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Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ...... Khandaker Diliruzzaman, Assistant-Attorney General-For the Petitioner. Criminal Miscellaneous Case No.6179 of 2007. Judgment Khademul Islam Chowdhury J.- This Rule at the instance of accused petitioner Al-haj A.B.M. Mohiuddin Chowdhury is for bail in Panchalish P.S. General Dairy No..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......t at this Lipa (victim) started crying which was heard by witness Badal. Then Badal came in the place of occurrence and saw the incident and also saw Din Islam standing there. Witness Badal caught accused Fazlu, then another accused Din Islam ran away. At this stage accused Fazlu kicked Badal ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......cified period i.e. 360 days, for concluding trial of a criminal case under section 339C (4) of the Code of Criminal Procedure. When the trial of a case cannot be concluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless th..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......ged the first information report on 16-8-2000 alleging that his brother, Md. Kamal Hossain had enmity which crept up from election of the Managing Committee of Mahuttuly Free Primary School with accused, Zubaed Adel. Earlier, Zubaed through his Personal Assistant initiated false criminal case ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......ard burden of proof is, that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....ested during the course of investigation as suspects. 7. After completion of necessary formalities in terms of the provision of section 339 B (1) of the Code of Criminal Procedure for trial of the absconding accused in absentia the learned Magistrate sent the record of the case to the learned Ses...... issued. 4. P.W.1 Mokbul Gazi appeared in the local police station at Patuakhali on 24.3.2003 at 10.15 in the morning and lodged a written FIR alleging that during the last Union Parishad election accused Abul Kalam and another Habibur Rahman contested for the office of member of Badarpur Union. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ...... Nos.2 and 7 came to her house and proposed to return her daughter provided she paid to them tk. 50,000/- as subscription. The petitioner finding no alternative agreed to the proposal. Thereafter the accused opposite parties returned the daughter of the petitioner to her. That on the following day (..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....002. The condemned prisoners Saidul @ Saidul Islam and Md. Adel @ Adil preferred Criminal Appeal No.4235 of 2003 and also Jail Appeal No.143 of 2004. During trial condemned prisoner Badil @ Badar was absconding and after conclusion of trial and pronouncement of judgment on 29-10-2003, he was finally...... it can be the sole basis of conviction. The documented dying declaration has also been supported by the oral dying declaration of the victims and other evidence on record and the name of the convict accused did not find place in the documented dying declaration and taking into consideration the fac..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......p; Shofiul Alam Mahmood, Advocate - For the Respondent State. Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......ent Sheikh Abdul Awal J.- This Rule was issued on an application under section 498 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Narsingdi to show cause as to why the accused petitioners 1) Md. Hanifa, 2) Mannan Miah alias Mannan both sons of Abdul Hamid should not..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ......umption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirmative of the issue. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on the prosecution and on its failure; it cannot f..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....e sentence of death imposed upon 5(five) accused persons namely 1) Yeasin Khan Palash alias Kala Palash alias Kailla Palash, 2) Sujan alias Iqbal Hossain Sujan, 3) Abdul Mannan alias Milon, 4) Lalin (absconding), 5) Mithu in terms of the judgment and order of conviction and sentence dated 08.07.2003......o examine all the witnesses cited in the charge sheet inasmuch as it is for the prosecution to decide how many witnesses will examine amongst the cited witnesses for establishing its case against the accused persons.……………………………..(81) General tendency of the witness In a ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....h (3) Biplob son of Modu Miah (4) Sunil Shaha son of Sobot Shaha (5) Uzzal son of Sona Miah (6) Sahid son of Faruq Miah all of Village Punchon Khara and (7) Mosaraf Hosain @ Mosa son of Arman Kha all absconding on being found guilty for commission of the offence punishable under section 302/34 of th......enal Code in Drutta Bichar Case No. 36 of 2003 arising out of GR Case No. 632 of 1999 corresponding to Manikganj Police Station Case No.11(7)99. 2. In this Death Reference all the condemned accused-persons, 7 in numbers, referred to above, have been tried in absentia and awarded sentence o..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......d that it is reasonably safe to act upon it. b. Independent evidence must not only make it safe to believe that crime was committed but must in some way reasonably connect or tend to connect the accused with it by confirming in some material particular the testimony of victim of sexual assault ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ntly. This Judgment governs both these matters. 2. Appellants and the petitioner were put on trial before the said Tribunal to face charge under sections 19A and 19(f) of the Arms Act. Some of the accused persons, pleaded not guilty and claimed to be tried. 3. Prosecution in support of its cas..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
.... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......ase, in short, is that on 03.11.2001 at about 19:30 hours one Sheikh Abdul Baten as complainant filed a petition of complaint before the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka against 9 accused persons including these petitioners alleging, inter-alia, that the informant being a Govern..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......t. 2. The prosecution case may, in short, be stated as follows:- 3. The victim Rikta Begum @ Shilpi was younger sister of the informant Anowar Hossain and she was given in marriage with the accused. Md. Abdul Gofur before about 2 years from the date of occurrence and she had been residing ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....nus Mollah and Sujan. During trial charge was framed against 13 accused persons, Pichhi Babul having died before the date of framing of charge. Six of the accused persons, including Sundar Babu, were absconding. Accused Md. Abdul Khalek alias Kawa Khalek was charged under Sections 302/109 of the Pen...... under Section 374 of the Code of Criminal Procedure made by the learned Metropolitan Additional Sessions Judge, Third Court, Dhaka is submitted for confirmation of the sentence of death imposed upon accused Shahid Javed Gaira alias Garib Miah, Ismail Mollah alias Galu and Sundar Babu son of Afzal H..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ecial Tribunal Case No.16 of 2004 taking cognizance of an offence under section 25-B of the Special Powers Act, 1974 rejecting the final report submitted by the Investigation Officer in favour of the accused-appellants. 2. The prosecution case in short, is that J.C.O. 4527 Naik Subedar Md. Abdul ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......Government agencies and increase accountability and transparency of State actions, is particularly concerned to note that the respondent No.4, former President Hossain Md. Ershad, along with 16 other accused-persons were tried in the Special Case No.11 of 1992 by the 2nd Court of Additional Sessio..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
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