. 2. A Microbus having 790 bottles of Phensedyl and one KG Gaza there from were recovered wherein the petitioner along with other were arrested stat..Category: Criminal Law | Date: | Hits: 51
Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)
....t is exculpatory in nature and nowhere the petitioner has shown his involvement in the alleged occurrence, in that view of the matter, the petitioner has got fair chance of acquittal in this case and some other co-accused Moulana Shahidul Islam and Md. Yousuf have been enlarged on bail and the petit......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......titioner has got fair chance of acquittal in this case and some other co-accused Moulana Shahidul Islam and Md. Yousuf have been enlarged on bail and the petitioner stands on the same footing and the trial is delayed for no fault of the petitioner and as such the petitioner may be enlarged on bail. ...... duty at Faridpur at town area at about 11.00 to 11.30 hours bomb was blasted in the eastern side of Sarket house, Judge Court, premises Sonali Bank, Court Building Branch, in front of Yeasin College and in all place of occurrence a huge of number of leaf let was found wherein it was written that in..Category: Criminal Law | Date: | Hits: 48
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....hall be no order as to costs. Ed. This Case is also Reported in: ......order and did not erect any hut on 31.1.1996 in the suit land which are in existence from earlier. There is no suit land as alleged in the plaint and the plaintiffs were never in possession of the so-called suit land and as such no question arises to hand over the possession of the non-existence sui......n possession of the so-called suit land and as such no question arises to hand over the possession of the non-existence suit land to the plaintiffs. 7. Upon the said pleadings of the parties, the trial court framed issues whereupon the plaintiff examined as may as 4 witnesses as P.Ws and the def......, Son of Late Kafiluddin of village-Nababerchar, P.S. Keraniganj, District Dhaka…………….Defendant-Appellant-Opposite Party Judgment March 7, 2010. Cases Referred To- Abdus Sattar and other Vs. Abdul Halim and others 50 DLR (AD) 6; Noor Mohammad Khan and others Vs. The Government..Category: Property Law | Date: | Hits: 62
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....m and obtained trade licence in his name, that he did not part with the profit out of partnership business to him, that he in collusion with others deleted his name from the partnership business by resorting to forgery and misappropriated the business of partnership and that he has been paying rent ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......y Judgment June 29, 2000. Cases Referred To- Abdur Rahman Vs. State, 29 DLR (SC) 256; Abul Hossain Sana Vs. State, 14 DLR (SC) 96; Pir Badsha Vs. State, 15 DLR (SC) 55; Abdus Salam Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. ..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....icensed firearm and ammunitions in his possession and then he accompanied P.W.6 Shantanu Ghosh, P.W.8 Nurul Islam, P.W.7 Md. Shahidul Islam, P.W.5 Constable Idris Ali and with the accused went to the southern side of Jhenaidah City College. There accused Bilu pointed out to a sishu tree and beneath ......secution and was cross-examined. He denied the suggestion that the revolver was recovered in his presence. In reply to cross-examination at the instance of the accused he stated that at 6-30 AM Sipoy called him and took his signature on a blank paper. 6. P.W.3 Md. Abdul Khaleque, attesting witnes......efore the Police Station and lodged suo moto ejhar on the basis of which the case started and after investigation police submitted charge-sheet against the appellant. The case was thereafter sent for trial and the case was charged under section 19(a) and 19(f) of the Arms Act read with Special Power......ppeal No. 525 of 1991. Judgment Amirul Kabir Chowdhury J.- This appeal at the instance of the accused-appellant preferred under section 30 of the Special Powers Act, 1974 arises out of judgment and order dated 27-4-1991 passed in Special Tribunal Case No.59/1990 by the learned Additional Sessi..Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
....eal are that the victim-informant Nargis Ara Banu lodged an ejahar with Tejgaon police station on 4.2.2003 alleging inter alia, that she got married with appellant No.1 on 20.3.1998. A few days after solemnization of their marriage, her husband and in-laws demanded dowry amounting to Taka 10,00,000/...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......al appearing for the state submits that mere framing of charge does not mean that the accused persons would be held guilty for commission of offence under section 11 (Kha)/30 of the Ain. In course of trial, if it is found that the injury/hurt allegedly inflicted upon the victim was of simple nature,......gree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 55
Karim Ullah alias Kalim Ullah Vs. State, 2011, 40 CLC (HCD)
.... in short, inter alia is that one Ali Akbar as informant lodged an FIR with the Moheshkhali police Station alleging that the informant was living at Kutubzum Ghativanga village, all were demanding ransom from the informant which was denied by the son of informant Nurul Hayat; that at 5.30 p.m. of 24......lace by giving threat; that thereafter at night the informant along with his son and other family members after taking their meal were sleeping, then at about 2.30 A.M. on 25.3.2006 accused No.2 to 6 called his son and his son went out from his house and brought his son on the bank or wadda and at t......acquittal in this case. He further submits that even after issuance of non available warrant of arrest upon the witnesses, till today no witness has turned up and there is no certainty as to when the trial will be concluded and the trial is delayed for no fault of the petitioner and the petitioner i......ution case in short, inter alia is that one Ali Akbar as informant lodged an FIR with the Moheshkhali police Station alleging that the informant was living at Kutubzum Ghativanga village, all were demanding ransom from the informant which was denied by the son of informant Nurul Hayat; that at 5.30 ..Category: Criminal Law | Date: | Hits: 65
Md. A. Razzak Vs. State, 2011, 40 CLC (HCD)
.... that one Mst. Maleka lodged an FIR on 12.5.03 alleging that her husband Abu Hossain @ Sajjad while was engaged his fish business in the evening at about 7.30 on 11.5.03 was killed by slaughtering by some unknown miscreants, accordingly a case under section 302/34 of the Penal Code was started. 3......ication for bail submits that save and except the disclosure of his name in the confessional statement by the co- accused Rabiul Alam alias Rabi there is nothing to implicate the petitioner in the so-called incident and the petitioner has got fair chance of acquittal in this case. He further submits......se. He further submits that although the petitioner has voluntary surrendered before the court and remaining in custody for more than 3 years and the case was transmitted long before on 3.3.05 to the trial court for trial but till now not a single witness has been examined in this case and there is ......the Penal Code, now pending in the Court of Additional Session Judge, Court No. 1 Naogaon. 2. Facts for disposal of the rule are that one Mst. Maleka lodged an FIR on 12.5.03 alleging that her husband Abu Hossain @ Sajjad while was engaged his fish business in the evening at about 7.30 on 11.5.03..Category: Criminal Law | Date: | Hits: 50
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....isitioned as per provision of law and it became the property of Social Welfare Department. The Public Works Department already started construction of a Training and Rehabilitation Center thereon for socially retarded women. The notices under articles 3, 6 and 7 of the Acquisition and Requisition of......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......he Immovable Property Ordinance, 1982 were duly served and some of the plaintiffs received the same. Beside, the suit was not maintainable as being bared by law. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. At one stage, the plaintiffs filed an applic......te a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 58
Md. Mahmudur Rahman alias Rasel and Others Vs. State, 2011, 40 CLC (HCD)
....rising out of Mirjapur P.S. Case No. 02 dated 10.02.2006 under section 4(Kha) and 6 of the Explosive Substance Act, convicting the petitioners and 3 others and sentencing them to suffer rigorous imprisonment for a period of 8 years and to pay a fine of Tk. 5,000/-, in default to suffer rigorous impr......nd reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......n 21.04.2006 under section 4(Kha) and 6 of the Explosive Substance Act against the petitioners and others. 4. Thereafter the case was transmitted to the Court of Special Tribunal No.3, Tangail for trial and renumbered as Special Tribunal Case No.16 of 2006 wherein a charge was so framed under sec......s Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. State, 2011, 40 CLC (HCD)
....the Special Tribunal, Dhaka in Special Tribunal Case No. No.2846 of 2003 convicting the accused petitioner under section 25-B (2) of the Special Powers Act and sentencing them to suffer rigorous imprisonment for 7(seven) years with fine of Tk.1, 00,000/- each, in default to suffer rigorous imprisonm......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ...... investigation police submitted a charge sheet on 9.1.2003 against the accused petitioner under the said section. 4. Thereafter the case was transmitted to the Court of Special Tribunal, Dhaka for trial and renumbered as Special Tribunal Case No. 2846 of 2003. 5. During trial the prosecution e......l-For the opposite party. Criminal Miscellaneous Case No. 11369 of 2009. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 25.07.2005 passed by the Special Tribunal, Dhaka in Special Tribunal Case No. No.284..Category: Criminal Law | Date: | Hits: 56
Liton Vs. State, 2011, 40 CLC (HCD)
....o. 20 of 2004 corresponding to Gangni P.S. Case No. 09 dated 16.01.2004 convicting the accused petitioner under section 3(ka) of the Explosive Substance Act and sentencing him to suffer rigorous imprisonment for 7(seven) years with fine of Tk. 1,000/- in default to suffer rigorous imprisonment for 1......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......accused persons including the petitioner under section 3(kha) and 4 of the Explosive Substance Act. 4. Thereafter the case was transmitted to the Court of Special Tribunal, 2nd Court, Meherpur for trial and renumbered as Special Tribunal Case No. 27 of 2004 which was read over to the accused pers......l-For the opposite party. Criminal Miscellaneous Case No. 1989 of 2009. Judgment AKM Asaduzzaman J.- This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 18.04.2007 passed by the Special Tribunal, 2nd Court, Meherpur in Special Tribunal C..Category: Criminal Law | Date: | Hits: 48
Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....on failed to produce any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......responding to G.R.Case No.35 of 2007 under section 448/302/109/114/34 of the Penal Code, now pending in the 4th Court of Additional Sessions Judge, Mymensingh. 2. The petitioner was brought to the trial under section 448/109/114/34 of the Penal Code. After investigation police submitted a char......AKM Asaduzzaman J. - This rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in Sessions Case No.692 of 2009 arising out of Nandail P.S. Case No.01dated 01.03.2007 corresponding to G.R.Case No.35 of 2007 under section 448/302..Category: Criminal Law | Date: | Hits: 46
Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)
....iled to conclude the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ...... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......0 corresponding to Nawabgaonj P.S. Case No.41 dated 27.01.2010 under section 19A and 19(f) of the Arms Act, 1878 rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) of the Arms Act. 3. After investigation police submitted a char...... learned Special Tribunal, Chapainawabgonj in Special Tribunal Case No.39 of 2010 arising out of G.R. Case No.42 of 2010 corresponding to Nawabgaonj P.S. Case No.41 dated 27.01.2010 under section 19A and 19(f) of the Arms Act, 1878 rejecting the prayer for bail of the appellant. 2. The appellant ..Category: Criminal Law | Date: | Hits: 64
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
.... passed by the learned Additional Sessions Judge, Ist Court, Naogaon in Sessions Case No.09 of 1999 convicting the appellants under section 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Tk. 10,000/-, in default to suffer rigorous imprisonment for a perio......ssociates namely Md. Abed Ali and Md. Ashraf Ali, the accused petitioners herein, took the deceased Kayemuddin to the hat at Jigatola and after he finished his shopping in the hat the accused persons called the deceased out of the hat for the discussion about the monetary transaction relating to the......264/302/201/34 of the Penal Code against the persons including the appellants on 23.6.1998. 5. Thereafter the case was transmitted to the Court of Additional Sessions Judge, Ist Court, Naogaon for trial and registered as Sessions Case No. 9 of 1999 wherein charge was so framed against the accused......I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....ng out of G.R. Case No.76 of 1996 corresponding to Gowainghat P.S Case No. 3 dated 18.09.1996 convicting the accused appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life with a fine of Tk. 20,000/- in default to suffer rigorous imprisonment for 6(six) m...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ...... the appellant along with other five accuseds under section 302/34 of the Penal Code. 4. Thereafter the case was transmitted to the court of learned Additional Sessions Judge, 3rd Court Sylhet for trial and renumbered as Sessions Case No.114 of 1997 wherein a charge was so framed against the appe......the appellant. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 3412 of 2008. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 26.07.2007 passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Ses..Category: Criminal Law | Date: | Hits: 50
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