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Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......sdiction, and may take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non-bailable may, if it thinks necessary to do so, send the accused in custody of such Magistrate, and may bind over any person to appear and give evidence before such Mag..

Category: Criminal Law | Date: | Hits: 82

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

....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......terms: "The closest relation of facts which can exist between a corporeal thing and the person who possesses it implying an actual physical contact, as by sitting or standing upon a thing denoting custody coupled with a right or interest of proprietorship and possession is inclusive of "custody" ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....Hamidul Haque J State…………………Petitioner Vs. Md. Jamaluddin……………………Condemned Prisoner Judgment December 3, 1997. Result: The Reference is rejected and Jail Appeal is dismissed. Lawyers Involved: Md. Mansurul Hoque; Deputy Attorney-General - For ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..

Category: Criminal Law | Date: | Hits: 72

Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)

....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......ccused persons including the petitioner. 4. Mr. Syed Ziaul Karim, learned Advocate appearing for the petitioner, submits that the petitioner was arrested by the police on 19-12 since then he is in custody and that in the First Information Report though the name of petitioner was shown as accused ..

Category: Criminal Law | Date: | Hits: 74

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......inal Procedure. 13. It will appear that even at the time of obtaining the Rule from this Court the petitioner did not appear before this Court or even stated in his ­application whether he was in custody or on bail. In such circumstances when we had to deal with the matter we asked the learned A..

Category: Criminal Law | Date: | Hits: 70

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....ics, Dacca University, was arrested by the Police from his residence in the night of 4th August, 1976 and was kept in police custody till 14th August, 1976, when he was forwarded to the Dacca Central Jail under rule 30(1) of the Emergency Powers Rules for keeping him in jail custody for 15 days, and......sal of the appeal are that the detenu, a lecturer in the Department of Physics, Dacca University, was arrested by the Police from his residence in the night of 4th August, 1976 and was kept in police custody till 14th August, 1976, when he was forwarded to the Dacca Central Jail under rule 30(1) of ..

Category: Criminal Law | Date: | Hits: 103

Abu Taleb Vs. State, 1988, 17 CLC (HCD)

....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down imme­diately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......d true, can not be the basis of the conviction even against the maker. The learned Advocate has very strongly challenged the voluntaryness of the confession pointing out that the accused was taken to custody having been arrested on 17.3.80 and after a long time he was taken on re­mand on 26.9.80 by..

Category: Criminal Law | Date: | Hits: 84

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....The Rule is made absolute and it is directed that the dete­nu Md. Ofazuddin Dewan, son of late Samiruddin Dewan of Goshala Bazar (Tumal Quarter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also......detenu Md. Ofazuddin Dewan of Goshala Bazar (Tumal Quarter), P.S. and District Lalmonirhat should not be brought before this Court so that it may satisfy itself that the detenu is not be­ing held in custody without lawful authority or in an unlawful manner. 3. The petitioner has stated in her pe..

Category: Criminal Law | Date: | Hits: 66

Kabir and others Vs. State, 1991, 20 CLC (HCD)

.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ...... the same and his signature Ext. 6(5) and the LTI of accused Ext. 6(6) and remarked that the statement of the accused was voluntary and true. He stated that he sent the accused thereafter to the jail custody. In his cross‑examination this witness stated that the accused was arrested in between 8.9..

Category: Criminal Law | Date: | Hits: 76

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....f Metropolitan Magistrate, Dhaka. 3. Mr. A. Samad, learned advocate for the dete­nu after complying with the aforesaid conditions went with the order of his release on bail to the Dha­ka Central Jail in the evening on 6.8.88 when they were told by the jail authorities to come on the next mornin......er Dr. Md. Habibullah (next friend of the detenu) calling upon the Secretary, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority. 2. Th..

Category: Criminal Law | Date: | Hits: 108

Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)

....sued calling upon the Respondents to show cause why detenu Yunus Ali Mintu, son of Nazir Uddin @ Nasir Uddin of College Road, Ishwardi, Upazila Ishardi, District Pabna, now detained at Pabna District Jail should not be brought before this Court so that it may sat­isfy itself that the detenu is not ......ers Act, 1974. It has been further alleged that the order of de­tention expired on 1.11.88 and thereafter upto 6.11.88 there was no order of detention and the dete­nu has been illegally detained in custody. With the above averments, inter alia, the petitioner moved the writ petition along with som..

Category: Criminal Law | Date: | Hits: 60

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

.................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No. 1483 of 1992 with 1449, 2230, 2098, 1696, 1302, 1670 of 1992, 60 of 1993 with 73, 2......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...

Category: Criminal Law | Date: | Hits: 73

Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)

....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ...... from the date of his arrest or his surrender before the Court. 6. Eventually, the convict petitioner was produced under arrest before the learned Magistrate on 1‑2‑95. He was then remanded to custody to undergo the punishment imposed upon him. Thereafter, he preferred an appeal being No. 34 ..

Category: Criminal Law | Date: | Hits: 87

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....t February 27, 2012. Result: Leave is granted. Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dated 20th April, 2008 passed by the Hi......the prosecution evidence the accused persons on dock were examined under section 342 of the Code of Criminal Procedure, when accused Dipak Dutta Bhola stated that he was unauthorizedly kept in police custody, where he was inhumanly tortured and compelled to make the confessional statement as tutored..

Category: Criminal Law | Date: | Hits: 68

Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)

....udgment February 23, 2012. Result: Leave is granted. Lawyers Involved: A. B. M. Bayzid, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 12 of 2008 (From the judgment and order dated 24th March, 2008 passed by the Hi......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)

....al Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 2009 passed by the High Court Division in Death Reference No.39 of 2005; Criminal Appeal Nos.1509 and 1956 of 2005 and Jail Appeal No.370 of 2005) Order Muhammad Imman Ali J. - The delay of five days in filing the......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 70

State Vs. Abul Hashem, 1997, 26 CLC (HCD)

....vember 10, 1997. Result: Death References are rejected. Case Referred to- 8 BLD (AD) 109. Lawyers Involved: Syed Aba Kowser, Assistant Attorney-General - For the State (in both the Jail Appeals). Advocate Khorshed Alam Khan - For the Condemned Prisoner (In Death Reference No.31......er being informed P.W.5, the Chairman of Bisheka asked chowkidar P.W.8 to arrest them. Two torch-lights and one watch were recovered from them in presence of P.W.9. Police subsequently took them into custody. On 7-8-91 all the dacoits made confessional statement and those were recorded by P.W.3 Mr. ..

Category: Criminal Law | Date: | Hits: 66

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......im when he tried to flee away. On recovery of the victim girl she was taken to the police‑station and thereafter sent to the local Upazila Magistrate who sent the victim girl Shilpi to the judicial custody by an order and also recorded her statement under section 164 CrPC in which she alleged, int..

Category: Criminal Law | Date: | Hits: 69

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Mobarak Ali (Md.) alias Mobarak Ali Mondal………………….Convict-Petitioner (In Jail) Vs. People’s Republic of Bangladesh, represented by the Secretary, Ministry Home Affai......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..

Category: Criminal Law | Date: | Hits: 79

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......ial points. Mr. Khan has also referred to the case of Ruston Ali Vs. State, reported in 9 BLD (1989), High Court Division page 477 wherein it has been held that the accused having been kept in police custody for 3 days preceding the recording of his confession, his confession cannot be considered as..

Category: Criminal Law | Date: | Hits: 74