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Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....ision of law as regard the burden of proof is embodied under section 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particula......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......of proof The provision of law as regard the burden of proof is embodied under section 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all mater..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......the order of detention and the grounds of detention and the satisfaction or the opinion of the detaining authority must be based on such facts and materials. Absence of nexus between some of the reasons shown in the detention order and the facts and reasons disclosed in the grounds supplied ma..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
.... Begum forcibly against her will for which he was convicted under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 27. The fundamental and basis presumption in the administration of criminal law and justice delivery system is that the accused should be presumed to be innocent till ......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......inant filed petition of complaint before the learned Magistrate, First Class, Sadar Thana, Dinajpur on 15-5-2000 implicating the appellant Mostafa alias Masta and 3 others which was subsequently treated as first information report, that in the first information report, it was alleged, inter alia..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......hat it was the condemned-petitioner and none else who killed the wife and daughter was all along on the prosecution and it never shifted on the condemned-petitioner in the absence of any proof beyond reasonable doubt that he was present in the occurrence house when the occurrence took place. It is a..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......zul Islam in GR Case No.164 of 2006 pending in the Court of Magistrate 1st Class, Faridpur. In that case, the first information report was lodged on 12-4-2007 under sections 161/109 of the Penal Code read with section 5(2) of the (Act II of 1974). It has been alleged that accused petitioner being a ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
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. ......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. ......r. He is an activist of Awami League and Labour organizations. After proclamation of Emergency in the country he opposed the policy decision of the government relating to public welfare and acted to create hostile opinion against the caretaker government openly and secretly and grave apprehension of..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. ......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. ......They told the complainant not to tell the matter to any one, they also said not to file any case in the Thana and assured the complainant to make an amicable settlement in this regard. 3. Thereafter the complainant informed the incident to her husband when he came back to the house after ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....7. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C (4) There is specified 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 ca......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. ...... 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 there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground for consider..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....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 against the informant and his men. Zubaed asked deceased Kamal to work for him and ......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. ......l. Earlier, Zubaed through his Personal Assistant initiated false criminal case against the informant and his men. Zubaed asked deceased Kamal to work for him and if Kamal did not do so, Zubaed threatened him, even disclosed that, he will kill Kamal. This fact was informed to the headmen of th..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....and fabric of truth should be the guiding factor. It is the duty of the Court to disengage the truth from falsehood. The Court has to assess the worth of necessarily imperfect human testimony. In a criminal case, the Court cannot proceed to consider the evidence of prosecution witnesses in a mec......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. ......r. Subject to the exception in section 105 of the Evidence Act where an accused pleads certain mitigating circumstances exist. Nevertheless, the prosecution must establish the charges beyond all reasonable doubt. The failure of the accused to bring his case within any of the exceptions does no..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....rials enough before him to convict the condemned prisoners, not to speak of sentencing them to capital punishment. Under the circumstances, he submits for their acquittal allowing the appeals and the criminal Misc. Case and thereby setting aside the impugned judgment and order of conviction and reje...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......atuakhali. After finishing his business he prodeeded for home along with P.W.2 Faisal. After crossing the Khalishakali ferry when they disembarked on the other bank of the river at 10-30 at night and reached north-west road crossing all the FIR column named accused i.e. 1) Tipu, 2) Moti Gazi, 3) Soh..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. ......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. ......posite party 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 fol..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......e Shafique and convict accused Saidul Islam, Adel and Badil, At one stage of the altercation there was scuffling among them. Being enraged by the incident, Shafique, Adel, Badil and Saidul held out threats to kill the victims. In the night following 8-4-2002 both victim Iman and Iran had been sleepi..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
.... No one appears - For the Appellant. 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 Ju......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. ......er alia, that on 2-3-99 at about 11-00 PM while she was sleeping with her 5(five) years daughter, at that time accused Md. Abdul Majid entered into her hut by cutting the fence of the hut. 3. Thereafter, when the accused touched her body she woke up and tried to raise hue and cry but the accuse..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. ......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. ......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. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....ce Act, 1872 (Act No. 1 of 1872); section 101 Presumption 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 r...... 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. ......e 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 fall back upon the e..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... June 3, 2007. Result: The Appeals are dismissed. The Penal Code, 1860 (XLV of 1860); section 34 In order to attract the section 34 of the Penal Code, it must be established first that a criminal act has been done by several persons and secondly that all the participants intended that t...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......and P.W.5 Kala requested to the driver of that private car to bring the injured Mizan to hospital and accordingly, they started towards the hospital by that car and in their way to hospital when they reached at the eastern side of Rampura main road the accused Nos.1) Kala Palash, 2) Sujan, 3) Mithu,..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
.... reference. Of course only the convicted accused-appellant Labu Mallik who has been found guilty for committing the offence punishable under Section 302/109 of the Penal Code has preferred a separate criminal appeal 4716 of 2003 challenging the legality of the impugned judgment and order of convicti......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ...... as follows:— On 20-7-1999 at about 6-00 PM while Kabul Kha, (hereinafter referred to as the deceased) co-villager of the informant, was proceeding towards the house of the Gini Mollik and reached on the main road all the accused-person namely Asgar, Monir, Motion, Lipai, Biplob, Sunil Sa..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ...... Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tejgaon Industrial Area, Tejgaon, Dhaka, First opposite party of Civil Revision Case directing plaintiff to hand over po..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
.... on presentation of this Petition of appeal before this Court. 35. Points formulated in determining the doom of the appeal is now being approached and addressed by us. 36. In each and every criminal case the evidence of prosecution witnesses has to be considered upon the point of view of t......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. ......ly the Right to life engrafted in Article 32 of The Constitution of The People's Republic of Bangladesh. For the last few years, though, crime against women in general and rape in particular is on increase, it is very much distressing that for commission of rape innocent persons are, also, trapped a..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
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