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Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......order on the alternative prayer. And this order was also challenged before the High Court Division as stated hereinbefore. 3. From the impugned judgment and order, it appears that at the time of hearing the Rule, the learned Advocate who appeared for the accused before the High Court Division m..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......ed against the judgment and order dated 31-7-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1349 of 1996 allowing the appeal. 3. After conclusion of the appeal hearing the view of the majority members of this Division was to dismiss the appeal. 4. I have ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......e trial of the case had to be concluded as such. 4. We are quite in the dark about the defence version of the case, if any, due to the abscondence of the accused-appellant. 5. Anyway, after hearing the prosecution and on an analysis of the evidence and materials on record and in view of th..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......licated as an accused and the cheque itself is not a valid one, as it has been presented after four years of its maturity, which is unlawful as such the accused petitioner should be discharged. After hearing the parties the learned Assistant Sessions Judge rejected the application for discharge and ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......l Code instead of imprisonment for life under section 302/34 of the Penal Code. 3. Hence, the appellant had filed the Criminal Petition for Leave to Appeal No.99 of 2003 before this Division. Upon hearing, Leave was granted to consider the following ground: “Because the Hon’ble High Court ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ...... করিব।তারা এই কথা বলিয়া কবরস্থানের পূর্বদিকে নামিয়া যায়”। 16. Those P. W. s went to PO after hearing the gun fire and had seen the accused leaving the house of Sattar and thus they cannot stric..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... but for a very short period, such as, between 2 to 4 weeks and not for a long period of time. It must also be remembered that sooner he appears before the Magistrate the better. The Magistrate after hearing both the parties would do the needful. If any of the parties is aggrieved, he may ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......itioner an application under section 265C of the Code of Criminal Procedure was submitted .for discharging him from the charges brought against him. The learned Special Sessions Judge after hearing the said application rejecting same framed charge against the accused-petitioner under secti..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......inquiry in the eye of law. It was also stated that no offence was committed under the Singapore law; thus, the proceeding is illegal and liable to be stopped. 40. The learned Special Judge after hearing the said application by its order dated 18-10-2012 rejected the same holding that the provis..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......be any jurisdiction whatsoever to initiate the proceeding by taking cognizance against him; and continuation of such proceeding shall amount to sheer abuse of the process of the court. At the time of hearing it is informed by the learned Advocate that the accused-petitioner is a victim of circumstan..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......close of recording of evidence, the accused was examined under section 342 of the Code of Criminal Procedure. He repeated his innocence. 8. The Bicharok of the Druto Bichar Tribunal, Dhaka after hearing the parties and upon consideration of the evidence and materials on record convicted th..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....objection about the said illegally inserted decision, and accordingly the matter was enquired into by the Anti-Corruption Bureau and when the prima-facie truth in the allegation was found by the preliminary enquiry, Inspector Mr. Md. Rafiqul Islam of Anti-Corruption Bureau lodged FIR against fo......ct, 1947, now pending in the Court of Chief Metropolitan Magistrate, Chittagong, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned FIR case were stayed. 3. Fa..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......2011, 31-6-2010, 3-11-2011,10-11-2011,14-11-2011,13-1-2012 and thereafter several dates were fixed for argument of the Case. But most of the dates at the instance of the State the Court adjourned the hearing. 7. On such circumstances the present accused-petitioner filed this application under S..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ...... proceeding of the instant case by the co-accused Tarique Rahman was challenged before this Court in Writ Petition No. 6286 of 2010 and the Rule Nisi was issued in the writ petition and finally after hearing, the Rule was discharged by judgment and order dated 29-9-2011 and he moved the Civil Petiti..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......s that the deceased, an elderly lady and patient of hypertension accidentally fell on a tin and received injury on her head resulting in her death. 6. The learned Judge of the trial Court after hearing the parties and upon consideration of the evidence and materials on record convicted the con..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......d. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be intimated before such hearing and the Court has to be satisfied that before such hearing the learned Advocates of the resp..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......are not responsible for the unnatural death of Nasima and they have been falsely implicated in the case and they made the alleged confessional statements out of fear of the police. 7. After hearing both the prosecution and the defence and on an appraisal of the evidence and materials on re..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......s. the defence case is that the appellants are innocent and they have been falsely implicated with ulterior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on consideration of the evidence and the materials on record and in view of ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......f the prosecution witnesses there was no scope for examination of the accused-petitioner under section 342 of the Code of Criminal Procedure he being absconding from the very beginning. 5. After hearing the learned Special Public Prosecutor and the state Defence Lawyer and considering the evide..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... the convict-petitioner has been entangled with this case out of enmity with the police personnel. 5. Considering the facts, circumstances and deposition of prosecution witnesses and hearing the parties the learned judge of the trial Court convicted the accused-person in the manner ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
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